Bombay High Court judgments

Bombay High Court reinforces that Labour Courts under Section 11-A of the Industrial Disputes Act must conduct an independent evaluation of evidence, regardless of the fairness of the domestic enquiry. Cumulative circumstantial evidence can suffice to establish misconduct where direct proof is lacking, ensuring substantive justice in disciplinary proceedings.

Bombay High Court rules that once a charge-sheet is filed, an FIR cannot be quashed under Section 482 CrPC merely on suspicion or weak evidence. The trial court must evaluate witness testimony and evidence, shifting the burden to the accused to demonstrate overwhelming proof of innocence. This ruling reinforces the primacy of trial proceedings in criminal cases.

Bombay High Court rules that deliberate nudity in the presence of a woman, with intent to be seen, meets the threshold of 'insult to modesty' under Section 509 IPC. The court refused to quash the FIR, emphasizing that pre-trial mini-trials are impermissible, leaving the matter for trial adjudication.

Bombay High Court upholds an arbitral tribunal's order allowing a partner to be joined as a trustee in arbitration proceedings, clarifying that Section 17 permits such joinder to preserve fairness without affecting legal ownership. The ruling reinforces the flexibility of arbitration proceedings in complex business disputes involving trusts and partnerships.

Bombay HC rules that courts may direct DNA testing to prove infidelity in matrimonial disputes, but relief is barred if the party delays action for seven years or acquiesces. The presumption of legitimacy under Section 112 of the Evidence Act remains inviolable, and coercion is prohibited.

The Bombay High Court quashed NPPA’s demand notices for overpricing, holding that DPCO 2013’s price control regime applies exclusively to drugs explicitly named in Schedule I. This means sustained-release formulations like Glyciphage SR 500 mg are not subject to ceiling prices unless separately listed, creating a major compliance exemption for manufacturers of modified-release drugs and reshaping NPPA’s enforcement approach.

The Bombay HC has ruled that rejecting a teacher's appointment solely for non-compliance with Pavitra Portal or TET requirements-without giving the candidate a chance to rectify the defect-constitutes a breach of natural justice. This sets a critical precedent for all state education departments: procedural irregularities must be curable, not fatal, ensuring fair treatment in public employment.

Bombay High Court rules that while invocation of bank guarantees during arbitration is not barred, payment must be suspended under Section 17 interim orders to balance parties' interests. The ruling clarifies that arbitral tribunals can restrain encashment pending final award, ensuring equitable relief in commercial disputes.

Bombay High Court rules that employers committing unfair labour practices by withholding work without valid cause must compensate employees with full wages, reinforcing worker protections under the MRTU & PULP Act. The judgment underscores that wage entitlement persists even when employees are ready and willing to work, holding employers strictly liable for arbitrary work denial.

Bombay High Court sets aside an EPF Appellate Tribunal order that relied on a Delhi HC judgment later overturned by the Supreme Court. The ruling reinforces that judicial orders based on overruled precedents lack legal validity, impacting employers and EPF authorities under Section 14B of the EPF Act.

Bombay HC Nagpur Bench rules that a transferee in settled possession of tribal land cannot be forcibly dispossessed, even if the transfer agreement is void under Section 36-A of the Maharashtra Land Revenue Code. The ruling reinforces common law protection of possession, impacting land disputes involving tribal and non-tribal parties.

The Bombay High Court ruled that once a corporate insolvency resolution plan is approved under the Insolvency and Bankruptcy Code (IBC), workers cannot pursue independent wage claims before industrial or labour courts. Their remedies are limited to the provisions of the approved resolution plan, reinforcing the overriding effect of Section 238 IBC over other labour laws.

The Bombay High Court ruled that when parties execute a later agreement with a conflicting jurisdiction clause, even in complex multi-party transactions, the most recent intent controls-rendering prior forum selections void. This clarifies that entire agreement clauses in commercial assignments override earlier terms, giving businesses certainty in choosing litigation venues post-negotiation.

The Bombay High Court has ruled that children and relatives can file appeals against maintenance orders under the 2007 Act, and appellate tribunals are obligated to register such appeals if filed within two weeks. This clarifies a critical procedural safeguard for dependents facing financial liability, reinforcing natural justice in senior citizen maintenance proceedings.

The Bombay High Court has held that emotional distress caused by a refusal to marry, without direct encouragement or alarming provocation, cannot satisfy the legal threshold for abetment of suicide under Section 306 IPC. This ruling protects individuals from criminal liability based solely on personal relationship decisions, reinforcing that instigation requires active, coercive conduct - not passive rejection.

Bombay HC rules that a settlement agreement reached through conciliation under statutory guidelines, with the consent of the Adjudicatory Board for Major Ports, is binding on parties even without the Union of India's approval. The judgment clarifies that the Major Port Authorities Act empowers the Board's consent as sufficient for enforceability, streamlining dispute resolution in public-private partnerships.

Bombay High Court refuses leave to appeal in an ACB trap case, ruling that uncorroborated testimony, inconsistent panchanamas, and absence of call detail records (CDR) fail to establish demand beyond reasonable doubt under Sections 7 and 13(1)(d) of the PCA. The judgment reinforces that prosecution must meet a high evidentiary standard, particularly in bribery cases involving public servants.

The Bombay High Court has ruled that a secured creditor who registered its interest with CERSAI before GST dues arose is entitled to priority over tax claims, even when the asset is sold via private treaty after failed auctions. This clarifies that GST authorities cannot impose charges on property already encumbered under SARFAESI, reinforcing the enforceability of secured lending rights in distressed asset recovery.

The Bombay High Court has ruled that the Charity Commissioner cannot compel deletion of the word 'National' from a trust’s name under the Maharashtra Public Trusts Act, as this falls exclusively under the Emblems Act, 1950. The decision reinforces that administrative bodies cannot overreach into emblem regulation and sets a precedent for trusts using nationally significant terms, even after decades of use.

Bombay HC clarifies that the Real Estate (Regulation and Development) Act, 2016 overrides the Maharashtra Ownership Flats Act, 1963, except for deemed conveyance provisions under Sections 5A, 11A, 13B-13D and the Competent Authority's powers. The ruling resolves jurisdictional conflicts between central and state real estate laws, impacting developers, housing societies, and flat owners in Maharashtra.

The Bombay High Court has ruled that a trade union’s right to recover amounts under Section 50 of the MRTU & PULP Act is contingent on explicit written authorization from each affected employee - regardless of prior settlement terms. This sets a critical precedent protecting individual worker autonomy against collective enforcement, impacting all unions seeking mandatory deductions under statutory awards.

The Bombay High Court has ruled that under Section 171 of the Motor Vehicles Act, interest on compensation must accrue from the date the claim application is filed, regardless of delays in paying court fees or resolving procedural objections. This protects claimants from penalization for administrative or financial delays and reinforces the Act’s social welfare intent by ensuring timely compensation is not undermined by technicalities.

The Bombay High Court struck down a two-year externment order for failing to record the authority’s subjective satisfaction on why the full term was necessary, ruling that reliance on stale cases and undisclosed confidential statements violates Article 19(1)(d) and natural justice. This sets a critical precedent for preventive detention orders under state police acts, demanding transparency and individualized reasoning - not just past criminal history.

The Bombay High Court has ruled that mere apprehension of contract termination or financial hardship does not satisfy the high threshold for restraining encashment of bank guarantees under Section 9 of the Arbitration Act. This reinforces that bank guarantees are independent instruments meant to ensure contractual performance, and judicial intervention requires concrete evidence of fraud or irretrievable harm - not speculative claims. Contractors and public authorities alike must now treat guarantees as enforceable security unless exceptional misconduct is proven.