High Court of Bombay

5,131 judgments

Year:

Kunal Kamra v. Union of India

31 Jan 2024 · A. S. Gadkari; Dr. Neela Gokhale

The Bombay High Court struck down the 2023 amendment to IT intermediary guidelines as unconstitutional for violating fundamental rights and exceeding statutory authority.

constitutional appeal_allowed Significant Information Technology Rules 2021 Intermediary Guidelines Constitutional validity Article 14

Shri Satishkumar Sukhlal Valmiki Chaudhary v. The State of Maharashtra

30 Jan 2024 · A.S. Chandurkar; Jitendra Jain
Cites 1 · Cited by 0

The Bombay High Court upheld the rejection of a late application for correction of date of birth in the service book, holding that Rule 38(2) bars alterations after five years unless due to clerical error or mistake by others.

administrative petition_dismissed date of birth correction service book Maharashtra Civil Services Rules 1981 Rule 38

Sivadasan Kunju Nair v. State of Maharashtra

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

The Bombay High Court quashed a criminal case under the Essential Commodities Act against a company after the Collector exonerated it in adjudication proceedings, holding that prosecution would be an abuse of process.

criminal petition_allowed Significant Essential Commodities Act, 1955 quashing of criminal case adjudication proceeding abuse of process

Shri Shailesh Vishwanath Jambhale v. The General Manager, State Bank of India & Ors.

30 Jan 2024 · A. S. Chandurkar; Jitendra Jain
Cites 0 · Cited by 12

The Bombay High Court quashed the inclusion of an advocate’s name on the banking sector 'Caution List' for alleged negligence in title reports, holding that the bank’s procedural lapses cannot be shifted to the advocate absent fraud or criminal conduct.

civil petition_allowed Significant Caution List Search and Title Report Professional negligence Bank guidelines

Madhuri Bharat Upadhey v. State of Maharashtra

29 Jan 2024 · M. S. Karnik

The Bombay High Court held that only the Management of a private school is competent to grant sanction for prosecution under the Prevention of Corruption Act, and sanction granted by the Director of Education without Management's approval is invalid, leading to discharge of the accused.

criminal appeal_allowed Significant sanction for prosecution Prevention of Corruption Act Section 19(1)(c) Maharashtra Employees of Private Schools Act

Association for Protection of Civil Rights v. The Municipal Corporation of the City of Thane

29 Jan 2024 · Devendra Kumar Upadhyaya; Arif S. Doctor

The Bombay High Court directed the Thane Municipal Corporation to operationalize a public hospital ensuring free medical services to the poor under its own resolution, while upholding its policy decision to run the hospital on a PPP model.

constitutional petition_allowed Significant Public Interest Litigation Municipal Corporation Public Health Right to Life

Nainesh Sanghvi v. The State of Maharashtra

29 Jan 2024 · Amit Borkar

An Authorised Officer replaced under Section 88 of the Maharashtra Cooperative Societies Act loses authority to submit reports, and any such unauthorized report and consequent recovery certificate are invalid.

administrative appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 Section 88 Authorised Officer Replacement of officer

The Commissioner, Solapur Municipal Corporation v. M/s. S.M.C.-G.E.C.P. Ltd (J.V.)

29 Jan 2024 · Sandeep V. Marne
Cites 4 · Cited by 0

The Bombay High Court upheld the arbitral award setting aside penalties, termination, and blacklisting of the contractor, holding that the Municipal Corporation was responsible for delays and the award was not perverse or illegal.

civil appeal_dismissed Significant Arbitral Award Section 34 Arbitration Act Delay in Contract Execution Penalty Imposition

Mrs. Moti Dinshaw Irani & Mr. Jehangir Dinshaw Irani v. Mr. Phiroze Aspandiar Irani & Ors.

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

The Court held that a suit challenging an alleged compromise before a decree is passed is maintainable and set aside the Trial Court's dismissal under Order XXIII Rule 3A CPC for lack of jurisdiction.

civil appeal_allowed Significant Order XXIII Rule 3A CPC compromise decree jurisdiction to entertain suit Section 9A CPC

Novex Communications Pvt Ltd v. Trade Wings Hotesl Limited

24 Jan 2024 · R.I. Chagla

The Bombay High Court held that copyright owners or assignees can license their own works and seek injunctions without being registered as copyright societies under Section 33(1) of the Copyright Act, 1957.

intellectual_property appeal_allowed Significant Copyright Act, 1957 Section 33(1) Section 30 Copyright Society

Pooja Patil v. Deputy Commissioner

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

The Bombay High Court quashed a service tax demand against an individual advocate, holding that the tax authority acted without jurisdiction and violated natural justice by ignoring binding exemption notifications.

tax petition_allowed Significant service tax advocate exemption Finance Act 1994 Central Goods and Services Tax Act 2017

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