High Court of Bombay

4,240 judgments

Year:

Jehangir Soli Sorabjee v. M/s. Warden and Company (India) Private Limited

03 Apr 2024 · Sandeep V. Marne

The High Court set aside the order allowing recall of a witness after long delay, holding that Order 18 Rule 17 CPC must be sparingly used to clarify doubts and not to fill omissions or cause delay in a suit pending since 1986.

civil petition_allowed Significant Order 18 Rule 17 CPC recall of witness re-examination Indian Evidence Act Sections 137 and 138

Nav Chetna Charitable Trust v. Commissioner of Income Tax (Exemption)

03 Apr 2024 · G. S. Kulkarni; Advait M. Sethna
Cites 1 · Cited by 0

The Bombay High Court allowed the writ petition directing condonation of 799-day delay in filing Form 9A under Section 119(2)(b) of the Income Tax Act, emphasizing the discretionary power to mitigate genuine hardship and rejecting a hyper-technical approach.

tax petition_allowed Significant Section 119(2)(b) Income Tax Act condonation of delay Form 9A CBDT Circulars

Babubhai Shankarlal Mehta & Ors. v. State of Maharashtra & Ors.

03 Apr 2024 · A. S. Gadkari; Kamal Khata

The Bombay High Court held that failure by the Planning Authority to take effective acquisition steps within statutory timelines under Section 127 of the MRTP Act results in lapse of land reservation, entitling the landowner to notification of lapse and development rights.

property petition_allowed Significant Maharashtra Regional and Town Planning Act, 1966 Section 127 reservation lapse land acquisition

Sarfaraz S. Furniturewalla v. Afshan Sharfali Ashok Kumar

02 Apr 2024 · Rajesh S. Patil

The Bombay High Court held that hardship or rehabilitation allowances paid as 'transit rent' during redevelopment are capital receipts not subject to TDS under Section 194(I) of the Income Tax Act, and interest on amounts withdrawn from the Small Causes Court is at that court's discretion.

tax appeal_allowed Significant Section 194(I) Income Tax Act TDS on rent transit rent hardship allowance

Shilpa Santosh Salvi v. Pankaj Shobhnath Yadav & Ors.

02 Apr 2024 · G. S. Patel; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court upheld the validity of a caste certificate issued by the Mumbai Suburban authority, ruling that jurisdiction depends on residence at the relevant deemed date and that the certificate was lawfully issued after due scrutiny.

administrative petition_dismissed Significant Caste Certificate Competent Authority Territorial Jurisdiction Inherent Jurisdiction

M/s. Sateri Builders and Developers LLP v. Slum Rehabilitation Authority

02 Apr 2024 · Milind N. Jadhav

The High Court upheld the AGRC’s order setting aside the acceptance of an incomplete slum redevelopment proposal that excluded eligible occupants, emphasizing strict compliance with statutory consent and procedural requirements under the Maharashtra Slum Areas Act.

administrative appeal_dismissed Significant Slum Rehabilitation Scheme Maharashtra Slum Areas Act, 1971 Circular No.144 51% consent

Zainab Rafiullah Shaikh v. Puthenveedu Joseph Mathew

02 Apr 2024 · Devendra Kumar Upadhyaya; Arif S. Doctor

The Bombay High Court upheld the appointment of a Court Receiver over disputed commercial premises, dismissing the appellant's challenge that the appointment was unjustified and confirming that a trespasser cannot resist such appointment by invoking equitable tests.

civil appeal_dismissed Significant Court Receiver Order XL Rule 1 CPC Specific Relief Act Consent Decree

Sar Senapati Santaji Ghorpade Sugar Factory Ltd. v. Assistant Commissioner of Income Tax

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

The Bombay High Court held that an application filed before retrospective amendments barring such applications is a vested right and cannot be invalidated, quashing eligibility restrictions imposed by CBDT notifications beyond statutory provisions.

tax appeal_allowed Significant Income Tax Act, 1961 Section 245C Settlement Commission Interim Board for Settlement

M. H. Patel v. Virendra Babubhai Dalal

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

The High Court held that de novo trial under Section 326 CrPC does not apply to verification under Section 202 CrPC and remanded the matter for reconsideration without requiring fresh verification, clarifying that offences under Section 500 IPC are not triable summarily.

criminal appeal_dismissed Significant Section 326 CrPC verification under Section 202 CrPC summary trial Section 500 IPC

‘K’ Savakash Auto Rickshaw Sangha v. Union of India

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

The Bombay High Court upheld the validity of additional fees levied under the Central Motor Vehicles Rules, 1989 for delayed applications, holding such fees are authorized regulatory fees under Section 211 of the Motor Vehicles Act, 1988 and not penalties.

administrative petition_dismissed Significant Motor Vehicles Act, 1988 Central Motor Vehicles Rules, 1989 Section 211 additional fee

Sharad Devidas Shelke v. The State of Maharashtra

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

The Bombay High Court upheld the disqualification of a candidate for incorrectly stating his educational qualification in the recruitment application, emphasizing the candidate's responsibility for accuracy and refusing to disturb the completed selection process.

administrative petition_dismissed Significant recruitment educational qualification disqualification online application

Soheb Sageerali Khan v. The State of Maharashtra

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

The Bombay High Court held that cancellation of a student's improved re-examination result for failure to collect the marksheet within six months is unjustified and directed issuance of the revised marksheet upon payment of prescribed charges.

administrative petition_allowed Significant Higher Secondary Certificate Examination marksheet issuance re-examination result cancellation

Amol Bhaskar Sulakhe v. The State of Maharashtra & Ors.

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

The Bombay High Court quashed the FIR under Sections 504 and 506 IPC for lack of prima facie offence but allowed other charges related to wrongful occupation to proceed to trial in a family business dispute.

criminal appeal_allowed Significant Section 482 CrPC quashing of FIR Section 504 IPC Section 506 IPC

Rajeev Ruia v. Mahesh Vennalakanti

01 Apr 2024 · B. P. Colabawalla; M. M. Sathaye

The Bombay High Court upheld the Family Court's finding that the husband is the sole owner of the jointly registered flat, rejecting the wife's son's belated claim of 50% ownership under the Benami Transactions Act due to lack of pleadings and evidence.

family appeal_dismissed Significant Benami Transactions (Prohibition) Act, 1988 Hindu Marriage Act, 1955 ownership of property judicial separation

The Indian Express (P) Ltd. and Ors. v. Ganesh Gopinath Rane

01 Apr 2024 · Sandeep V. Marne

The Bombay High Court set aside the Industrial Court's interim stay on a promotion and transfer order, holding that absent prima facie malafide, transfer orders under express transfer liability cannot be interfered with.

labor appeal_allowed Significant transfer liability promotion and transfer malafide in transfer industrial court interim stay

Jilajeet Satyanarayan Pandey & Ors. v. Chandrabali Rajnarayan Shukla & Ors.

30 Mar 2024 · Sandeep V. Marne · 2024 SCC Online Bom 2544

The Bombay High Court partly allowed the revision to modify an eviction decree based on bonafide requirement, ordering partial eviction where only one of the landlord's sons continued to need the premises.

civil appeal_allowed Significant bonafide requirement eviction tenancy agreement Maharashtra Rent Control Act

Sneha Sunil Patil v. Suhel Shaukat Shaikh

28 Mar 2024 · A. S. Chandurkar; Jitendra Jain

The Bombay High Court partly allowed the motor accident claim appeal, enhancing compensation by considering actual salary components, increasing future prospects, and awarding loss of domestic services to the legal heirs.

civil appeal_allowed Significant Motor Vehicles Act, 1988 compensation income tax return salary certificate

Godrej and Boyce Manufacturing Company Ltd. Interio Division v. Shivkranti Kamgar Sanghatana

28 Mar 2024 · Amit Borkar
Cites 0 · Cited by 1

The Bombay High Court upheld the Industrial Tribunal's finding that certain employees performing manual and skilled work belong to the definition of 'workman' under Section 2(s) of the Industrial Disputes Act, dismissing the writ petition challenging their status.

labor appeal_dismissed Significant workman definition Industrial Disputes Act 1947 Section 2(s) supervisory duties

MFE Formwork Technology SDN.BHD. v. Deputy Commissioner of Income Tax

28 Mar 2024 · K. R. Shriram; Dr. Neela Gokhale

The Bombay High Court quashed reopening notices issued under Section 148 of the Income Tax Act for AY 2016-17, holding that reopening based solely on a set-aside Section 263 order and change of opinion is impermissible and lacks jurisdiction.

tax petition_allowed Significant Reopening of assessment Section 148 Income Tax Act Change of opinion Dependent Agent Permanent Establishment

The Administrator Nashik, City and Industrial Development Corporation of Maharashtra Ltd. v. Sham Nariman Dumasia and Ors.

28 Mar 2024 · Milind N. Jadhav

The Bombay High Court upheld the order directing the petitioner to pay enhanced compensation with interest for land acquired in 1982-83, dismissed the delayed review application, and ordered disbursement to claimants except those not entitled by law.

property appeal_dismissed Significant land acquisition compensation interest on delayed payment Land Acquisition Act, 1894