High Court of Bombay

4,240 judgments

Year:

M/s. Ramky Infrastructure Ltd. v. The State of Maharashtra

28 Mar 2024 · B. P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court quashed penalty and royalty imposed under Section 48(7) of the Maharashtra Land Revenue Code on earth excavated during a public sewerage project, holding that reuse of excavated earth on the same plot without commercial exploitation does not attract royalty liability.

administrative appeal_allowed Significant Section 48(7) Maharashtra Land Revenue Code royalty on excavated earth public works project commercial exploitation

Dentsu Network Advertising Private Limited v. Conceptual Pictures Worldwide Pvt. Ltd.

28 Mar 2024 · Advait M. Sethna

The Bombay High Court appointed a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate disputes arising from a purchase order containing an arbitration clause, leaving the question of non-signatory joinder to the arbitral tribunal.

commercial_arbitration appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 11 application Appointment of arbitrator Arbitration agreement

Pankaj Madaan v. HealthAssure Private Limited

28 Mar 2024 · SOMASEKHAR SUNDARESAN

The Bombay High Court appointed a sole arbitrator under Section 11(5) of the Arbitration Act despite a procedural error in the application, rejecting the Respondent's delay tactics and ordering costs.

commercial_arbitration appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 11(5) Section 11(6) Section 10(2)

Messe Frankfurt Trade Fairs India Pvt. Ltd. v. Netlink Solutions India Limited

28 Mar 2024 · Sandeep V. Marne

The Bombay High Court dismissed the petition seeking interim injunction under Section 9 of the Arbitration Act for breach of non-compete clauses due to petitioner’s delay, suppression of material documents, and insufficient evidence of respondents’ involvement.

civil petition_dismissed Significant Section 9 Arbitration Act non-compete clause interim injunction Asset Purchase Agreement

Manas Shelters Pvt. Ltd. v. Vivek Madhavlal Pittie

27 Mar 2024 · Manish Pitale

The Bombay High Court vacated a nine-year-old interim injunction in a redevelopment dispute, holding that the plaintiff failed to demonstrate continued readiness and willingness to perform the development agreement, justifying relief under Order XXXIX, Rule 4 CPC.

civil appeal_allowed Significant interim injunction Order XXXIX Rule 4 CPC continued readiness and willingness specific performance

wp1042021 3b4b6c46

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

The Bombay High Court quashed the FIR under Sections 498-A, 306, 323, 504, and 34 IPC for lack of prima facie case, holding that mere harassment without proximate instigation does not constitute abetment of suicide.

criminal appeal_allowed Significant Section 306 IPC Abetment of suicide Section 498-A IPC Cruelty

Telex Advertising Pvt Ltd v. Central Railway

27 Mar 2024 · Bharati Dangre

The Bombay High Court upheld the validity of arbitration appointment clauses providing for arbitrators from panels of serving or retired Railway officers, clarifying their eligibility under Section 12(5) of the Arbitration Act and emphasizing adherence to contractual and statutory procedures for appointment.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 12(5) independence and impartiality appointment of arbitrator

Prajakta Rajendra Kuchekar v. The State of Maharashtra

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

The Bombay High Court dismissed the writ petition challenging the Tribunal's order, holding that a candidate cannot claim reservation benefits under a category-specific option not applicable to her and that merit-based selection prevails.

administrative petition_dismissed reservation female category NT-C category merit-based selection

Irfan Gafur Khot v. Ramesh Mahadev Bandal

27 Mar 2024 · Amit Borkar

The Bombay High Court held that once the Returning Officer declares election results by form E-17 under the 2014 Rules, he becomes functus officio and cannot modify the result, directing aggrieved candidates to seek remedy via election petitions under Section 91 of the Maharashtra Co-operative Societies Act.

administrative petition_dismissed Significant Returning Officer functus officio Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 form E-17

Dattatray Maruti Bansude & Ors. v. State of Maharashtra & Ors.

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

The Bombay High Court upheld the quashing of a Government Resolution that sought to absorb candidates beyond advertised vacancies in PSI recruitment, affirming that LDCE-2016 is a promotional exercise and recruitment beyond notified posts violates constitutional provisions.

administrative appeal_dismissed Significant Limited Departmental Competitive Examination Police Sub-Inspector recruitment reservation in promotion Articles 14 and 16

Shankar Chhana Vasava; Ashwin Ramnaresh Sinh; Chetan Makan Patel; Avdesh Sampat Yadav v. The State (Union Territory) Dadra and Nagar Haveli

26 Mar 2024 · S. M. Modak
Cites 0 · Cited by 2

The Bombay High Court allowed revision and acquitted four accused, holding that the prosecution failed to prove assault beyond reasonable doubt due to improper appreciation of evidence, unexplained FIR delay, and non-examination of corroborative witnesses.

criminal appeal_allowed Significant revisional jurisdiction appreciation of evidence sole eyewitness testimony burden of proof

Latha Mahalingam v. Central Bureau of Investigation

26 Mar 2024 · M. S. Karnik

The High Court allowed the appellant's appeal for release of seized and invested funds not linked to the offence, holding the trial Court was not functus officio and directing refund subject to bond.

criminal appeal_allowed Significant seized property section 452 CrPC functus officio release of frozen bank accounts

Dinesh Ganesh Indre and Others v. State of Maharashtra

26 Mar 2024 · N. J. Jamadar

The Bombay High Court held that refusal of sanction under MCOCA terminates the extended investigation period, and an application for default bail filed thereafter vests an indefeasible right in the accused, which cannot be defeated by pendency of the application or subsequent charge-sheet filing.

criminal appeal_allowed Significant default bail Section 167(2) CrPC MCOCA sanction under Section 23(2) MCOCA

Kailash Kashinathrao Pawar v. State of Maharashtra

26 Mar 2024 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court held that pendency of departmental enquiry or criminal proceedings cannot arbitrarily deny an in-service medical officer's fundamental right to pursue higher education and directed issuance of No Objection Certificate for NEET PG.

constitutional appeal_allowed Significant right to education Article 21 No Objection Certificate departmental enquiry

Mrs. Shabana Iqbal Shaikh v. The Commissioner of Police, Pune City & Ors.

26 Mar 2024 · A.S. Gadkari; Shyam C. Chandak

The Bombay High Court quashed a preventive detention order due to unexplained delay in considering the detenue's representation, violating Article 22(5) of the Constitution.

constitutional petition_allowed Significant preventive detention Article 22(5) representation delay constitutional mandate

Krishna Mahadu Gasti v. Mahesh Shamrao Deshmukh

26 Mar 2024 · Gauri Godse

The Bombay High Court held that the School Tribunal lacked jurisdiction to decide seniority disputes absent prior adjudication by the Education Officer and upheld the promotion of petitioner no. 1 based on an undisputed seniority list under MEPS Rules.

labor appeal_allowed Significant MEPS Act MEPS Rules Section 9 jurisdiction inter se seniority

Rohit Vishnu Gaikwad v. State of Maharashtra and Maharashtra Public Service Commission

26 Mar 2024 · Nitin Jamdar; M. M. Sathaye
Cites 1 · Cited by 0

The Bombay High Court upheld the MPSC's guideline restricting scribes' qualifications to one step below the candidate's minimum qualification, affirming the balance between reasonable accommodation and examination integrity.

administrative petition_dismissed Significant reasonable accommodation scribe qualification Rights of Persons with Disabilities Act 2016 one step below

Glider Buildcon Realtors Pvt Ltd v. State of Maharashtra

22 Mar 2024 · G.S. Patel; Kamal Khata

The Bombay High Court held that executive dispensation of statutory conditions in Development Control Regulations without following the mandatory amendment procedure under the MRTP Act is invalid, upholding the Monitoring Committee's directions enforcing mill redevelopment obligations.

administrative appeal_dismissed Significant Development Control Regulations 1991 Maharashtra Regional Town Planning Act 1966 Section 37 amendment procedure delegated legislation

Ravindra Hemraj Dhangekar v. District Collector Pune & Ors.

22 Mar 2024 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J

The Bombay High Court held that arbitrary cancellation of sanctioned municipal development works without valid reasons violates Article 14 and quashed the impugned Government Resolutions cancelling such works.

constitutional appeal_allowed Significant Article 14 arbitrariness Government Resolutions municipal development works

Sachin Madhavrao Tupe v. State of Maharashtra

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

The Bombay High Court upheld the validity of a suo motu enquiry report under the Maharashtra Co-operative Societies Act initiated on complaints including those by a legal heir, dismissing the petition challenging the enquiry for lack of jurisdiction and prematurity.

administrative petition_dismissed Significant Maharashtra Co-operative Societies Act, 1960 Section 83 suo motu enquiry legal heir membership