High Court of Bombay

5,061 judgments

Year:

Parubai Chintaman Pasalkar & Ors. v. Deputy Collector (Rehabilitation), Pune & Ors.

24 Jan 2024 · G. S. Kulkarni; Kishore C. Sant

The Bombay High Court held that penalties imposed under Section 21(4) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 are punitive and do not entitle project affected persons to compensation from such fines.

administrative petition_dismissed Significant Maharashtra Project Affected Persons Rehabilitation Act, 1999 Section 21 penalty project affected persons penal provision

New Manoday Co-operative Housing Society Limited v. State of Maharashtra

24 Jan 2024 · Sandeep V. Marne
Cites 1 · Cited by 0

The court held that pendency of a title suit cannot bar unilateral deemed conveyance under MOFA nor justify deregistration of a cooperative society after decades, emphasizing limited jurisdiction of authorities and the need for timely statutory action.

civil appeal_allowed Significant unilateral deemed conveyance Maharashtra Ownership Flats Act Section 11 MOFA cooperative housing society

ND’S Art World Private Limited v. Additional Commissioner of Income Tax (OSD) (OT & WT) & Ors.

24 Jan 2024 · M. S. Sonak; Jitendra Jain

The Bombay High Court held that only the CBDT or its authorized members can validly pass orders condoning delay under Section 119(2)(b) of the Income Tax Act, and quashed an order passed by an Additional Commissioner without proper delegation.

tax appeal_allowed Significant condonation of delay Section 119(2)(b) Income Tax Act, 1961 Central Board of Direct Taxes

Ambadas Devram Chavan v. The State of Maharashtra

22 Jan 2024 · M. S. Karnik
Cites 1 · Cited by 0

The High Court acquitted the appellant of corruption charges due to failure of the prosecution to prove demand and acceptance of illegal gratification beyond reasonable doubt.

criminal appeal_allowed Significant Prevention of Corruption Act, 1988 Section 7 Section 13(1)(d) Section 20

Mehandi Kasim Jenul Abidin Shaikh v. The State of Maharashtra

22 Jan 2024 · Revati Mohite Dere; Manjusha Deshpande
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction and life sentence of a baba for sexually assaulting six minor girls over several years, affirming the sufficiency of victim and medical evidence and clarifying the meaning of life imprisonment.

criminal appeal_dismissed Significant sexual assault minor victims life imprisonment false implication

K.I.P.L. Vistacore Infra Projects J.V. v. Municipal Corporation of the city of Ichalkarnji

22 Jan 2024 · Bharati Dangre
Cites 3 · Cited by 0

The Bombay High Court held that the power to extend the mandate and substitute arbitrators under Section 29-A of the Arbitration Act lies with the court that appointed the arbitrator, typically the High Court, not the Principal Civil Court.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 29-A Section 11 Court definition

Ashok Kumar Goel & Vyoman India Private Limited v. EbixCash Limited & Ors

22 Jan 2024 · Arif S. Doctor

The Bombay High Court held that an Emergency Arbitrator's decision is an interim order not enforceable under Part II, allowing a Section 9 petition for interim relief in an international commercial arbitration seated in Singapore, emphasizing party autonomy and rejecting exclusion of Section 9 absent clear agreement.

commercial_arbitration appeal_allowed Significant Emergency Arbitrator Section 9 Arbitration Act Interim relief International commercial arbitration

Oriental Aromatics Limited v. Poonam D. Bhatiya

19 Jan 2024 · Abhay Ahuja

In a summary suit for recovery of dues based on invoices and delivery challans, the Bombay High Court held that absence of substantial defence and admissions of liability disentitle the defendant from leave to defend, granting summary judgment to the plaintiff.

civil appeal_allowed Significant summary suit Order 37 CPC written contract invoices

Shrikant Balasao Patil & Ors. v. State Co-operative Election Authority & Ors.

19 Jan 2024 · A. S. Chandurkar; Jitendra Jain

The Bombay High Court held that a person empanelled as auditor but never appointed auditor of a specific society is not disqualified from being Returning Officer under Rule 76-B, dismissing the petition challenging such appointment.

administrative petition_dismissed Significant Returning Officer Maharashtra Co-operative Societies Act, 1960 Rule 76-B Auditor disqualification

Bata India Limited v. Bindiya Co-operative Housing Society Limited

19 Jan 2024 · Sharmila U. Deshmukh
Cites 2 · Cited by 1

The Court held that mesne profits application following an eviction decree with inquiry direction is not barred by limitation and upheld the quantum based on valuation, modifying only the area for computation.

civil appeal_dismissed Significant mesne profits limitation Order XX Rule 12 CPC eviction suit

Yashwant Anna Bhoir v. State of Maharashtra

19 Jan 2024 · G. S. Kulkarni; Arif S. Doctor

The Bombay High Court held that granting Occupation Certificates without adequate sewerage infrastructure violates constitutional and environmental laws, directing remedial action to stop sewage pollution and uphold citizens' rights.

administrative other Significant Occupation Certificate Sewerage Infrastructure Environmental Clearance Polluter Pays Principle

Rajaram Banderao Kulkarni v. State of Maharashtra

18 Jan 2024 · M. S. Karnik · 2024:BHC-AS:2765
Cites 2 · Cited by 0

The Bombay High Court allowed the appeal and acquitted the accused, holding that investigation by an unauthorized officer under Section 17 of the Prevention of Corruption Act, 1988 is illegal and vitiates the trial.

criminal appeal_allowed Significant Prevention of Corruption Act, 1988 Section 17 PC Act investigation authorization illegal investigation

Amarlal Hasomal Lalwani v. The State of Maharashtra

18 Jan 2024 · Anuja Prabhudessai; N. R. Borkar

The Bombay High Court quashed a delayed and stale FIR under Section 498A IPC for cruelty, holding that unexplained delay and absence of prima facie offence justify invoking inherent powers under Section 482 Cr.P.C. to prevent abuse of process.

criminal appeal_allowed Significant Section 482 CrPC Section 498A IPC quashing of FIR inordinate delay

Anita Dominic D'Souza & Ors. v. Shaikh Abdul Rauf

18 Jan 2024 · Rajesh S. Patil
Cites 1 · Cited by 0

The High Court dismissed the landlord's interim application seeking market rent deposit during pendency of a revision challenging dismissal of eviction suit, holding such direction is impermissible absent an eviction decree.

civil petition_dismissed Significant eviction decree market rent deposit stay of eviction Civil Revision Application

Indus Tower Limited v. Gram Panchayat Tanang

18 Jan 2024 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court quashed the Gram Panchayat's arbitrary revocation of a No Objection Certificate for mobile tower installation, emphasizing the need for natural justice and scientific evidence before restricting telecommunication infrastructure.

administrative appeal_allowed Significant No Objection Certificate Gram Panchayat mobile tower installation electromagnetic radiation

Mahesh Panjabrao Andhale v. The State of Maharashtra

17 Jan 2024 · M. S. Karnik

The High Court discharged the landlord accused under Section 3 of the PITA Act due to lack of prima facie material showing knowledge or wilful participation in the use of his premises as a brothel.

criminal appeal_allowed Significant Immoral Traffic (Prevention) Act Section 3 PITA Act brothel liability landlord criminal liability

M/s. Edunetwork Private Limited v. The Regional Provident Fund

17 Jan 2024 · A. S. Gadkari; Shyam C. Chandak

The Bombay High Court quashed an FIR for alleged EPF misappropriation for non-compliance with mandatory inquiry under Section 7A of the EPF Act and procedural safeguards for start-ups.

criminal petition_allowed Significant Employees Provident Fund Act Section 7A inquiry Start-Up India Action Plan quashing of FIR

Sopan Trambak Wani v. Director of Town Planning, Maharashtra State & Ors.

17 Jan 2024 · A. S. Gadkari; Kamal Khata

The Bombay High Court held that failure by authorities to acquire reserved land within the statutory period under the MRTP Act results in lapsing of reservation, entitling the landowner to develop the property.

property petition_allowed Significant Maharashtra Regional and Town Planning Act, 1966 Section 126 MRTP Act Section 127 MRTP Act land reservation lapsing

Anirudh Arun Bhandarkar & Ors. v. The State of Maharashtra & Ors.

16 Jan 2024 · Anuja Prabhudessai; N. R. Borkar

The Bombay High Court quashed the FIR under Section 306 IPC against the applicants, holding that mere allegations of harassment without evidence of proximate instigation do not constitute abetment of suicide.

criminal petition_allowed Significant abetment of suicide Section 306 IPC mens rea instigation

Samrat Span Realties v. The Registrar of Firms, Pune

16 Jan 2024 · A.S. Chandurkar; Jitendra Jain

The Bombay High Court held that expulsion of a partner constitutes a change in the firm's constitution that must be recorded by the Registrar of Firms, and disputes over expulsion are to be resolved by courts, not the Registrar.

civil appeal_allowed Significant Indian Partnership Act, 1932 expulsion of partner change in constitution Registrar of Firms