High Court of Bombay

5,131 judgments

Year:

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

Kaushal Arvind Thakker v. Jyoti Kaushal Thakker

22 Mar 2024 · Sharmila U. Deshmukh

The Bombay High Court upheld the applicability of the DV Act to foreign citizens with past domestic relationship, dismissed the revision petition challenging reliefs granted for domestic violence including maintenance, compensation, and return of stridhan.

family appeal_dismissed Significant Protection of Women from Domestic Violence Act, 2005 domestic relationship extraterritorial jurisdiction maintenance

Kirloskar Pneumatic Company Ltd v. Kataria Sales Corporation

21 Mar 2024 · Bharati Dangre

The Bombay High Court held that after arbitration proceedings have commenced upon initial invocation, a fresh notice under Section 21 is not required to seek appointment of an arbitrator under Section 11(6), even if the prior award was set aside due to unilateral appointment.

commercial_arbitration appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 11(6) Section 21 Appointment of arbitrator

Indian Overseas Bank v. Deputy Commissioner of State Tax

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

The Bombay High Court held that a secured creditor with a prior registered security interest under the SARFAESI Act has priority over statutory tax charges under the MVAT Act, quashing attachment orders by tax authorities that interfered with enforcement of the mortgage.

civil petition_allowed Significant SARFAESI Act Section 26-E MVAT Act Section 37

Mast. Gaurav Sonawane v. National Testing Agency

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

The Bombay High Court dismissed the writ petition challenging JEE (Main) results, holding that no re-evaluation is permissible absent statutory provision and the petitioner’s grievance was time-barred.

constitutional petition_dismissed Significant re-evaluation JEE Main examination results Information Bulletin

Rajesh Chandrakant Shingade v. The State of Maharashtra

21 Mar 2024 · Milind N. Jadhav
Cites 0 · Cited by 2

The Bombay High Court held that an Election Petition electronically filed within limitation with curable procedural defects is validly filed, and subsequent physical filing beyond limitation does not negate this, allowing the petitions to proceed.

civil appeal_allowed Significant Election Petition Limitation period Electronic filing E-filing defects

Dattatraya R. Karale v. Shekhar Balasaheb Genbhau

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

The Bombay High Court upheld the Tribunal’s quashing of a police officer’s transfer for violating the ECI’s election-related transfer exemption and statutory tenure protections under the Maharashtra Police Act.

administrative appeal_dismissed Significant Maharashtra Police Act 1951 Section 22N Election Commission of India Circular 2023 Police transfer

Jitendra @ Tiger Umaji Pawar v. Commissioner of Police, Thane

20 Mar 2024 · A. S. Gadkari; Shyam C. Chandak
Cites 0 · Cited by 3

The Bombay High Court quashed a preventive detention order for failure to supply all materials forming the grounds of detention, violating the petitioner’s right under Article 22(5) of the Constitution.

constitutional petition_allowed Significant preventive detention Article 22(5) Constitution of India grounds of detention communication of grounds

Barkya @ Vishwas Ananda Patil v. The State of Maharashtra

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

The High Court acquitted the appellant of kidnapping and murder charges due to failure of the prosecution to prove a complete and conclusive chain of circumstantial evidence beyond reasonable doubt.

criminal appeal_allowed Significant circumstantial evidence murder kidnapping last seen together

Jeevanjyoti Kaur Bansal v. Kulvinder Singh Bansal

20 Mar 2024 · Sharmila U. Deshmukh

The High Court held that the Supreme Court's mandate for filing affidavits of assets and liabilities applies only at the interim maintenance stage and not at the appellate stage challenging final DV Act orders, quashing the Sessions Court's direction for affidavit filing on appeal.

criminal petition_allowed Significant Protection of Women from Domestic Violence Act affidavit of disclosure interim maintenance final adjudication

Executive Engineer National Highway Division v. Sanjay Shankar Surve

20 Mar 2024 · SOMASEKHAR SUNDARESAN

The Bombay High Court dismissed the application for condonation of delay in filing an arbitration appeal, emphasizing strict adherence to limitation periods and rejecting false explanations by a government agency.

civil appeal_dismissed Significant condonation of delay Arbitration and Conciliation Act, 1996 limitation period Section 37 appeal

K.K.B. Properties v. Official Assignee

19 Mar 2024 · Abhay Ahuja

The Bombay High Court upheld the validity of property transfers made within two years prior to insolvency adjudication, holding that bona fide transactions for valuable consideration without notice of insolvency are protected under Sections 55 and 57 of the Presidency Towns Insolvency Act.

civil appeal_dismissed Significant Insolvency Act Section 55 Section 57 bona fide purchaser

Dinesh Babulal Sanghavi & Ors. v. Union of India & Ors.

19 Mar 2024 · G. S. Patel; Kamal Khata
Cites 0 · Cited by 9

The Bombay High Court quashed Western Railways' arbitrary refusal to lease land for road widening, holding it violated Articles 14 and 21 by perpetuating a public safety hazard.

constitutional petition_allowed Significant Article 21 Article 14 Wednesbury unreasonableness Doctrine of proportionality

Nitin Gorakhnath Sartape v. The State of Maharashtra

19 Mar 2024 · Revati Mohite Dere; Gauri Godse
Cites 1 · Cited by 0

The Bombay High Court upheld convictions of police and civilians for conspiracy, abduction, and murder in a staged fake encounter, affirming the sufficiency of circumstantial evidence including CDRs and witness testimonies.

criminal appeal_dismissed Significant fake encounter abduction conspiracy Call Detail Records