Bombay High Court judgments

Bombay High Court sets aside an arbitration award that denied redevelopment compensation based on equity, ruling that arbitrators under Section 28(2) of the Arbitration Act must adhere strictly to express contract terms. The court reinstated the petitioners' entitlement to corpus fund and monthly displacement compensation from March 2018, reinforcing the primacy of contractual clauses over equitable considerations in arbitration.

Bombay High Court rules that garnishee proceedings under CPC Order XXI Rule 46 require a subsisting debt at the time of attachment. A debt written off before the decree cannot be attached, even if the write-off was strategically timed to defeat execution. The ruling clarifies that judgment creditors must prove the debt's existence at the execution stage, not merely at the time of loan advancement.

Bombay High Court rules that workmen who are not parties to a private settlement under the Industrial Disputes Act cannot unilaterally claim interim wage relief without adhering to the settlement's reciprocal obligations. The court emphasized that settlements are holistic packages, and financial capacity alone does not entitle non-signatories to benefits. This sets a precedent for balanced enforcement of industrial settlements.

Bombay High Court quashes prosecution of directors under the FSS Act, ruling that vicarious liability requires specific allegations of active involvement in daily operations. The judgment clarifies that mere directorship without proof of control does not establish criminal liability, impacting food safety compliance for corporate directors.

Bombay High Court quashes criminal proceedings against a director who resigned before the alleged tax evasion period, holding that uncontroverted resignation documents must be accepted at the prima facie stage. The ruling clarifies that mere ownership of company land or nominal directorship is insufficient to establish liability under the Bombay Sales Tax Act.

Bombay High Court rules that Debt Recovery Appellate Tribunals cannot reject stay applications on grounds of non-deposit without first adjudicating pending exemption requests. The ruling reinforces natural justice principles, ensuring borrowers retain interim protection during appeal proceedings.

Bombay High Court rules that tribunals must award lumpsum compensation for pain, suffering, and medical expenses in motor accident claims under Section 166, even without detailed evidence, if the injury is medically verified. The judgment clarifies that Lok Adalat compromises cannot override statutory entitlements, ensuring equitable justice for victims.

Bombay High Court clarifies that EPF authorities must record reasoned findings on delay, closure, and settlement before imposing damages under Section 14B, even if willful default is not required. The ruling remands the case for fresh adjudication, emphasizing procedural fairness in employer liability assessments.

Bombay High Court rules that once probate is granted with proper notice to all heirs and caveats are withdrawn, subsequent Letters of Administration De-Bonis-Non under Section 259 of the Indian Succession Act do not require fresh citation. The judgment reinforces the finality of probate proceedings and reduces procedural burdens for legal representatives dealing with unadministered estates.

Bombay High Court rules that jurisdiction for writ petitions challenging orders of appellate authorities lies with the High Court where the appellate authority is seated, not where the original dispute arose. This binding precedent clarifies forum selection for litigants under constitutional writ remedies, impacting territorial jurisdiction strategies in multi-district disputes.

Bombay High Court rules that criminal prosecution under Section 85(g) of the ESI Act requires proof of deliberate default, not mere failure to re-produce already verified records. Employers cannot be penalized for non-compliance with repeated verification demands unless a fresh statutory violation is established.

Bombay High Court rules that a life convict's unexplained 111-day parole overstay, without medical proof, warrants temporary removal from the remission register. The decision underscores strict compliance with prison rules for remission eligibility, impacting convicts seeking early release.

Bombay High Court rules that a dissenting member of a cooperative society who refuses to sign a development agreement cannot be compelled into arbitration, even if the society executed a Permanent Alternate Accommodation Agreement (PAAA). The court clarifies that arbitration clauses bind only signatories, protecting individual members' consent rights in redevelopment disputes.

Bombay High Court rules that termination due to prolonged ill health, even if work-related, falls under the retrenchment exception under Section 2(oo)(c) of the Industrial Disputes Act. Employers need not conduct a domestic inquiry, and VRS applications do not override termination unless formally accepted.

Bombay High Court rules that GST registration cancellation without assigning reasons breaches principles of natural justice, mandating tax authorities to issue reasoned orders. The judgment reinforces procedural fairness in administrative actions, impacting businesses and tax practitioners across India.

Bombay High Court rules that even registered documents require proof of execution through an attesting witness under Section 68 of the Evidence Act if execution is specifically denied. This holding reinforces the burden of proof in property disputes, ensuring fraudulent claims are scrutinized regardless of registration.

Bombay HC Nagpur Bench rules that denying compassionate appointment to married daughters solely on marital status violates constitutional principles of non-discrimination. The judgment mandates reconsideration of applications without bias, reinforcing gender equality in public employment.

Bombay High Court rules that pension and retiral benefits cannot be withheld due to pending litigation over back wages, reinforcing retirees' statutory entitlements. The judgment clarifies that disputes over back wages are distinct from pensionary benefits, ensuring immediate disbursal upon retirement.

Bombay High Court clarifies that a domestic violence victim's employment income, such as honorarium from Anganwadi work, does not disqualify her from claiming monetary relief under the Protection of Women from Domestic Violence Act. The ruling reinforces that compensation is based on losses suffered, not the victim's financial independence.

Bombay High Court holds that selling pharmaceuticals under a wound-up company's name constitutes contempt of court and poses grave public health risks. The court directed impleadment of the ex-COO and appointed an amicus curiae to address unauthorized trade mark use and regulatory violations.

Bombay High Court rules that authorities cannot demolish structures while a regularisation application is pending, ensuring procedural fairness and protection of housing rights under Articles 14 and 21. The court mandated timely disposal of such applications within eight weeks, preventing coercive action until adjudication.

Bombay High Court directs judicial monitoring of heritage courthouse restoration, mandating completion within six months under PIL oversight. The ruling establishes a precedent for judicial intervention in preserving heritage judicial infrastructure, emphasizing the state’s duty to maintain functional and historic court premises.

Bombay High Court rules that the limitation period for arbitration petitions is determined by the date of e-filing payment, not physical submission. This precedent ensures procedural certainty for digital filings, impacting commercial arbitration timelines and e-filing compliance for litigants.

The Bombay High Court, Nagpur Bench, ruled that under Section 84 of the Multi-State Co-operative Societies Act, 2002, a co-operative society must initiate arbitration before auctioning mortgaged collateral to recover defaulted loans. The court stayed the auction notice issued by Buldhana Urban Co-operative Credit Society, emphasizing procedural compliance and protecting borrowers' rights against unilateral enforcement actions.