Bombay High Court judgments

Bombay High Court ruled that a disciplinary suspension must end after three months if no charge-sheet or reasoned order is served, ordering the reinstatement of two senior academicians. The decision enforces the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 and the 2025 State resolution, affecting all government employees facing suspension.

The Bombay High Court clarifies the scope of Section 12-A of the Commercial Courts Act, holding that urgent interim relief must be genuinely pleaded to bypass pre-institution mediation.

The Bombay High Court ruled that proceeds from selling flats in a completed real-estate project are capital gains, not business income, because the seller’s intent was investment and the holding period was long. Hence, tax authorities must prove a trade-like activity, and developers will be taxed only on capital gains.

Appointments of arbitrators made unilaterally before the 23 Oct 2015 amendment are not void, provided the arbitration agreement either names the arbitrator or permits one party to appoint. Only appointments lacking any contractual basis are set aside. This clarifies the enforceability of older arbitral clauses for parties and courts handling award execution.

The Bombay High Court set aside a one-year blacklisting of a contractor because the municipal corporation failed to issue a specific show-cause notice, breaching natural-justice norms. The ruling obliges public bodies to afford bidders a hearing before imposing blacklist penalties, safeguarding procedural fairness for all prospective contractors.

The Bombay High Court held that cosmetic changes to an infringing trademark-like altering font or colour-do not meet Order XXXIX Rule 2A CPC standards for an interim injunction. Thus, only substantive cessation of the infringing use avoids contempt and civil imprisonment.

Bombay HC affirmed the May 2026 notification barring sugar exports, holding that no vested right or legitimate expectation arises from a temporary export policy. The ruling keeps the export ban in force, affecting all domestic sugar exporters.

The Bombay High Court held that purchasers of assets auctioned under the SARFAESI Act have locus standi to file a writ petition for possession, directing state authorities to enforce the magistrate’s order. The decision empowers auction buyers to obtain physical possession directly, without relying on the secured creditor’s enforcement.

Bombay HC rejected interim relief in a HUF property dispute, citing suppression of material facts and unresolved limitation issues, while noting the plaintiff failed to establish prima facie HUF character of the properties.

Bombay HC rules that secured creditors under SARFAESI Act retain priority over tax dues if tax authorities fail to register their charge with CERSAI, affirming banks' rights in asset recovery disputes. Decision applies even to pre-2020 tax attachments, citing Jalgaon Janta Sahakari Bank precedent.

Bombay HC (Aurangabad Bench) grants interim anticipatory bail to a man facing BNS and POCSO charges, citing unexplained FIR delay and counter-blast allegations. The court protects liberty till final hearing, imposing PR bond of ₹15,000 with conditions.

Bombay HC dismisses contempt petition against insurer for non-payment of pension, ruling that employees must independently prove eligibility under the pension scheme even after a favorable judgment. The ruling clarifies that contempt jurisdiction cannot be invoked solely for non-compliance with prior orders without establishing entitlement.

Bombay High Court (Aurangabad Bench) quashed a non-bailable warrant against an accused for a single-day absence, ruling that issuance without exhausting alternatives under BNS 528 breaches personal liberty. The court emphasized strict compliance with statutory safeguards and precedents on inherent powers to quash warrants.

Bombay High Court (Aurangabad Bench) denied anticipatory bail to an Assistant Revenue Officer in a Rs. 310.20 Crore land acquisition fraud case, stressing custodial interrogation for effective investigation under Bharatiya Nyaya Sanhita and Prevention of Corruption Act. The ruling underscores the court's stance on fraudulent award disbursements and the necessity of custodial probes in high-stakes corruption matters.

Bombay HC clarifies that offences under FSSA attracting up to seven years' imprisonment trigger Section 35(3) BNSS compliance for anticipatory bail. Applicants must attend police stations per written notice or face arrest, subject to next hearing on 11 August 2026.

Bombay High Court held auction purchasers under IBC are liable for property tax only from the sale certificate date, not prior periods. This protects purchasers from pre-CIRP municipal dues and ensures municipal corporations cannot demand historical tax from new owners.

Bombay HC rules Mira-Bhayandar Municipal Corporation must reimburse Rs. 3.37 crore for erecting a COVID-19 center despite technical defects in the agreement. The ruling underscores municipal liability for public health obligations even where procedural flaws exist in contractual execution.

Bombay HC rules Maharashtra's blanket prohibition on new B.Pharmacy/D.Pharmacy colleges violates constitutional limits, citing PCI approvals and Supreme Court precedent. Interim relief granted for 2026-27 admissions, allowing approved institutions to proceed.

Bombay HC ruled that insurers must pay enhanced compensation of ₹3.17L even if the driver’s license is invalid but can recover the amount from the vehicle owner under Section 149(2) of the MV Act. This clarifies insurer liability and owner accountability in accident claims.

The Bombay High Court (Aurangabad Bench) ruled that interest on land acquisition compensation accrues from the date of the award under Section 11, not the notification date under Section 4(1). This aligns with the Full Bench decision in State of Maharashtra v. Kailash Shiva Rangari, impacting pending and future land acquisition disputes in Maharashtra.

Bombay HC rejects non-teaching staff claim for two additional increments under GR 30/04/1984, holding the classification between teachers and non-teaching staff as reasonable under Article 226. The ruling clarifies that the policy benefits under the GR are limited to teachers only.

Bombay HC rejects review plea challenging compensation calculation under the Employees Compensation Act, 1923, affirming that actual wages must be considered post-2009 amendment despite a government notification imposing a cap. The ruling clarifies that the 2009 amendment removed the deeming cap on monthly wages, extending compensation based on actual earnings.

Bombay HC (Aurangabad Bench) set aside dismissal of a motor accident claim, applying contributory negligence to reduce compensation by 50%. The claimant, with 41% permanent disability, received Rs. 1,32,677 plus 9% interest despite initial dismissal due to self-negligence allegations.

Bombay High Court (Aurangabad Bench) quashed an FIR under BNS Section 69 after parties amicably settled personal disputes, aligning with the Supreme Court's approach in Madhukar. The ruling reinforces Section 482 CrPC's role in quashing FIRs where compromise is genuine and not coercive.