High Court of Bombay

5,131 judgments

Year:

Tarun Narainsingh Advani v. Deepak Matai & Ors.

12 Apr 2024 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J
Cites 2 · Cited by 0

The Bombay High Court dismissed the appeal, holding that the 1991 Will was invalid due to lack of free volition and undue influence, emphasizing the heavy burden on the propounder to dispel suspicious circumstances under Section 61 of the Indian Succession Act.

civil appeal_dismissed Significant Indian Succession Act, 1925 Section 61 Section 63 Will validity

Shri Mahendra Bansilal Patil v. Commissioner of Transport

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

The Bombay High Court quashed the Transport Commissioner's Circular imposing unauthorized conditions for BH series vehicle registration, affirming that Central Motor Vehicles Rules prevail over inconsistent State directives.

administrative petition_allowed Significant BH series registration Central Motor Vehicles Rules 2021 Transport Commissioner Circular Article 254 Constitution

Aditya Ishwardas Rasiwasia & Ishwardas Laxmichand Agarwal v. State of Maharashtra & Ors.

12 Apr 2024 · Revati Mohite Dere; Manjusha Deshpande

The Bombay High Court quashed the Look Out Circulars against applicants discharged in a CBI case, holding that their fundamental right to travel cannot be restricted without valid grounds despite a pending challenge to the discharge.

criminal appeal_allowed Significant Look Out Circular Section 482 CrPC Discharge order Fundamental right to travel

Baban Vishnu Shivale v. Anil Sukhleswar Markale

12 Apr 2024 · Gauri Godse

The Bombay High Court dismissed the writ petition challenging a Maharashtra Revenue Tribunal order on grounds of delay, latches, and the petitioners' failure to approach the court with clean hands.

civil petition_dismissed Significant Article 227 Constitution of India Maharashtra Tenancy and Agricultural Lands Act 1948 Section 32F Section 32P

Harshwardhan Dhanaji Patil v. Vikas Tanaji Patil

10 Apr 2024 · Milind N. Jadhav

The Bombay High Court dismissed the writ petition and vacated interim relief in a possession dispute, holding that long-standing possession supported by documentary evidence outweighs unsubstantiated claims of recent dispossession at the interim stage.

civil appeal_dismissed Significant possession unregistered sale deed interim injunction ancestral property

Dattatray Bajrang Naik v. Union of India

10 Apr 2024 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J

The High Court held that the disciplinary authority must independently impose penalties without being bound by vigilance advice, upheld removal of an employee for claiming benefits under an incorrect caste certificate, and ruled that re-verification rules apply prospectively from 1995.

administrative appeal_dismissed Significant disciplinary authority Directorate General of Vigilance caste certificate verification Scheduled Tribe category

B-Right Real Estate Limited v. Pune Metropolitan Region Development Authority

10 Apr 2024 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J

The Bombay High Court dismissed the petition seeking extension of bid submission deadline in an e-auction, holding that courts will not interfere in tender timelines absent arbitrariness or mala fide conduct by the authority.

administrative petition_dismissed Significant tender process judicial review e-auction bid submission deadline

IKEA India Private Limited v. State of Maharashtra

10 Apr 2024 · B. P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court held that no royalty or penalty under Section 48(7) MLRC is payable on earth excavated and redeployed on the same plot during land development, quashing the State’s penalty and royalty demands against IKEA India.

administrative petition_allowed Significant royalty penalty excavated earth minor mineral

Mr. A. S. Rao with Mr. R. v. Dighe, for

10 Apr 2024 · Revati Mohite Dere; N. J. Jamadar; Sharmila U. Deshmukh

The Bombay High Court Larger Bench held that revision under Section 397 CrPC is maintainable against a Magistrate's order under Section 156(3) CrPC directing investigation, but once FIR is registered, the revisional court cannot quash the FIR or subsequent proceedings, which lie within the High Court's extraordinary jurisdiction.

criminal appeal_allowed Significant Section 156(3) CrPC Section 397 CrPC revision jurisdiction FIR registration

Sudesh Sharad Redij & Ors. v. Sunil Shankar Redij & Ors.

08 Apr 2024 · Sandeep V. Marne

The High Court held that a suit for injunction simplicitor is not maintainable without lawful possession of the entire property and set aside decrees granting injunction where the Plaintiff admitted Defendants' possession of half the property.

civil appeal_allowed Significant injunction simplicitor possession ownership declaration recovery of possession

Siyaram Packaging Pvt. Ltd. v. National Flask Industries Ltd.

05 Apr 2024 · Milind N. Jadhav

The High Court upheld the trial court’s reasoned interim compensation order for unauthorized possession post expiry of Leave and Licence Agreements and set aside the appellate court’s arbitrary reduction of compensation without reasons.

civil appeal_allowed Significant Leave and Licence Agreement Lease Agreement Interim compensation Market rate valuation

Shivanand Hanmant Bobade v. The State of Maharashtra

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

The High Court held that the power of review under the Maharashtra Police Act must be exercised with notice and opportunity of hearing, setting aside a dismissal order passed without such compliance and directing reinstatement of the petitioner.

administrative appeal_allowed Significant Maharashtra Police Act, 1951 Section 27 Section 27B power of review

M/s. Organic Agro Manufactures Association v. The Union of India

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

The Bombay High Court upheld the validity of the 2021 amendment regulating bio-stimulants under the Fertilizer Control Order and dismissed the writ petition filed by an association lacking locus standi.

administrative petition_dismissed Significant bio-stimulants Fertilizer Control Order, 1985 Essential Commodities Act, 1955 Article 226

Siyaram Packaging Pvt. Ltd. v. National Flask Industries Ltd.

05 Apr 2024 · Milind N. Jadhav

The High Court upheld the Trial Court’s interim compensation order for unauthorized possession under expired Leave and Licence Agreements, setting aside the Appellate Court’s unexplained reduction of compensation.

civil appeal_allowed Significant Leave and Licence Agreement Lease Agreement Interim compensation Unauthorized possession

Natwarlal Shamji Gada v. Vinay Raghunath Deshmukh

05 Apr 2024 · Sandeep V. Marne

The High Court held that legal heirs cannot amend the plaint at appellate stage to introduce a new bonafide requirement inconsistent with the original Plaintiff's pleadings and set aside the order permitting such amendment and remand.

civil petition_allowed Significant bonafide requirement amendment of plaint Order 41 Rule 25 CPC eviction suit

Commissioner of Income Tax Central – II v. Income Tax Settlement Commission; M/s. Kanakia Spaces Pvt. Ltd.

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

The Bombay High Court upheld the Income Tax Settlement Commission's order allowing settlement and capitalization claims, holding that judicial interference is limited to procedural violations or contravention of the Income Tax Act.

tax petition_dismissed Significant Income Tax Settlement Commission Section 245D(4) Section 80IB(10) judicial review

Giridhar Yadav and Ors. v. State of Maharashtra

04 Apr 2024 · S. M. Modak
Cites 1 · Cited by 0

The High Court set aside the conviction for robbery due to denial of fresh hearing by the appellate court and remanded the matter for fresh hearing, emphasizing the necessity of hearing and reasoned appellate interference with acquittals.

criminal appeal_allowed Significant natural justice fresh hearing appellate court reversal of acquittal

Daksh Juber Ghelani v. The Commissioner of Police, Pune City

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

The Bombay High Court quashed a preventive detention order due to unexplained delay in recording witness statements and issuing the order, breaking the causal link required for valid detention under the MPDA Act.

criminal petition_allowed Significant preventive detention delay in detention order in-camera statements Maharashtra Prevention of Dangerous Activities Act

Divyaniben Ajaykumar Patel v. Union Territory of Dadra and Nagar Haveli Daman & Diu

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

The Bombay High Court quashed a preventive detention order due to unexplained seven-month delay breaking the proximate link between alleged offence and detention, emphasizing the necessity of timely detention orders.

criminal petition_allowed Significant preventive detention undue delay proximate link Gujarat Prevention of Anti-Social Activities Act, 1985

Rajesh Shantilal Sejpal v. Maharashtra State Road Transport Corporation

04 Apr 2024 · A. S. Chandurkar; Jitendra Jain
Cites 2 · Cited by 0

The Bombay High Court held that a head-on collision was due to composite negligence of both drivers, rejected the act of God defense, and awarded compensation with interest to the appellant's legal heirs.

civil appeal_allowed Significant Motor Vehicles Act, 1988 composite negligence act of God compensation calculation