High Court of Bombay

4,240 judgments

Year:

Rachana Kamlesh Shahani v. Sunshine Financial Services & Ors.

11 Jan 2024 · Dr. Neela Gokhale

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.

civil petition_dismissed arbitration agreement Section 11 Arbitration Act partnership deed consent to arbitration

Hyundai Construction Equipment India Pvt Ltd v. M/s. Saumya Mining Limited

11 Jan 2024 · Dr. Neela Gokhale

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.

civil petition_dismissed Significant Arbitration & Conciliation Act, 1996 Section 11 Section 42 jurisdiction

Ajmera Enterprises v. Dilipkumar Rameshchandra Patel

11 Jan 2024 · Rajesh S. Patil

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.

civil appeal_dismissed Significant eviction non-user Association of Persons co-owner

Kalpataru Projects International Ltd. v. Municipal Corporation of Greater Mumbai

10 Jan 2024 · Firdosh P. Pooniwalla

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.

civil appeal_dismissed Significant Arbitration Agreement Clause 96 GCC Final and Binding Decision Intention to Arbitrate

Kyoorius Communications Private Limited v. Datalink Multi Trading Private Limited and ors.

10 Jan 2024 · Abhay Ahuja

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.

civil petition_allowed amendment of plaint clerical error loan agreement interest rate

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

10 Jan 2024 · M. S. Karnik

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

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.