High Court of Bombay

5,131 judgments

Year:

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

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 4

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