High Court of Bombay

5,131 judgments

Year:

Marathon Era Co-operative Housing Society Ltd v. The Competent Authority & District Dy. Registrar, Co-operative Societies, Mumbai City

18 Apr 2024 · G.S. Patel

The Bombay High Court held that Section 11 MOFA applies to multi-building phased layout developments, entitling flat purchasers' societies to unilateral deemed conveyance of their plot, built-up area, and undivided interest in common areas upon issuance of Occupation Certificate, and set aside the Competent Authority's refusal.

property appeal_allowed Significant Maharashtra Ownership Flats Act Section 11 MOFA Unilateral Deemed Conveyance Phased layout development

Conservation Action Trust v. Dahanu Taluka Environment Protection Authority

18 Apr 2024 · A.S. Chandurkar; Jitendra Jain

The Bombay High Court upheld the Dahanu Taluka Environment Protection Authority's statutory clearance for the Greenfield Port at Vadhavan, affirming its binding authority under the Environment (Protection) Act, 1986, and balancing sustainable development with environmental protection.

environmental petition_dismissed Significant Dahanu Taluka Environment Protection Authority Environment (Protection) Act, 1986 ecologically fragile area Greenfield Port Vadhavan

Conservation Action Trust v. Dahanu Taluka Environment Protection Authority

18 Apr 2024 · A.S. Chandurkar; Jitendra Jain

The Bombay High Court upheld the binding authority of DTEPA under the Environment (Protection) Act, 1986, dismissing challenges to its clearance for the Greenfield Port at Vadhavan, emphasizing the balance between sustainable development and environmental protection.

environmental petition_dismissed Significant Dahanu Taluka Environment Protection Authority Environment (Protection) Act, 1986 Ecologically fragile area Greenfield Port Vadhavan

Pimpri Chinchwad Municipal Corporation v. Ravi Arjun Jagte & Ors.

18 Apr 2024 · Sandeep V. Marne

The Bombay High Court upheld the Industrial Court's finding that contract workers engaged by PCMC were employees entitled to absorption and arrears, dismissing jurisdictional and maintainability challenges despite procedural impropriety.

labor appeal_dismissed Significant Industrial Court jurisdiction employer-employee relationship MRTU & PULP Act contract workers

Maheshkumar G. Garodia v. The Union of India

17 Apr 2024 · A.S. Chandurkar; Jitendra Jain

The Bombay High Court held that work done under a jurisdictionally invalid restraint order cannot be undone if in public interest, but the affected party may claim compensation through civil proceedings.

administrative petition_dismissed Significant Indian Telegraph Act, 1885 Section 16(2) jurisdiction transmission towers

Vinayak Sopan Matre & Ors. v. The Principal, Government Polytechnic Pune & Ors.

17 Apr 2024 · A. S. Chandurkar; Jitendra Jain

The Bombay High Court quashed the cancellation of petitioners' admissions to a part-time diploma course due to non-compliance with verification directions and improper post-admission cancellation after substantial course completion.

administrative petition_allowed Significant admission cancellation technical field experience affidavit experience certificate

Shri Aakash Babaso Shinge v. Additional Commissioner

17 Apr 2024 · Gauri Godse · 2024:BHC-AS:22453

The Bombay High Court upheld the disqualification of a Gram Panchayat member for encroachment on government land by his father, ruling that shared occupation or business on encroached property leads to disqualification regardless of separate residence claims.

administrative petition_dismissed Significant disqualification encroachment government land Maharashtra Village Panchayat Act

Abhimanyu Narasu Patil v. Commissioner of Police

17 Apr 2024 · A. S. Gadkari; Shyam C. Chandak

The Bombay High Court quashed a preventive detention order for non-supply of relied-upon documents, affirming the constitutional requirement of communicating all grounds to enable effective representation under Article 22(5).

constitutional petition_allowed Significant preventive detention Article 22(5) Constitution of India grounds of detention non-supply of documents

Sanjay Kumar Agrawal v. Union of India

17 Apr 2024 · Revati Mohite Dere; Manjusha Deshpande

The Bombay High Court quashed the Look Out Circular against a non-accused petitioner in a PMLA case due to lack of material and procedural non-compliance, affirming the right to travel subject to cooperation.

criminal petition_allowed Significant Look Out Circular Prevention of Money Laundering Act Enforcement Directorate Non-cooperation

Nareshkumar Rajpal Bagdi v. The State of Maharashtra

17 Apr 2024 · A. S. Gadkari; Shyam C. Chandak

The Bombay High Court upheld the conviction of the appellant for murder and theft based on a complete and cogent chain of circumstantial evidence excluding all other hypotheses.

criminal appeal_dismissed Significant circumstantial evidence murder theft disclosure statement

Sunanda Sudhakar Thakur & Ors. v. Rajendra Dynaneshwar Khandve

16 Apr 2024 · Milind N. Jadhav

The High Court upheld the Trial Court's rejection of a belated amendment challenging a registered Development Agreement as time-barred and prejudicial, emphasizing judicious exercise of discretion under Order VI Rule 17 CPC.

civil petition_dismissed Significant amendment of pleadings Order VI Rule 17 CPC limitation registered document

Prasanna Karunakar Shetty v. State of Maharashtra

16 Apr 2024 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court quashed attachment orders against a former company director for GST recovery, holding that recovery without prior show cause notice and subjective satisfaction under Sections 79 and 89 of the MGST Act violates fundamental rights.

administrative petition_allowed Significant Maharashtra Goods and Service Tax Act, 2017 Section 79 MGST Act Section 89 MGST Act Director liability

Gopal Suresh Malik v. The State of Maharashtra

16 Apr 2024 · A.S. Gadkari; Shyam C. Chandak
Cites 1 · Cited by 0

The Bombay High Court upheld the preventive detention of a petitioner under the MPDA Act, ruling that his criminal acts had the latent potential to disturb public order and justified detention.

criminal petition_dismissed Significant preventive detention public order law and order MPDA Act

SATCO Capital Markets Ltd. v. Rahul H Bajaj

15 Apr 2024 · G.S. Patel; Neela Gokhale

The Bombay High Court held that a Section 37 appeal against a Section 34 order is strictly limited to grounds considered in the Section 34 petition and dismissed the appeal challenging the arbitral award as perverse or irrational.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 challenge Section 37 appeal patent illegality

Al Jamia Mohammediyah Education Society v. Commissioner Of Income Tax (Exemptions) & Ors.

15 Apr 2024 · K. R. Shriram; Dr. Neela Gokhale

The Bombay High Court allowed condonation of delay in filing Form No.10B by a charitable trust under Section 119(2)(b) of the Income Tax Act, emphasizing equitable exercise of discretion in cases of bona fide inadvertent delay.

tax petition_allowed Significant Section 119(2)(b) Income Tax Act condonation of delay Form No.10B charitable trust

Ram Kotumal Issrani v. Directorate of Enforcement

15 Apr 2024 · Revati Mohite Dere; Manjusha Deshpande

The Bombay High Court held that the petitioner’s arrest under PMLA was lawful as he was produced before the Special Court within 24 hours of formal arrest, and condemned overnight interrogation violating the right to sleep.

criminal petition_dismissed Significant Article 22(2) Constitution Section 19 PMLA Section 50 PMLA 24-hour production rule

Elliyas Mohammad Gause Momin v. The Union of India

15 Apr 2024 · Revati Mohite Dere; Manjusha Deshpande

The Bombay High Court allowed the petition directing issuance of a passport to a petitioner acquitted in all cases, holding that an adverse police report without pending prosecution is insufficient ground for refusal.

criminal petition_allowed Significant passport refusal adverse police report acquittal Popular Front of India

Abhijit Bhagwat Khedkar v. State of Maharashtra

15 Apr 2024 · A. S. Chandurkar; Jitendra Jain

The Bombay High Court dismissed the petition seeking declaration of class improvement exam results and revised marksheet, holding that failure to appear in all chosen papers and lack of improved class disentitles the petitioner from CIS benefits.

administrative petition_dismissed Class Improvement Scheme Higher Education Ph.D. Admission Revised Marksheet

Rahul Gajanan Tumbada v. State of Maharashtra

15 Apr 2024 · Revati Mohite Dere; Manjusha Deshpande

The Bombay High Court acquitted the appellant in a child sexual assault and murder case due to failure of the prosecution to prove guilt beyond reasonable doubt on circumstantial evidence.

criminal appeal_allowed Significant circumstantial evidence sexual assault murder Protection of Children from Sexual Offences Act

Hindustan Petroleum Corporation v. Mavji Jethalal Rathod

12 Apr 2024 · Sandeep V. Marne

The Bombay High Court upheld the termination of a workman for assaulting his superior officer, rejecting the Industrial Tribunal's reduction of penalty as disproportionate.

labor appeal_allowed Significant industrial dispute disciplinary proceedings assault on superior officer termination of service