High Court of Bombay
5,131 judgments
Devike Constructions and Developers Pvt. Ltd. v. Dilip Vengsarkar Foundation
The Bombay High Court held that a non-signatory petitioner company cannot invoke arbitration under an MOU to which it is not a party, dismissing the petition for lack of privity and consent.
Veena Estate Pvt. Ltd. v. Commissioner of Income-Tax, Mumbai City-IX
The Bombay High Court held that a technical defect in a penalty notice under Section 271(1)(c) of the Income-tax Act cannot vitiate penalty proceedings at the appellate stage without the assessee proving prejudice, distinguishing the Ventura Textile Ltd. decision.
Mumbai- 400 012 v. U/s. 84 of the Multi State Co-0perative Societies Act
The Bombay High Court held that the MSMED Act Notification dated 29 May 2015 is a non-binding guideline and non-compliance thereof does not invalidate NPA classification or SARFAESI recovery proceedings against MSMEs.
Dr. Balabhai Nanavati Hospital v. Ashoka Shetty
The Bombay High Court upheld the Labour Court's finding that an employee performing primarily manual and operational duties with limited supervisory oversight qualifies as a 'workman' under the Industrial Disputes Act, dismissing the employer's writ petition challenging this status.
Vitthal Rama Pawar v. Deputy Collector (Acquisition) Raigad-Alibag
The Bombay High Court held that land acquisition Awards passed without applying a valid multiplier factor notification under the 2013 Act and beyond the statutory 12-month period are invalid, quashing the Awards and directing fresh proceedings.
Satish Buba Shetty v. Inspector General of Registration and Collector of Stamps
The Bombay High Court allowed refund of stamp duty despite delayed cancellation of sale agreement, applying equitable principles to relieve the petitioner from strict statutory time limits due to impossibility of performance caused by developer's default and prolonged legal proceedings.
Nazim Abdul Rehman Shaikh v. The State of Maharashtra
The Bombay High Court acquitted the appellant due to material discrepancies in prosecution evidence and held that the benefit of doubt must be given where guilt is not proved beyond reasonable doubt.
Rachana Kamlesh Shahani v. Sunshine Financial Services & Ors.
The Bombay High Court dismissed the petition for appointment of an arbitrator under Section 11 of the Arbitration Act, holding that no valid arbitration agreement existed between the parties.
Hyundai Construction Equipment India Pvt Ltd v. M/s. Saumya Mining Limited
The Bombay High Court dismissed the petition for appointment of an arbitrator, holding that exclusive jurisdiction lies with the Kolkata High Court where the earliest application under the Arbitration Act was filed, notwithstanding the arbitration venue clause specifying Pune.
Ajmera Enterprises v. Dilipkumar Rameshchandra Patel
The Bombay High Court upheld eviction of a tenant on ground of non-user, holding that a suit filed by some co-owners of an Association of Persons is maintainable and absence of electricity supply for over six months establishes non-user under Maharashtra Rent Control Act.
Kalpataru Projects International Ltd. v. Municipal Corporation of Greater Mumbai
The Bombay High Court held that the modified Clause 96 of the contract did not constitute a valid arbitration agreement, dismissing the application for appointment of an arbitrator.
Kyoorius Communications Private Limited v. Datalink Multi Trading Private Limited and ors.
The Bombay High Court allowed the plaintiff's interim application to amend the plaint to correct a clerical error in the annexed loan agreement interest rate, holding that such amendments should be permitted unless they cause irreparable prejudice to the opposing party.
Raosaheb Murlidhar Ahire and Anr. v. The State of Maharashtra and Anr.
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.
Mumbai Metropolitan Region Development Authority v. Union of India
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.
Uma Satish Vairat & Ors. v. Sangita Tanaji Nanavare & Ors.
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.
Himalay Manohar Patil v. The State of Maharashtra & Ors.
The Bombay High Court quashed the termination of a contractor's license for disproportionate and unreasonable administrative action taken without hearing or relevant grounds.
Om Vishwashanti CHS v. Mumbai Municipal Corporation
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.
Aditya Birla Housing Finance Ltd. v. Axis Bank Limited & Ors.
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.
Surjit Singh Arora v. Slum Rehabilitation Authority
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.
Arvind Sethi v. Union of India
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.