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J. K. Industries v. Krishna Sahal & Ors.
The Bombay High Court held that under Section 244 of the Income Tax Act, 1961, an assessee is entitled to interest on the refund of interest paid under Section 220(2), including interest on refunded interest for assessment years prior to 1989.
M/s. Shri Tirthankar Co. v. Adyaprasad Hingoo Mishra & Ors.
The Bombay High Court modified the trial court’s decree on adverse possession to reflect actual possession of 38 sq. meters as per a Court Receiver’s report, relying on its appellate powers under Order XLI CPC.
Anand Prabhakar Joshi v. Bank of Maharashtra
The Bombay High Court dismissed the petitioner’s second review petition as barred by law, upheld the disciplinary findings of unauthorized absence, and imposed exemplary costs for abuse of process.
MMTC Ltd v. P. K. Das & Ors.
The Delhi High Court upheld that recovery of long-standing excess perks paid to retired senior executives sanctioned by the employer's Board is impermissible and violates Article 14, dismissing MMTC's appeal.
The Commissioner of Sales Tax, Maharashtra State v. M/s Superphone India Ltd
The Bombay High Court held that interlocutory part payment orders under the Bombay Sales Tax Act do not attain finality if unchallenged and can be questioned in appeals against summary rejection orders, affirming the appellate authority's power to modify such orders.
M.B.K. Enterprises & Ors. v. Saidpur Jute Co. Ltd & Ors.
The court upheld eviction of tenants for unlawful subletting beyond permitted limits and unauthorized structural alterations, affirming that sub-lessees cannot further sublet without express lease permission under the Bombay Rent Act.
Raghu Dasma Ghadaga v. Project Officer, Dapchari Dugdha Prakalpa
The Bombay High Court dismissed the petition seeking permanency benefits for temporary workers at the Dapchari Milk Project, holding that without sanctioned posts and following closure of the relevant project section, no right to permanency arises.
BSES Rajdhani Power Ltd. v. D.P. Sharma
An employee who avails voluntary retirement under SVRS on a reduced pay scale cannot later claim retrospective enhancement of pay or benefits subsumed within the SVRS package.
Modern Mumbai Educational Academy v. Mrs. Mangal Pravin P. Kalbhor
The Bombay High Court upheld the School Tribunal's order setting aside a termination for procedural violations under Rule 36 of MEPS Rules, emphasizing the necessity of fair inquiry and the doctrine of necessity to avoid bias where the President was related to the accused.
Smt Usha Devi v. Union of India and Anr
The Delhi High Court held that dismissal for habitual unauthorized absence does not bar grant of compassionate allowance under Rule 41 of the CCS (Pension) Rules if the misconduct does not involve moral turpitude or dishonesty, and directed grant of allowance to the petitioner widow.
Director, Employees' State Insurance Corporation v. M/s. Jolly Steel Industries Pvt. Ltd.
The Bombay High Court held that under Section 93-A of the ESI Act, a factory owner is not liable for contribution payments for periods after leasing out the factory, dismissing the ESIC's appeal against M/s. Jolly Steel Industries Pvt. Ltd.
Suryakant Tarachand Bhatewara & Ors. v. State of Maharashtra & Ors.
The Bombay High Court upheld the validity of land acquisition awards for the Neera Deodhar Project, directed payment of balance compensation with interest, and ordered initiation of acquisition proceedings for remaining land under the Fair Compensation Act.
Rangrao Mahadu Pethkar v. Sadashiv Maruti Vibhute & Ors.
The Bombay High Court upheld the termination of tenancy and restoration of possession to landlords where the tenant defaulted on rent for three years with proper notices under the Maharashtra Tenancy and Agricultural Lands Act, 1948, rejecting the tenant’s claim of deemed purchase and non-service of termination notice.
Reliance Industries Limited v. Commissioner of Income-tax Mumbai City-VI
The Bombay High Court held that assessment orders passed against non-existent amalgamating companies post-merger are void ab initio and framed a substantial question of law on jurisdiction, permitting additional evidence to determine the Assessing Officer's knowledge of the merger.
Satyawati Sudhir Joshi v. State of Maharashtra & Ors.
The Bombay High Court held that continuous service including temporary appointments followed by confirmation, with condoned breaks, qualifies for pension benefits despite absence of formal de-reservation orders, directing the State to grant pension from 1993.
A.ES ENGINEERS PRIVATE LIMITED v. UGRO CAPITAL LIMITED & ANR.
The Delhi High Court dismissed the petition seeking appointment of arbitrators under the MSA as the petitioner was not a party to that agreement, holding that disputes between the petitioner and respondent No.1 are governed solely by the FA with arbitration seat at Kolkata.
Seal International Limited v. The Board of Trustees of the Port of Bombay
The Bombay High Court held that admitted documents and their contents under Order XII Rule 2-A CPC are deemed proved without further proof, establishing appellant's ownership and directing refund of illegally auctioned goods' sale proceeds.
The Cosmos Co. Operative Bank Ltd. v. Central Bank of India & Ors.
The Supreme Court held that an unregistered agreement of sale does not create a valid mortgage and affirmed the priority of the Central Bank's earlier mortgage over the appellant bank's subsequent mortgage.
M/s. Patil Roadlines and Ors. v. Bharat Petroleum Corporation Limited
The Bombay High Court upheld the constitutional validity of reservation and concession provisions for SC/ST and MSE bidders in BPCL's tender, dismissing the petition challenging the same as barred by estoppel and consistent with affirmative action under Article 46.
Tukaram Sadashiv Mane v. The Chairman, The Mumbai Port Trust
The Bombay High Court upheld the fairness of departmental enquiry against a Station Master but substituted his dismissal with compulsory retirement, holding the original punishment disproportionate given mitigating factors.