Topic
The Bombay High Court handles civil, criminal, and administrative matters across Maharashtra and Goa, issuing binding judgments on statutory interpretations and constitutional rights under Indian law.
Bombay High Court reinforces that EPF damages under Section 14-B must align with the degree of default and delay, setting aside an Rs.8.27L levy for violating natural justice. The ruling mandates reasoned orders and proportional penalties, impacting employers facing EPF compliance disputes.
Bombay High Court rules that auction purchasers of flats in cooperative housing societies must clear past maintenance dues before admission as members under Section 154B-7 of the Maharashtra Co-operative Societies Act.
Bombay High Court Nagpur Bench strikes down the arbitrary cut-off date for enhanced retirement gratuity under Maharashtra Civil Services Rules, directing payment of differential gratuity to employees retired after January 1, 2016. The ruling reinforces Article 12 protections against unreasonable classification in service benefits.
Bombay High Court holds that employees on ad-hoc contractual tenure are not entitled to maternity benefits under the Maternity Benefit Act, 1961, after their contract expires. The ruling clarifies that the Act's protections do not extend beyond the employment period, impacting contractual workers' rights.
Bombay High Court upholds dismissal under Section 11A of the Industrial Disputes Act for chronic absenteeism without medical proof, overturning a Labour Court's order for 50% backwages. The ruling reinforces that proportional punishment for unauthorized absence does not require reinstatement or full backwages, impacting employer disciplinary actions in service law disputes.
Bombay High Court rules that income tax set-offs for losses under 'Income from House Property' cannot reduce the deceased's business income for motor accident compensation. The ruling ensures higher dependency benefits for claimants by strictly applying MV Act principles over Income Tax Act provisions.
Bombay High Court enhances compensation for a minor in prolonged coma from Rs. 7.04 lakhs to Rs. 44.34 lakhs, recognizing daily medical expenses and loss of consortium. The ruling establishes a benchmark for future claims involving extended vegetative states under the Motor Vehicles Act.
Bombay High Court ruled that lands in Village Parhar Khurd are comparable to Village Dapkeghar, entitling claimants to 12% annual escalation on compensation under Section 23 of the Land Acquisition Act, 1894. The Court enhanced compensation to Rs. 3,13,981 per hectare, emphasizing evidence-based comparability and statutory entitlements for landowners.
Bombay High Court rules that property owners must provide concrete evidence to challenge rateable value assessments under the BPMC Act, shifting the onus away from municipal corporations. The judgment reinforces procedural rigor in property tax appeals, impacting all assessees contesting municipal valuations.
The Bombay High Court ruled that non-teaching staff in aided schools are entitled to second-time Assured Career Progression Scheme (ACPS) benefits retrospectively, striking down a discriminatory government resolution. The court directed compliance within six months, reinforcing equal treatment under service law for all staff categories.
Bombay High Court rules that interim relief under Section 9 of the Arbitration Act must balance competing claims among co-owners, directing equal distribution of redevelopment benefits pending arbitration. The court mandated indemnity bonds to secure the developer's obligations, setting a precedent for equitable interim measures in property disputes.
Bombay High Court clarifies that a dispute under a Leave and License Agreement qualifies as a 'commercial dispute' only if the property is actively used for trade or commerce, not merely intended for such use. The ruling directs plaintiffs to ordinary civil courts if the property was not operational, impacting jurisdiction in commercial property disputes.
Bombay High Court rules that families of government employees who died due to COVID-19 while performing public-facing duties are entitled to Rs. 50 lakh ex-gratia compensation, regardless of uncommunicated orders. The Court also directed reconsideration of compassionate appointments, reinforcing that procedural lapses cannot deny statutory benefits.
Bombay High Court rules that land acquisition proceedings under the Right to Fair Compensation Act 2013 lapse if neither possession is taken nor compensation paid by the cut-off date of 01.01.2014, entitling landowners to compensation under the new Act. This judgment reinforces landowners' rights and sets a critical precedent for pending compensation claims under Section 24.
Bombay High Court rules that while State Land Acquisition Officers lack authority to alter Section 4 notification dates under the Land Acquisition Act, 1894, High Courts can exercise Article 226 powers to retrospectively adjust dates to prevent injustice. The Court shifted the notification date to the writ petition filing date, ensuring fair compensation calculation for affected landowners.