High Court of Bombay
5,131 judgments
Kotak Mahindra Bank Ltd v. The State of Maharashtra
The Bombay High Court held that insolvency proceedings against personal guarantors must be heard by the NCLT where insolvency proceedings against the principal corporate debtor are pending, setting aside the DRT's order and directing transfer of proceedings to the NCLT.
Kinjal Jayesh Mehta v. Disha Jimit Sanghvi
The Bombay High Court held that a married sister-in-law residing separately in her own matrimonial house does not have a domestic relationship with the aggrieved person under the D.V. Act and cannot be made a respondent in a domestic violence application.
Raviprakash Chaturdeo Patel v. The State of Maharashtra & Ors.
The Bombay High Court held that CIDCO was not obligated to accept the highest bid in its e-tender and that its rejection of the petitioner's bid was neither arbitrary nor unfair, dismissing the writ petition.
Shivraj Nagar Co-op. Hsg. Soc. Ltd. v. Mextech Realty Pvt. Ltd.
The Bombay High Court held that the statutory restriction on shareholding under Section 28 of the Maharashtra Co-operative Societies Act does not apply to housing societies governed by Chapter XIII-B, and dismissed the petition challenging membership conferment to a company purchasing multiple bungalows.
Ashok Chaganlal Thakkar v. National Faceless Assessment Centre
The Bombay High Court held that rural agricultural land classification under Section 2(14)(iii) does not require actual agricultural activity and remanded the matter for fresh assessment after proper verification of evidence and mandatory personal hearing.
Maharashtra State Road Transport Corporation v. Dastagir Naalsab Mulani
The Bombay High Court held that the disciplinary authority lacked power under the original Regulation 7 to impose cumulative effect on penalties of withholding increments or reduction of pay, dismissing the MSRTC's writ petitions challenging Labour Court orders.
Nusli N. Wadia; Maureen N. Wadia; Rajesh Batra v. Bastion Constructions
The Bombay High Court dismissed the application to admit additional evidence at the appellate stage in a specific performance suit, holding that possession is ancillary and the application was an abuse of process intended to delay the decree.
Ashish Namdeo Sonkamble v. State of Maharashtra
The High Court allowed the writ petition, holding that a litigant's reliance on an absent Advocate constitutes sufficient cause to condone delay and restore a dismissed application before the Administrative Tribunal.
Shendra Advisory Services P. Ltd. v. The Deputy Commissioner of Income Tax
The Bombay High Court held that share premium received on issuance of shares is a capital receipt not taxable as income under the Income Tax Act, and non-compliance with Companies Act provisions does not convert it into taxable income.
Ceat Limited v. Commissioner of Income Tax, Bombay, City IV
The Bombay High Court held that interest under Section 244A(1)(a) of the Income Tax Act is payable on the entire refund amount from the first day of the assessment year if the refund exceeds 10% of the tax determined on regular assessment, rejecting the Department's attempt to apply the proviso selectively to refund components.
M/s. Sesa Sterlite Ltd. v. State of Maharashtra
The Bombay High Court dismissed the writ petition challenging MIDC's lawful termination of lease agreements for industrial plots due to non-commencement of activities and abandonment of the project despite a stop work order.
Leena Dashrath Gavkar v. The State of Maharashtra
The Bombay High Court upheld bail granted to the accused in a matrimonial dispute, holding that bail cancellation requires cogent reasons beyond factual disputes and no such grounds existed here.
Nikheelchandra Anil Zode v. State of Maharashtra & Ors.
The Bombay High Court quashed an FIR alleging offences under Sections 186, 342, 353, 498A, and 506 IPC in a matrimonial dispute, holding that the allegations did not prima facie constitute any offence and continuing investigation would be an abuse of process.
The State of Maharashtra v. Dr. Anil Pinto
The High Court upheld the conviction of a surgeon for criminal medical negligence under Section 304A IPC, emphasizing the requirement of gross negligence and applying the Bolam test to assess professional conduct.
Hashim Abdul Razak v. State of Maharashtra
The Bombay High Court reversed the acquittal under Section 138 NI Act, holding that authorization of a company representative can be proved by affidavit and certified true copies without producing originals if no timely objection is raised.
Niranjan Sanjay Gotarane v. Commissioner of Police, Pimpri Chinchwad & Ors.
The Bombay High Court quashed a preventive detention order due to unexplained delay in deciding the detainee's representation, violating Article 22(5) constitutional safeguards.
Rajuram Sawaji Purohit v. The Shandar Interior Private Ltd.
The Bombay High Court set aside an arbitral award dismissing a refund claim on limitation grounds, holding that time spent prosecuting a bona fide winding-up petition before the wrong forum is excluded under Section 14(1) of the Limitation Act.
Nienke Leida Hulshof v. The State of Maharashtra & Ors.
The Bombay High Court allowed a writ petition directing the return of a minor Dutch child to her mother in the Netherlands, emphasizing the child's best interest over foreign custody orders and illegal detention in India.
Janaki Suresh v. Union of India & Ors.
The Bombay High Court appointed the petitioner wife as legal guardian of her comatose husband under its writ jurisdiction, filling a legal vacuum in guardianship laws for medically incapacitated adults.
Bharat Pukhraj Chaudhary v. The State of Maharashtra
The Bombay High Court held that failure to communicate the grounds of arrest in writing violates Article 22(1) of the Constitution, rendering the arrest illegal and entitling the accused to bail.