High Court of Bombay

5,061 judgments

Year:

Dattatray Gopal Mhatre v. Neerabai Tukaram Mhatre

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

The Bombay High Court dismissed the second appeal upholding that no partition occurred between mother and daughter and that the registered Will executed by the mother was invalid due to unexplained suspicious circumstances, thereby affirming the plaintiff's sole ownership and possession of the suit properties.

civil appeal_dismissed Significant Mutation Entry Partition Validity of Will Suspicious Circumstances

Mangala Sarosh Bana v. Renuka alias Rekha Satish Narwankar

03 Jan 2024 · Milind N. Jadhav

The Bombay High Court dismissed the application seeking modification of its order granting Letters of Administration with Will annexed, holding that prior consent to equal distribution cannot be retracted without error or fraud.

family petition_dismissed testamentary petition probate letters of administration consent affidavit

Vinayak Uttam Hirave v. Ideal College of Law & Ors.

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

The Bombay High Court allowed a law student's petition to complete his LL.B. course, holding that a belated eligibility objection by the University after admission and substantial course completion is unsustainable.

administrative petition_allowed Significant eligibility criteria law course admission common eligibility examination Ordinance O.5078

Anita Sudam Ahire v. The State of Maharashtra and Anr.

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

The High Court quashed the complaint against the second wife and her father for offences under Section 494 read with Section 109 IPC, holding that mere solemnisation of a second marriage without specific allegations of abetment does not constitute an offence.

criminal petition_allowed Significant Section 494 IPC bigamy Section 109 IPC abetment

Ashish Bharat Jadhav v. The State of Maharashtra

03 Jan 2024 · Revati Mohite Dere; Manjusha Deshpande

The High Court acquitted appellants of murder and related charges due to failure of prosecution to prove guilt beyond reasonable doubt, highlighting unreliability of eyewitness testimony and doubtful recovery evidence.

criminal appeal_allowed Significant Section 302 IPC Eyewitness testimony Benefit of doubt Recovery of weapon

Mahesh Vinayak Patil v. The State of Maharashtra

03 Jan 2024 · M. S. Karnik

The Bombay High Court held that customers found with victims in brothels cannot be prosecuted under Sections 3 to 5 of the PITA and allowed discharge of the accused in absence of sufficient incriminating material.

criminal appeal_allowed Significant Section 227 CrPC Immoral Traffic (Prevention) Act Section 370 IPC customer liability

Vijay Lakhi; Chandra Sabhani; Suresh Nichani; Ramesh Khushlani v. Minister of Co-operation; Divisional Joint Registrar; District Deputy Registrar; Purshottam Bhagwan CHS Ltd.; Dinesh Bhavani; Anil Bhatija Bhavani; Jairam Mulchandani; Haresh Udasi; Delishi

03 Jan 2024 · Amit Borkar, J.
Cites 1 · Cited by 1

The Bombay High Court upheld the Registrar's dissolution of a cooperative society's managing committee due to loss of quorum, clarified the prospective effect of a government resolution on quorum, and emphasized that appointment of authorised officers under Section 77A is a last resort requiring procedural safeguards.

administrative petition_dismissed Significant Section 77A Maharashtra Co-operative Societies Act managing committee dissolution quorum in cooperative societies appointment of authorised officer

Bhupendra Villa Premises Co-operative Society Limited v. The Union of India

02 Jan 2024 · A. S. Chandurkar; Firdosh P. Pooniwalla

The Bombay High Court held that a 999-year lease confers ownership rights over buildings constructed by lessees, and the Railway's refusal to grant redevelopment permission was arbitrary and unlawful, directing issuance of the NOC subject to compliance with original building lines.

administrative appeal_allowed Significant 999 years lease redevelopment No Objection Certificate ownership of building

Rohit Dembiwal v. Tata Consultancy Services Ltd. & Ors.

02 Jan 2024 · Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court upheld the dismissal of a writ petition challenging the classification of an IT Analyst as a supervisory employee, ruling he was not a 'workman' under labor laws and affirming the lawful termination by the employer.

labor petition_dismissed Significant workman definition Industrial Disputes Act 1947 MRTU and PULP Act supervisory role

Khalil Abbas Fakir v. Tabbasum Khalil Fakir @ Tabbasum Gulam Husain Ghare & Anr.

02 Jan 2024 · Rajesh S. Patil

The Bombay High Court held that a divorced Muslim wife's entitlement to reasonable and fair maintenance under Section 3(1)(a) of the MWPA Act is not extinguished by remarriage and upheld the lump sum maintenance awarded against the husband.

family appeal_dismissed Significant Muslim Women (Protection of Rights on Divorce) Act, 1986 Section 3(1)(a) maintenance reasonable and fair provision

Signpost India Private Limited v. Brihan Mumbai Electric Supply and Transport Undertaking

02 Jan 2024 · Sandeep V. Marne

The Bombay High Court dismissed the petition challenging the arbitral award that rejected the petitioner's rebate claims and upheld the respondent's counterclaims for interest, RTO fees, and defacement charges, affirming the tribunal's contract interpretation and award.

civil petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 challenge Rebate for damaged buses Contract interpretation

Bank of Baroda v. Anil D. Ambani & Ors.

02 Jan 2024 · Shree Chandrashekhar, CJ; Gautam A. Ankhad, J.
Cites 2 · Cited by 0

The Bombay High Court upheld an interim injunction restraining banks from acting on an invalid forensic audit report prepared by unqualified auditors, emphasizing strict compliance with RBI Master Directions and statutory auditor qualifications.

civil appeal_dismissed Significant Forensic Audit Report RBI Master Directions Companies Act 2013 Chartered Accountant qualification

Priyanka Abhijeet Deodhare v. State of Maharashtra

01 Jan 2024 · Sandeep V. Marne

Failure to furnish a copy of the requisition for a no-confidence motion to the Sarpanch under Rule 2(2) of the Maharashtra No Confidence Motion Rules does not invalidate a validly adopted motion passed by the requisite majority.

administrative petition_dismissed Significant no-confidence motion Maharashtra Village Panchayats Act, 1959 Rule 2(2) No Confidence Motion Rules 1975 mandatory vs directory provisions

M/s Sky One Corporate Park LLP & Ors. v. Shobha Rasiklal Dhariwal & Anr.

31 Dec 2023 · SOMASEKHAR SUNDARESAN

The Bombay High Court held that execution proceedings under a Consent Decree are not arbitrable and dismissed the petition challenging the rejection of a belated Section 8 application seeking reference to arbitration.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 8 application Execution proceedings Consent Decree

Tata Communications Limited v. Union of India & Ors.

23 Dec 2023 · Sandeep V. Marne

The Bombay High Court held that recognition by the employer is not required for a registered trade union's office bearers to be conferred 'protected workmen' status under Section 33 of the Industrial Disputes Act, dismissing Tata Communications Limited's challenge to the Regional Labour Commissioner's order.

labor appeal_dismissed Significant protected workmen Industrial Disputes Act, 1947 Section 33 Rule 61

Atlanta Limited v. Anil R. Agarwal & Ors.

22 Dec 2023 · Milind N. Jadhav

The Bombay High Court allowed the Plaintiff's application to set aside abatement and condoned delay in impleading legal heirs of deceased Defendant No. 1, emphasizing liberal construction of 'sufficient cause' to advance substantial justice.

civil appeal_allowed Significant abatement condonation of delay sufficient cause legal heirs

The Administrative Officer (School) Municipal Mahanagar Palika v. Bhujgonda K. Kamble

22 Dec 2023 · Milind N. Jadhav

The Bombay High Court upheld the Labour Court's award reinstating a daily wage worker who completed over 240 days of continuous service, ruling his termination without compliance with Section 25-F Industrial Disputes Act as illegal.

labor petition_dismissed Significant continuous service 240 days rule Section 25-F Industrial Disputes Act permanency

Harshad Jivanrao Mundkar v. State of Maharashtra

22 Dec 2023 · Revati Mohite Dere; Gauri Godse · 2023:BHC-AS:39025-DB

The Bombay High Court upheld a preventive detention order under the MPDA Act based on in-camera statements and contemporaneous incidents, rejecting challenges of delay, illegible documents, and absence of public order threat.

criminal petition_dismissed Significant preventive detention MPDA Act in-camera statements public order

Amit Madhukar Bhogale v. State of Maharashtra

22 Dec 2023 · M. S. Karnik
Cites 1 · Cited by 0

The Bombay High Court held that invocation of MCOCA after filing the IPC charge-sheet does not revive the right to default bail under Section 167(2) Cr.P.C. as the investigation under MCOCA is a continuation, not a new investigation.

criminal petition_dismissed Significant default bail Section 167(2) Cr.P.C. MCOCA continuation of investigation

Sanil Sreekumar v. The Union of India

22 Dec 2023 · Revati Mohite Dere; Gauri Godse
Cites 1 · Cited by 0

The Bombay High Court allowed the writ petition directing the repatriation of a US citizen minor child to the USA, holding that the mother's unilateral refusal to return with the child amounted to illegal detention, emphasizing the child's best interest as paramount.

family petition_allowed Significant Habeas Corpus Child Custody Best Interest of Child Illegal Detention