High Court of Bombay

5,061 judgments

Year:

Raosaheb Murlidhar Ahire and Anr. v. The State of Maharashtra and Anr.

10 Jan 2024 · M. S. Karnik
Cites 0 · Cited by 2

The High Court quashed criminal process against applicants in a dispute essentially civil in nature, holding such proceedings to be an abuse of the Court's process.

criminal appeal_allowed Significant abuse of process issuance of process criminal complaint civil dispute

Mumbai Metropolitan Region Development Authority v. Union of India

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

The Bombay High Court allowed the MMRDA's writ petition permitting construction of Metro Line-5 involving limited mangrove cutting, holding that requisite environmental and forest clearances with conditions justify proceeding in public interest.

administrative petition_allowed Significant Metro Line-5 construction mangrove cutting forest land diversion environmental clearance

Uma Satish Vairat & Ors. v. Sangita Tanaji Nanavare & Ors.

10 Jan 2024 · Shivkumar Dige

The High Court held that an Insurance Company cannot be exonerated from liability based on untested police statements and directed it to pay compensation in a fatal motor accident claim.

civil appeal_allowed Significant Insurance Company liability Hire and reward Motor Accident Claims Tribunal Police statement admissibility

Himalay Manohar Patil v. The State of Maharashtra & Ors.

10 Jan 2024 · M. S. Sonak; Kamal Khata

The Bombay High Court quashed the termination of a contractor's license for disproportionate and unreasonable administrative action taken without hearing or relevant grounds.

administrative appeal_allowed Significant contractor license termination natural justice Wednesbury principle proportionality

Om Vishwashanti CHS v. Mumbai Municipal Corporation

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

The Bombay High Court dismissed a writ petition challenging the termination of a developer and refusal to sanction building plans in a slum rehabilitation project, holding that such private contractual disputes are not amenable to writ jurisdiction.

administrative petition_dismissed Significant Article 226 writ petition slum rehabilitation developer termination

Aditya Birla Housing Finance Ltd. v. Axis Bank Limited & Ors.

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

The Bombay High Court granted interim relief under Section 9 of the Arbitration Act directing Axis Bank to deposit and retain title deeds to preserve the subject matter of arbitration despite Axis Bank not being a party to the arbitration agreement.

commercial_arbitration petition_allowed Significant Section 9 Arbitration Act interim measures third party relief title deeds

Surjit Singh Arora v. Slum Rehabilitation Authority

09 Jan 2024 · Milind N. Jadhav
Cites 0 · Cited by 4

The Bombay High Court upheld the termination of a developer’s appointment for inordinate delay and breaches under the Maharashtra Slum Areas Act, emphasizing the authority’s power to ensure timely slum rehabilitation.

administrative appeal_dismissed Significant Slum Rehabilitation Authority Section 13(2) Maharashtra Slum Areas Act Developer termination Inordinate delay

Arvind Sethi v. Union of India

09 Jan 2024 · M. S. Karnik

The Bombay High Court discharged the accused bank official from criminal charges due to lack of prima facie evidence of active involvement despite procedural lapses in loan sanctioning.

criminal appeal_allowed Significant discharge application criminal conspiracy cheating prevention of corruption

The Pashmina Co-operative Housing Society Ltd. v. Latif Mohamed Hassambhoy & Ors.

09 Jan 2024 · Anuja Prabhudessai

The Bombay High Court allowed the appeal, holding that restrictive covenants limiting construction height are enforceable only if they secure beneficial enjoyment of adjoining property, and dismissed the suit for failure to prove such harm.

civil appeal_allowed Significant restrictive covenant transfer of property beneficial enjoyment mandatory injunction

General Motors Employees Union v. General Motors India Private Limited

09 Jan 2024 · Milind N. Jadhav
Cites 6 · Cited by 0

The Bombay High Court upheld the Industrial Tribunal's Award permitting General Motors India to close its Talegaon plant, holding that timelines under Section 25-O are directory and substantial accumulated losses justify closure.

labor appeal_dismissed Significant Section 25-O Industrial Disputes Act Closure of industrial establishment Accumulated losses Industrial Tribunal Award

Central Bureau of Investigation v. R. Bhuvaneswari & Anr.

09 Jan 2024 · M. S. Karnik · 2024:BHC-AS:1518

The High Court held that sanction for prosecution once refused by the competent authority on given materials cannot be reconsidered without fresh evidence, and accordingly upheld discharge of accused for lack of valid sanction.

criminal appeal_dismissed Significant sanction for prosecution Section 19 Prevention of Corruption Act prior sanction discharge application

Elster Instromet B.V. v. Mrunal Gandhi

08 Jan 2024 · Bharati Dangre
Cites 1 · Cited by 0

The Bombay High Court upheld an arbitral injunction enforcing a non-compete clause against a joint venturer and its affiliates, applying partnership principles to sustain obligations beyond the contract term.

commercial appeal_dismissed Significant Joint Venture Agreement Non-compete clause Partnership principles Arbitral Tribunal injunction

Dilip Rangnath Nalwad v. The State of Maharashtra

08 Jan 2024 · A. S. Chandurkar; Jitendra Jain
Cites 0 · Cited by 2

The Bombay High Court held that limitation for filing an Original Application before the Administrative Tribunal must be calculated from the last representation and set aside the Tribunal's dismissal on limitation grounds, remitting the matter for merits consideration.

administrative appeal_allowed Significant limitation period Administrative Tribunal Act, 1985 representation Original Application

Shrikant Annappa Shinde & Ors. v. Khiraling Basavannappa Shingshetty & Ors.

08 Jan 2024 · Shivkumar Dige

The High Court dismissed the appeal holding that hypothecation of a vehicle with a bank does not shift insurance liability to the bank, and the vehicle owner remains liable for compensation.

civil appeal_dismissed motor accident claim age of deceased hypothecation insurance liability

Nandkishor Eknath Kothawade v. State of Maharashtra

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

The High Court held that once a Magistrate takes cognizance and examines the complainant under Section 200 Cr.P.C., ordering investigation under Section 156(3) Cr.P.C. and registration of FIR is illegal and quashed the impugned order and FIR.

criminal petition_allowed Significant Section 482 Cr.P.C. Section 200 Cr.P.C. Section 156(3) Cr.P.C. Section 202 Cr.P.C.

Ashwini Kumar Sharma v. The State of Maharashtra

08 Jan 2024 · M. S. Karnik

The Bombay High Court allowed a physically disabled accused to attend the pronouncement of judgment via video conferencing, balancing procedural requirements with the accused’s medical condition.

criminal petition_allowed Significant Section 353 CrPC video conferencing physical disability pronouncement of judgment

Zeba Mohasin Pathan v. The State of Maharashtra

05 Jan 2024 · Dr. Neela Gokhale

The Bombay High Court held that under the DV Act, a mother-in-law can file a complaint against her daughter-in-law, but the father and brother of the daughter-in-law do not fall within the Act's definition of 'respondent' and thus the complaint against them is not maintainable.

family appeal_allowed Significant Protection of Women from Domestic Violence Act, 2005 domestic relationship aggrieved person respondent

Rajeev Kumar Damodarprasad Bhadani & Ors. v. The Executive Engineer, Maharashtra State Electricity Distribution Company Limited & Ors.

05 Jan 2024 · B.P. Colabawalla; Somasekhar Sundaresan
Cites 0 · Cited by 2

The Bombay High Court held that MSEDCL's possession of land for an electricity sub-station without complying with land acquisition laws and paying compensation is unlawful, and electricity regulations do not override land acquisition statutes.

administrative appeal_allowed Significant land acquisition possession receipt compensation Electricity Act, 2003

Santosh Kantilal Kharva v. The State of Maharashtra

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

The Bombay High Court reduced the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, applying Exception 4 to Section 300 IPC for a killing in a sudden fight without premeditation.

criminal appeal_allowed Significant Section 302 IPC Section 304 Part II IPC Exception 4 to Section 300 IPC sudden fight

wp17582023 4fb309b3

05 Jan 2024 · Sharmila U. Deshmukh

The High Court held that eviction orders under Section 81-B of the Maharashtra Municipal Corporation Act require a reasoned quasi-judicial inquiry with evidence and fresh show-cause notice, setting aside unreasoned orders based on invalid notices.

administrative appeal_allowed Significant Maharashtra Municipal Corporation Act Section 81-B eviction quasi-judicial inquiry