Bombay High Court Monthly Digest – April 2025

2025 LiveLaw (Bom) 123 to 2025 LiveLaw (Bom) 169

Nominal Index:

Accelerate Productx Ventures Pvt. Ltd. vs State of Maharashtra, 2025 LiveLaw (Bom) 123

Yash Charitable Trust vs. State Of Maharashtra, 2025 LiveLaw (Bom) 124

Lakhani's Blue Waves Co-operative Housing Society Ltd vs The Chairman, CIDCO, 2025 LiveLaw (Bom) 125

Nathibai Damodar Thackersey Women's University Law School vs. State Of Maharashtra & Ors, 2025 LiveLaw (Bom) 126

Ambit Urbanspace Versus Poddar Apartment Co-operative Housing Society Limited & Ors, 2025 LiveLaw (Bom) 127

Shahbaz Mumtaz Khan vs. Indian Oil Corporation Limited & Ors., 2025 LiveLaw (Bom) 128

ST vs Commissioner, Municipal Corporation, 2025 LiveLaw (Bom) 129

Anil Ambani vs Deputy Director of Income Tax, 2025 LiveLaw (Bom) 130

Rohan Vishwas Kulkarni vs. State of Maharashtra & Anr., 2025 LiveLaw (Bom) 131

Santanu Sengupta & Ors. Versus Macrotech Developers Ltd., 2025 LiveLaw (Bom) 132

Samarth Constructions vs Pushpa Mate, 2025 LiveLaw (Bom) 133

Urban Infrastructure Real Estate Fund Versus Neelkanth Realty Private Ltd. & Ors., 2025 LiveLaw (Bom) 134

Anna Maruti Shinde vs State of Maharashtra, 2025 LiveLaw (Bom) 135

Bharat Ramji Thakkar vs Union Of India, 2025 LiveLaw (Bom) 136

Arun Hastimal Firodia v. The State of Maharashtra and Another, 2025 LiveLaw (Bom) 137

PV vs State of Maharashtra, 2025 LiveLaw (Bom) 138

Contract for Emergency Medical Services vs. State of Maharashtra and Ors, 2025 LiveLaw (Bom) 139

Harshvardhan Navnath Khandekar vs State Of Maharashtra, 2025 LiveLaw (Bom) 140

M/s. Mehta & Co. vs Municipal Corporation of Greater Mumbai, 2025 LiveLaw (Bom) 141

Nivritti Pandurang Nale vs. Uttam Ganu Nale & Anr, 2025 LiveLaw (Bom) 142

Tanaji Shivaji Solankar & Ors vs. State of Maharashtra & Anr, 2025 LiveLaw (Bom) 143

Central Depositories Services (India) Limited. Vs. Ketan Lalit Shah and Ors., 2025 LiveLaw (Bom) 144

Ballam Trifla Singh vs. Gyan Prakash Shukla & Ors., 2025 LiveLaw (Bom) 145

Prof Dr. Nikhil D. Datar vs. State Of Maharashtra, 2025 LiveLaw (Bom) 146

High Court of Judicature at Bombay on its own Motion vs. MCGM and Anr & Access to Hope vs. Brihanmumbai Electric Supply and Transport & Ors, 2025 LiveLaw (Bom) 147

SJK Buildcon LLP vs. Kusum Pandurang Keni & Ors, 2025 LiveLaw (Bom) 148

Bholashankar Ramsuresh Dubey Versus Dinesh Narayan Tiwari and Ors, 2025 LiveLaw (Bom) 149

Brijesh Barot vs Registrar General, High Court, 2025 LiveLaw (Bom) 150

Elite Housing LLP Versus The Spectrum CHS Ltd., 2025 LiveLaw (Bom) 151

Al-Quraish Human Welfare Association & Ors vs. The State Of Maharashtra, 2025 LiveLaw (Bom) 152

High Court On Its Own Motion vs Vineeta Srinandan, 2025 LiveLaw (Bom) 153

Arun Hastimal Firodia v. The State of Maharashtra and Another, 2025 LiveLaw (Bom) 154

Chetana Rajput v. Modern Education Society, 2025 LiveLaw (Bom) 155

Technova Imaging Systems Limited v. Deputy Commissioner of Income Tax, 2025 LiveLaw (Bom) 156

Sharmila Ghuge vs. University of Mumbai, 2025 LiveLaw (Bom) 157

Tata Capital Limited v. Vijay Devij Aiya, 2025 LiveLaw (Bom) 158

Tanveer Ahmed Patel vs State of Maharashtra, 2025 LiveLaw (Bom) 159

Cyril Ribeiro vs. State of Maharashtra and Ors, 2025 LiveLaw (Bom) 160

Sheikh Ibrahim vs Sheikh Rehman, 2025 LiveLaw (Bom) 161

IMAX Corporation v. E-City Entertainment (I) Pvt. Ltd. and Others, 2025 LiveLaw (Bom) 162

Dr. V.N. Madhu vs. S.S. & L.S. Patkar-Varde College & ors, 2025 LiveLaw (Bom) 163

Sahil Gilani vs State of Maharashtra, 2025 LiveLaw (Bom) 164

Indiabulls Infraestate Ltd. Versus Imagine Realty Pvt. Ltd., 2025 LiveLaw (Bom) 165

UTO Nederland B. V. & Anr. vs. Tilaknagar Industries Ltd, 2025 LiveLaw (Bom) 166

Sabina Lakdawala vs Feroze Lakdawala, 2025 LiveLaw (Bom) 167

Bramhanand Naikwadi vs State of Maharashtra, 2025 LiveLaw (Bom) 168

Abhijeet Bacche-Patil vs Bar Council of Maharashtra & Goa, 2025 LiveLaw (Bom) 169

Judgments/Final Orders:

'Concept Of 24x7 Convenience Shops Popular Worldwide': Bombay High Court Permits Retail Store In Pune To Operate For 24 Hrs

Case Title: Accelerate Productx Ventures Pvt. Ltd. vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 123

While observing that the concept of '24x7' shops have become a popular one worldwide, the Bombay High Court permitted a convenience retail store in Pune to operate 24x7. The bench noted that State while recognising such advantages and to achieve progress commensurate with the global standards, has not imposed any kind of restrictions on the timings of such stores.

State Rules Under Rights Of Persons With Disabilities Act Have Been Framed: State Govt Tells Bombay HC

Case title: Yash Charitable Trust vs. State Of Maharashtra

Citation: 2025 LiveLaw (Bom) 124

The Bombay High Court has disposed of a Public Interest Litigation (PIL) seeking the enactment of State Rules under the Rights of Persons with Disabilities Act, 2016. During the hearing, the State counsel submitted that the Maharashtra State Rights Of Persons With Disability Rules, 2024, were framed by the State government by exercising power under Section 101 of the 2016 Act.

No Fundamental Right To Be Cremated Or Buried At A Specific Site, Authorities Will Decide Where To Cremate Or Bury A Citizen: Bombay High Court

Case Title: Lakhani's Blue Waves Co-operative Housing Society Ltd vs The Chairman, CIDCO

Citation: 2025 LiveLaw (Bom) 125

In a significant ruling, the Bombay High Court recently held that the citizens do not have a fundamental right to be cremated or buried at a specific place.

A division bench of Justices Ajay Gadkari and Kamal Khata ordered the City and Industrial Development Corporation (CIDCO) to remove a crematorium constructed nearby residential societies, shops, a school and a playground on a few plots in sector 9 of Navi Mumbai's Ulwe area.

Bar Council Of India Has Power To Inspect Law Schools: Bombay High Court Rejects Challenge To Rules Of Legal Education

Case title: Nathibai Damodar Thackersey Women's University Law School vs. State Of Maharashtra & Ors

Citation: 2025 LiveLaw (Bom) 126

In a challenge to an inspection notice issued by the Bar Council of India (BCI), the Bombay High Court has held that the notice is valid and that the Rules of Legal Education 2008 framed by the BCI under which it can inspect law colleges is not ultra vires.

A division bench of Chief Justice Alok Aradhe and Justice MS Karnik observed that the Rules under which the BCI is empowered to inspect law colleges does not violate Article 14 and Article 19(1)(g) of the Constitution and noted that the impugned notice was neither arbitrary nor illegal.

Tenants Occupying Premises Which Fall Under Development Agreement Cannot Be Evicted U/S 9 Of Arbitration Act: Bombay High Court

Case Title: Ambit Urbanspace Versus Poddar Apartment Co-operative Housing Society Limited & Ors

Citation: 2025 LiveLaw (Bom) 127

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that Eviction of tenants governed by the Rent Control Act cannot be sought under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), particularly when they are not parties to the Development Agreement executed between the Developer and the Landlords and are not being provided upgraded premises in the redeveloped building compared to what they currently occupy under the tenancy agreements.

Tender Condition Preferring Candidate Younger In Age In Event Of Tie 'Discriminatory & Irrational': Bombay High Court

Case title: Shahbaz Mumtaz Khan vs. Indian Oil Corporation Limited & Ors.

Citation: 2025 LiveLaw (Bom) 128

The Bombay High Court has observed that a tender prescribing a condition that a younger candidate would be preferred over an older candidate in case of a tie-breaker is discriminatory and arbitrary under Article 14 of the Constitution.

Father Being Addicted To Vices Is No Ground For Mother To Claim Right To Be Single Parent, Mask Child's Paternity In Birth Records: Bombay HC

Case Title: ST vs Commissioner, Municipal Corporation

Citation: 2025 LiveLaw (Bom) 129

Even if a father has not seen the face of the child since its birth and is addicted to vices, does not give a right to the mother to become a single parent and mask the paternity of the child in its birth record, the Aurangabad bench of the Bombay High Court held recently.

A division bench of Justices Mangesh Patil and Yanshivraj Khobragade said parents embroiled in matrimonial disputes, cannot claim right over the child's birth record, just to 'satisfy their egos.' The bench therefore, imposed a cost of Rs 5,000 on a woman, who sought to remove her husband's name from their child's birth records.

Bombay High Court Slaps ₹25K Costs On Industrialist Anil Ambani For Seeking 'Urgent Hearing' In Tax Case

Case Title: Anil Ambani vs Deputy Director of Income Tax

Citation: 2025 LiveLaw (Bom) 130

In a setback for industrialist Anil Ambani, the Bombay High Court recently imposed a cost of Rs 25,000 on him for seeking an urgent hearing of his petition challenging the April 2022 notice issued to him by the Income Tax Department.

A division bench of Justices Mahesh Sonak and Jitendra Jain said it cannot consider the 'artificial urgency' made up by Ambani, who urged the judges to urgently hear his challenge to the show cause notice issued to him by the IT Department, way back in April 2022.

'Black Magic Act Excludes Legitimate Religious Practices': Bombay HC Upholds Discharge Of Swami Accused Of Propagating Black Magic

Case title: Rohan Vishwas Kulkarni vs. State of Maharashtra & Anr.

Citation: 2025 LiveLaw (Bom) 131

While upholding the discharge of an accused under the Maharashtra Black Magic Act, the Bombay High Court observed that the object of the Act is to curb harmful practices such as human sacrifice or fraudulent rituals and not legitimate religious practices.

Bombay High Court Directs Developer Of Lodha Worli Towers To Collect Maintenance At Rate Agreed Upon Between Parties Until Arbitral Proceedings Are Completed

Case Title: Santanu Sengupta & Ors. Versus Macrotech Developers Ltd.

Citation: 2025 LiveLaw (Bom) 132

The Bombay High Court bench of Justice Somasekhar Sundaresan the developer of Lodha World Towers in a petition filed under section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) has been directed to charge the Federation Common Area Maintenance (FCAM) Charges at the rate agreed upon in the agreement executed between the parties, until the arbitral proceedings are completed.

Consumer Protection Act | 'Law Must Ensure That Unwary & Untrained Consumers Are Not Deprived Of Their Legal Rights': Bombay High Court

Case Title: Samarth Constructions vs Pushpa Mate

Citation: 2025 LiveLaw (Bom) 133

In a significant ruling, the Bombay High Court on Friday emphasized on the purpose of Consumer Protection Act stating that the intent and framework of the legislation is to ensure that the "untrained, unwary" consumers are not deprived of their legal rights because of the 'unequal' bargaining power.

Limitation Cannot Be Decided As Preliminary Issue Without Recording Whether It Is A Mixed Question Of Law And Fact: Bombay High Court

Case Title: Urban Infrastructure Real Estate Fund Versus Neelkanth Realty Private Ltd. & Ors.

Citation: 2025 LiveLaw (Bom) 134

The Bombay High Court bench of Chief Justice Alok Aradhe and Justice M.S. Karnik has held that an arbitrator is not permitted to decide the issue of limitation as a preliminary issue without first recording a finding as to whether it is a mixed question of law and fact that requires evidence to be led.

Bombay HC Orders SIT Probe Into Five Policemen Involved In Badlapur 'Fake' Encounter, Says Can't Ignore State's Reluctance To Register FIR

Case Title: Anna Maruti Shinde vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 135

The Bombay High Court ordered SIT probe into five policemen allegedly involved in the Badlapur 'fake' encounter case.

A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale said that a refusal to investigate a crime undermines the Rule of Law, erodes public faith in justice, and allows perpetrators to go unpunished.

FIR Lodged & Investigation Underway: Bombay High Court Disposes PIL Alleging Mid-Day Meal Scam

Case title: Bharat Ramji Thakkar vs Union Of India

Citation: 2025 LiveLaw (Bom) 136

The Bombay High Court has disposed of a Public Interest Litigation (PIL) concerning an alleged scam in the distribution of food grains under the Mid-Day Meal Scheme, noting that a First Information Report (FIR) has been lodged and an investigation is underway.

Chairman Of Industrial Establishment Held Liable For Non-Compliance With Labor Court Order: Bombay HC

Case Title: Arun Hastimal Firodia v. The State of Maharashtra and Another

Citation: 2025 LiveLaw (Bom) 137

A single judge bench of Justice Y. G. Khobragade upheld the issuance of criminal process against the Chairman of Kinetic Engineering Ltd., for failing to implement a Labor Court judgment. The court rejected the argument that a Chairman cannot be held responsible for compliance with court orders. The court clarified that persons in positions of control and supervision over an industrial establishment's affairs are obligated to implement court judgments even when appeals are pending without a stay order.

Once Marriage Is Registered, Husband Can't Be Booked For Rape On Ground That He Did Not Fulfill Promise To Marry As Per Customs: Bombay HC

Case Title: PV vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 138

Once a marriage is legally registered and a couple establishes sexual relations, the husband cannot be booked for rape because he did not fulfill his 'promise to marry the wife as per religious customs', the Goa bench of the Bombay High Court, held recently.

Bombay High Court Dismisses PIL On Alleged Illegalities In Govt Tender For Supply Of Ambulances

Case title: Contract for Emergency Medical Services vs. State of Maharashtra and Ors

Citation: 2025 LiveLaw (Bom) 139

The Bombay High Court has dismissed a petition concerning alleged illegalities in the state government tender process for the supply and operation of emergency medical services and ambulances.

Bombay HC Refuses To Entertain PIL Apprehending Coercive Action By State Against Those Who Shared Kunal Kamra's Controversial Comedy Clip

Case title: Harshvardhan Navnath Khandekar vs State Of Maharashtra

Citation: 2025 LiveLaw (Bom) 140

The Bombay High Court has disposed of a Public Interest Litigation (PIL) that raised apprehension that the Maharashtra government would take coercive action against those who shared Kunal Kamra's comedy clip, where he made the "gaddar" comment purportedly against Maharashtra's Deputy CM Eknath Shinde.

Bombay High Court Slaps ₹2 Lakh Cost On BMC For Razing Structure Used As Temporary Shelter For Cancer Patients

Case Title: M/s. Mehta & Co. vs Municipal Corporation of Greater Mumbai

Citation: 2025 LiveLaw (Bom) 141

The Bombay High Court recently imposed Rs 2 lakh costs on the Municipal Corporation of Greater Mumbai (MCGM) for high-handedly demolishing a structure which was used to provide temporary shelter and food for the cancer patients taking treatment in the city's Tata Memorial Hospital.

Presumption U/S 16 HAMA Conditional Upon Signing Of Adoption Deed By Persons Giving And Taking Child In Adoption: Bombay HC

Case title: Nivritti Pandurang Nale vs. Uttam Ganu Nale & Anr

Citation: 2025 LiveLaw (Bom) 142

The Bombay High Court has observed that mere registration of an adopted deed cannot give rise to a presumption under Section 16 of the Hindu Adoption and Maintenance Act, 1956. It noted that the presumption under Section 16 is conditional upon the signing of the deed by the person giving and the person taking the child in adoption.

Human Teeth Not 'Dangerous Weapon', Injury Caused By It Falls U/S 323 IPC And Not 324 IPC: Bombay High Court

Case title: Tanaji Shivaji Solankar & Ors vs. State of Maharashtra & Anr

Citation: 2025 LiveLaw (Bom) 143

The Bombay High Court has observed that causing injury by biting with human teeth constitutes 'voluntarily causing hurt' under Section 323 IPC rather than Section 324 IPC as human teeth cannot be considered as a 'weapon'.

No Bar On Arbitrator To Allow Withdrawal Of Claims Provided Legitimate Interests Of Other Party Are Not Prejudiced: Bombay High Court

Case Title: Central Depositories Services (India) Limited. Vs. Ketan Lalit Shah and Ors.

Citation: 2025 LiveLaw (Bom) 144

The Bombay High Court bench of Justices Revati Mohite Dere and Dr. Neela Gokhale has held that the arbitrator can allow the parties to withdraw their claims to initiate fresh arbitration proceedings by issuing a new notice of arbitration, provided that the legitimate interests of the other party are not prejudiced.

Acted As Client's Agent: Bombay HC Asks State Bar Council To Enquire Into Lawyer's Conduct Who Sought Adjournment To Delay Order Pronouncement

Case title: Ballam Trifla Singh vs. Gyan Prakash Shukla & Ors.

Citation: 2025 LiveLaw (Bom) 145

The Bombay High Court has directed the Bar Council of Maharashtra and Goa to hold an enquiry regarding the conduct of an advocate, who sought adjournment despite the case being listed for passing order. Remarking that the counsel acted as a “mouthpiece” of his client, Justice Madhav J. Jamdar observed that advocates' first duty is towards the court and that advocates are not the agents of their clients.

Bombay HC Disposes PIL Seeking Implementation Of Mechanism For Enforcing Living Wills Upon Noting State's Compliance With SC Directives

Case Title: Prof Dr. Nikhil D. Datar vs. State Of Maharashtra

Citation: 2025 LiveLaw (Bom) 146

The Bombay High Court has disposed of a PIL that sought directions to ensure compliance with a Supreme Court order regarding a mechanism for enforcing 'living wills', taking into account the State government's submission that it has taken steps to comply with the Apex Court's directions. The PIL sought the proper implementation of the Supreme Court's directives on passive euthanasia in Common Cause v. Union of India (2023 LiveLaw (SC) 79).

Consider Disabled Persons Grievance On Accessibility At Bus Stops Expeditiously: Bombay HC To State Advisory Board

Case title: High Court of Judicature at Bombay on its own Motion vs. MCGM and Anr & Access to Hope vs. Brihanmumbai Electric Supply and Transport & Ors

Citation: 2025 LiveLaw (Bom) 147

The Bombay High Court on Thursday (April 17) asked has directed the State Advisory Board On Disability to expeditiously consider the grievances of differently abled people with respect to accessibility at bus stops. The PIL sought the implementation of the 'Harmonised Guidelines and Space Standards for Barrier Free Built Environment, 2021' concerning bus stops and terminals in Mumbai.

Statutory Protection Under Maharashtra Rent Control Act Can't Be Circumvented By Invoking Arbitration Petition To Seek 'Speedy Eviction': High Court

Case Title: SJK Buildcon LLP vs. Kusum Pandurang Keni & Ors

Citation: 2025 LiveLaw (Bom) 148

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the jurisdiction under Section 9 of the Arbitration and Conciliation Act, 1996 (“the Act”) cannot be invoked to circumvent the statutory protection afforded to tenants under the Maharashtra Rent Control Act, 1999 (“Rent Act”). Interim measures under Section 9 must aid arbitral proceedings and cannot override or conflict with special statutory mechanisms under the Rent Act for eviction and redevelopment.

Unless Serious Allegations Of Fraud Are Established, Parties Cannot Be Denied Reference To Arbitration U/S 8 Of A&C Act: Bombay HC

Case Title: Bholashankar Ramsuresh Dubey Versus Dinesh Narayan Tiwari and Ors

Citation: 2025 LiveLaw (Bom) 149

The Bombay High Court bench of Justice N. J. Jamadar has held that the dispute cannot be refused referral to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) based solely on mere allegations of fraud simpliciter, unless serious allegations of fraud that go to the root of the partnership deed containing the arbitration clause are established.

Bombay High Court Judges Recuse From Hearing Plea After Advocate Levels Allegations; Issues Criminal Contempt Notice, Orders Enquiry

Case Title: Brijesh Barot vs Registrar General, High Court

Citation: 2025 LiveLaw (Bom) 150

The Bombay High Court recently took strong objection to an advocate accusing the judges of acting "hand in glove" with the respondent and therefore, recused from hearing the case. The judges also issued a show-cause notice for criminal contempt of court to the said advocate and further ordered the Bar Council of Maharashtra and Goa (BCMG) to conduct enquiry against the advocate.

Objections To Terms Of Redevelopment Agreement Can't Be Adjudicated By Court U/S 9 Of Arbitration Act: Bombay HC

Case Title: Elite Housing LLP Versus The Spectrum CHS Ltd.

Citation: 2025 LiveLaw (Bom) 151

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that objections related to the terms of the redevelopment agreement raised by members of the society can be decided only by the appropriate forum having jurisdiction over such issues. These matters cannot be adjudicated under section 9 of the Arbitration and Conciliation Act, 1996.

Bombay HC Asks State-Appointed Panel To Finalise Guidelines For Slaughter Of 'Unuseful' Cattle Under Maharashtra Animal Preservation Act

Case title: Al-Quraish Human Welfare Association & Ors vs. The State Of Maharashtra

Citation: 2025 LiveLaw (Bom) 152

The Maharashtra Government informed the Bombay High Court on Tuesday (April 22) that it has constituted a committee headed by a former judge of the high court to lay down guidelines for the slaughter of animals which are 'not useful' for certain purposes provided under the Maharashtra Animal Preservation Act.

Bombay High Court Sentences Woman To One Week Prison For “Dog Mafia” Comment Against Judges

Case Title: High Court On Its Own Motion vs Vineeta Srinandan

Citation: 2025 LiveLaw (Bom) 153

The Bombay High Court on Wednesday convicted a woman under charge of criminal contempt of court for calling the court "dog mafia" and making "objectionable" comments against the court and also the judges over their order in favour of dog feeders in a case pertaining to a dispute between a Navi Mumbai-based society and dog feeders.

Bombay HC Finds Chairman Of Industrial Establishment Liable For Non-Compliance With Labor Court Order

Case Title: Arun Hastimal Firodia v. The State of Maharashtra and Another

Citation: 2025 LiveLaw (Bom) 154

A single judge bench of Justice Y. G. Khobragade upheld the issuance of criminal process against the Chairman of Kinetic Engineering Ltd., for failing to implement a Labor Court judgment. The court rejected the argument that a Chairman cannot be held responsible for compliance with court orders. The court clarified that persons in positions of control and supervision over an industrial establishment's affairs are obligated to implement court judgments even when appeals are pending without a stay order.

Payment Of Gratuity Delayed Beyond One Month Of Retirement, Attracts 10% Interest: Bombay HC

Case Title: Chetana Rajput v. Modern Education Society

Citation: 2025 LiveLaw (Bom) 155

A division bench comprising of Justices Ravindra V. Ghuge and Ashwin D. Bhobe held that Nowrosjee Wadia College had to pay gratuity with 10% interest to a retired teacher, as their retirement benefits had been delayed without justification. The court held that educational institutions cannot withhold gratuity for more than one month, even if there are disputes over the pension calculation.

Amalgamated Company Can Adjust Written Down Assets Of Constituent Companies & Claim Depreciation Without Central Govt Approval: Bombay HC

Case Title: Technova Imaging Systems Limited v. Deputy Commissioner of Income Tax

Citation: 2025 LiveLaw (Bom) 156

The Bombay High Court stated that amalgamated company can adjust written down of assets of amalgamating companies and claim depreciation without central government's approval.

No Details Of Colleges Allowing Low Attendance Students To Give Exams: Bombay HC Closes PIL On Law Students' Absenteeism In Mumbai University

Case title: Sharmila Ghuge vs. University of Mumbai

Citation: 2025 LiveLaw (Bom) 157

The Bombay High Court on Thursday (April 24) disposed of a PIL that sought enforcement of mandatory attendance requirements among law students enrolled in various colleges affiliated with the Mumbai University. A division bench of Chief Justice Alok Aradhe and Justice MS Karnik did so after noting that the PIL petitioner did not provide any details of the colleges where students are allowed to take examinations without complying with the mandatory attendance requirement.

Unilateral Option To Terminate Arbitration Agreement Does Not Render It Illegal: Bombay High Court

Case Title: Tata Capital Limited v. Vijay Devij Aiya

Citation: 2025 LiveLaw (Bom) 158

The Bombay High Court Bench of Justice Somasekhar Sundaresan while disposing an application for appointment of arbitrator has observed that an arbitration clause which gives option to only one party to opt out of the arbitration agreement is not invalid per se. Such arbitration agreement can be saved by eliminating the unilateral option or by making such right bilateral.

Only Triple Talaq Is Prohibited, Not Talaq-e-Ahsan: Bombay High Court

Case Title: Tanveer Ahmed Patel vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 159

The Bombay High Court on Wednesday (April 23) held that the Muslim Women (Protection of Rights on Marriage) Act, 2019 only prohibits the instantaneous and irrevocable "Triple Talaq" also known as "Talaq-e-biddat" but does not prohibit the traditional mode of divorce under Islam known as "Talaq-e-Ahsan."

[Maharashtra Rent Control Act] Govt Allottee Will Qualify As Deemed Tenant Only On Legal Possession Of Requisitioned Premises: Bombay HC

Case title: Cyril Ribeiro vs. State of Maharashtra and Ors

Citation: 2025 LiveLaw (Bom) 160

The Bombay High Court has observed that a Government allottee who does not hold a 'legal occupation or possession' of a property under the Maharashtra Rent Control Act 1999 cannot be considered as a 'deemed tenant' under Section 27 of the Act.

Muslim Father Who Gifts Property To Son Need Not Hand Over 'Actual & Physical' Possession, Can Reside In Same Property: Bombay High Court

Case Title: Sheikh Ibrahim vs Sheikh Rehman

Citation: 2025 LiveLaw (Bom) 161

A Muslim father, who transfers his property to his son as a gift known as 'Hiba' under the Islamic Law, can continue to reside in the said property along with his son and need not leave the said residence as the law does not mandate delivery of 'actual and physical' possession of the property other it only provides for 'constructive possession', the Nagpur bench of the Bombay High Court held, recently.

Deletion Of Names Through Chamber Summons Does Not Render Appeal U/S 50(1)(B) Of A&C Act As Not Maintainable: Bombay High Court

Case Title: IMAX Corporation v. E-City Entertainment (I) Pvt. Ltd. and Others

Citation: 2025 LiveLaw (Bom) 162

The Bombay High Court bench of Justices A.S. Chandurkar and M.M. Sathaye has observed that when a common arbitration petition seeking recognition, enforcement and execution of a foreign award is declined against all the respondents, the mere fact that some respondents had successfully filed chamber summons seeking deletion of their names would not render the appeal filed under Section 50(1)(b) of the Arbitration and Conciliation Act, 1996 as not maintainable.

If Fresh Appointment Made After Termination, Previous Service Period Cannot Be Counted For Pension Calculations: Bombay HC

Case Title: Dr. V.N. Madhu vs. S.S. & L.S. Patkar-Varde College & ors

Citation: 2025 LiveLaw (Bom) 163

A division bench consisting of Justices Ravindra Ghuge and Ashwin Bhobe dismissed a writ petition that prayed for the counting of earlier service in pension calculations. The court held that any reappointment made after terminating the previous service cannot be linked to the earlier service period. The court explained that if previous service was terminated, the reappointment made after proper selection process is considered afresh for pension calculations.

Religion Is One Consideration In Custody Matter But Welfare Of Child Paramount: Bombay High Court

Case Title: Sahil Gilani vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 164 

The Bombay High Court dismissed the habeas corpus petition filed by the second husband of popular fashion entrepreneur and social media influencer Pernia Qureshi, who sought the custody of their three year old daughter. A division bench of Justices Sarang Kotwal and Shriram Modak reiterated that though religion is one of the considerations in child custody matters, yet the welfare of the child is always paramount.

Arbitrator Cannot Be Substituted U/S 29A(6) Of A&C Act Unless Grounds Mentioned U/S 14 & 15 Are Satisfied: Bombay High Court

Case Title: Indiabulls Infraestate Ltd. Versus Imagine Realty Pvt. Ltd.

Citation: 2025 LiveLaw (Bom) 165

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that even though the term "substitution" is mentioned under Section 29-A(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act), an arbitrator cannot be substituted in an application under this section unless the grounds specified in Sections 14 and 15 of the Arbitration Act are satisfied, which outline the conditions under which an arbitrator may be substituted.

Order Granting Or Refusing Temporary Injunction Is 'Discretionary', Not Adjudication On Subject Matter Or Merits: Bombay HC Full Bench

Case title: UTO Nederland B. V. & Anr. vs. Tilaknagar Industries Ltd

Citation: 2025 LiveLaw (Bom) 166

The Bombay High Court has observed that an order of temporary injunction is not a prima facie adjudication on the subject matter or merits of the case, but an exercise of discretion by the court. The Court did so while answering a reference between conflicting decisions of division benches of the high court in Colgate Palmolive Company & Anr vs. Anchor Health And Beauty Care Pvt. Ltd (2005) and Parksons Cartamundi Pvt. Ltd. vs. Suresh Kumar Jasraj Burad (2012) as well as Goldmines Telefilms Pvt. Ltd. vs. Reliance Big Entertainment Pvt. Ltd. & Ors (2014).

Advocate Calls Judge's Wife For Property Deal, Insists On Cash Transaction; Bombay High Court Orders Enquiry, Says Attempts To "Frame The Court"

Case Title: Sabina Lakdawala vs Feroze Lakdawala

Citation: 2025 LiveLaw (Bom) 167

The Bombay High Court ordered the Mumbai Police to conduct an enquiry into the conduct of an advocate, who called the wife of a sitting judge for a property dealing and insisting on "cash transaction." Single-judge Justice Madhav Jamdar in his jam-packed court hall, disclosed that an attempt was being made to "frame the court" after it passed an order against advocate Vijay Kurle on April 9, for his misconduct in the court.

Bombay High Court Denies Relief To Police Officer Who Laughed At Judge On VC While Recording Evidence

Case Title: Bramhanand Naikwadi vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 168

The Bombay High Court recently refused to quash a letter issued by a Sessions Court in Beed district to the Director General of Police (DGP), Maharashtra to frame 'Standard Operating Procedure (SOP) for police officials to maintain decorum in the court while recording evidence through video conferencing facility. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale dismissed the petition filed by Bramhanand Naikwadi, the Senior Police Inspector at Nerul Police Station in Navi Mumbai, who while recording his testimony in a criminal case through VC (on his mobile phone) kept muting his mic, spoke to people around him and on being 'admonished' he 'laughed' at the judge.

Bar Associations Are Not "State" Under Article 12 Of The Constitution Of India: Bombay High Court

Case Title: Abhijeet Bacche-Patil vs Bar Council of Maharashtra & Goa

Citation: 2025 LiveLaw (Bom) 169 

Bar Associations if held to be a "State" within the meaning of Article 12 of the Constitution of India, it would certainly lead to a "chaotic" situation, the Bombay High Court held recently. A division bench of Justices Girish Kulkarni and Advait Sethna dismissed the petition filed by four advocates challenging the notice issued by the Kolhapur District Bar Association (KDBA), by which it asked its members to pay their membership fees by April 1, 2025, else they would not be eligible for casting votes in the upcoming bar elections.

Other Orders/Observations:

Unauthorised Use Of Woman's Photos | Photgrapher Prima Facie Guilty Of Breaching Her Privacy, Not Parties Who Used Photos To Advertise: Bombay HC

While hearing the plea of a woman, who has accused Maharashtra and Telangana governments, Congress Party and other political parties' of 'unauthorisedly' using her photographs in advertising their different schemes, the Bombay High Court on Tuesday prima facie held that these parties or the governments are not at fault and instead, the 'blunder' is done by the photographer, who clicked the woman's photos and uploaded it on US-based platform 'Shutterstock' without her prior permission.

Removed All Bollards From Entrance Of Footpaths: BMC Tells Bombay HC In Suo Motu PIL On Footpath Access For Differently Abled Persons

In relation to a suo motu PIL concerning the inaccessibility of footpaths to differently abled persons in Mumbai owing to bollards, the Bombay Municipal Corporation (BMC) informed the High Court that it has removed all bollards from the entrance of footpaths.

'Show Some Urgency': Bombay High Court To Centre, State In 1993 Bomb Blasts Convict Abu Salem's Plea For Premature Release

The Bombay High Court expressed displeasure at the Central and State governments for stalling the petition filed by gangster Abu Salem–one of the prime convicts in the 1993 Mumbai bomb blasts case–seeking remission and premature release from the prison at Taloja, where he is serving his life sentence for his role in the case.

Plastic Flowers Not Prohibited Item: Central Govt Tells Bombay High Court In Plea To Ban Plastic Flowers

In a plea seeking a ban on plastic flowers in Maharashtra, the Central Government told the Bombay High Court that there is no restriction on the usage of plastic flowers and that they are not prohibited as single use plastic items.

Bombay High Court Directs State To Explain Steps Taken To Revive Functioning Of Homes For Mentally Challenged Children

In a petition concerning the situation of Homes for Mentally Challenged Children in Maharashtra, the Bombay High Court directed the State government to file a detailed affidavit indicating the number of such Homes in the State and the steps taken to revive the functions of such homes among other things.

Anand Teltumbde's Activities Threaten India's Sovereignty; Must Not Be Permitted To Go Abroad, Can Give Lectures Virtually: NIA To Bombay HC

The National Investigation Agency (NIA) on Thursday told the Bombay High Court that Dalit rights' activist Dr Anand Teltumbde is an active member of the Communist Party of India (Maoist) (CPI-M), and is allegedly involved in activities that pose a 'threat' to the 'sovereignty, security and integrity' of India and thus he should not be permitted to travel to Amsterdam and the United Kingdom to attend academic assignments.

Booked In Section 498A Case, Actor Hansika Motwani Moves Bombay High Court For Quashing FIR

The Bombay High Court on Thursday issued notice on a petition filed by actor Hansika Motwani and her mother Jyoti Motwani, by which the duo have sought to quash the First Information Report (FIR) lodged against them on charges of cruelty under section section 498-A, at the behest of her sister-in-law Muskan James.

Society Owes Healthy Environment To Children, Won't Permit Dumping Ground Near School: Bombay HC Remarks In Plea Against Waste Disposal Site

In a petition challenging the proposal to set up a Municipal Solid Waste Treatment & Disposal site at a land adjacent to a school, the Bombay High Court orally remarked that it would not permit a dumping ground to be set up near the school. The Court was hearing 2011 petitions filed by a school and village panchayat of Awalkheda village in Taluka Igatpuri of Nashik District.

Not An Illegal Migrant, Can't Be Left Stateless: Bombay HC Asks Authorities To Decide Citizenship Plea Of Woman Living In India For 60 Yrs

The Bombay High Court recently ordered the Deputy Collector of Mumbai to decide an application filed by a septuagenarian 'Stateless' woman, who has sought Indian Citizenship after spending 60 years in the country.

Bombay High Court Seeks Response From State Over Steps Taken To Comply With SC Guidelines Against Use Of 'Two-Finger Test'

The Bombay High Court recently asked the Maharashtra government to spell out the steps taken to sensitise medical health providers across the State on the 'insensitive, inhuman and discriminatory' nature of the 'two-fingers test' or the 'virginity test' on survivors of sexual assault or rape.

Bombay High Court Seeks Maharashtra Govt's Response On Kunal Kamra's Plea To Quash FIR Over Alleged Defamatory Video On Eknath Shinde

The Bombay High Court on Tuesday (April 8) asked State to get instructions on comedian Kunal Kamra's plea for quashing an FIR lodged against him following his satirical video and "gaddar" comment purportedly made against Maharashtra's Deputy CM Eknath Shinde.

Bombay High Court To Hear Appeal Against Order Restraining Release Of Film 'Shaadi Ke Director Karan Aur Johar'

The Bombay High Court has agreed to hear an appeal against a single judge's order that restrained the release of the film “Shaadi Ke Director Karan Aur Johar”. On 13 June 2024, the Court had restrained the release of the film and any promotional material finding a strong prima facie case that the makers made unauthorised use of filmmaker Karan Johar's name and personality.

Bombay HC Five-Judge Bench Orders Removal Of 'Scandalous' Video Of Adv Nilesh Ojha Making 'Defamatory Allegations' Against Sitting Judges

The Bombay High Court on Tuesday ordered YouTube and Marathi news channel - ABP Majha, to remove a 'scandalous' video of advocate Nilesh Ojha, who made 'defamatory' allegations against sitting judges of the High Court.

Bombay High Court Passes John Doe Order Against Sale Of Counterfeit & Contraband 'Closeup', 'Pepsodent' Goods

The Bombay High Court has granted ex-parte ad-interim in favour of Hindustan Unilever, against infringement of its trademark and copyrights in its 'Closeup' and 'Pepsodent' toothpastes, by unknown persons selling counterfeit products.

High Court Issues Notice To State On Plea Seeking 'Carrying Capacity Survey' In Mumbai For Sustainable Urban Development

A Public Interest Litigation (PIL) has been filed in the Bombay High Court seeking 'Carrying Capacity Survey' for the city of Mumbai to address the address conflict between urban development and environmental sustainability.

Nagpur Civic Body Tenders "Unconditional Apology" For Defying Supreme Court Directive & Demolishing Houses Of Riots Accused

The Nagpur Municipal Corporation (NMC) on Tuesday offered an "unconditional apology" to the Bombay High Court for defying the orders of the Supreme Court in Re: Directions in the matter of Demolition of Structures, and demolishing the alleged illegal portions of the houses of the accused in the recent communal violence case. The NMC filed its affidavit before a division bench led by Justice Nitin Sambre, stating that it was unaware of the Supreme Court's ruling as neither the Maharashtra government nor the Nagpur civic body has issued the mandatory guidelines as directed by the Supreme Court.

BREAKING | Bombay HC Grants Interim Protection From Arrest To Kunal Kamra Till Decision On Plea To Quash FIR

The Bombay High Court on Wednesday (April 16) granted interim protection from arrest to comedian Kunal Kamra in his plea for quashing an FIR lodged against him following his satirical video and "gaddar" comment purportedly made against Maharashtra's Deputy CM Eknath Shinde.

Bombay High Court Constitutes Committee Under Former AP HC Judge To Look Into "Wheelchair Woes" Of Passengers At Airports

Observing that no citizen must suffer at the airports, the Bombay High Court on Tuesday constituted a three-member expert committee under chairmanship of former Andhra Pradesh High Court judge - Justice (retd) Goda Raghuram to look into the issue of non-availability of wheelchairs and other facilities for senior citizens, physically disabled citizens and even for children and women.

FIRs Lodged Against Illegal Loudspeakers, Using Social Media To Publicize Ads Addressing Noise Pollution: Maharashtra DGP To Bombay HC

The Director General of Police (DGP) Maharashtra has submitted an affidavit before the Bombay High Court that the police authorities have undertaken initiatives and campaigns regarding illegal loudspeakers and noise pollution, in relation to a contempt petition alleging 2940 illegal loudspeakers in the State.

Businessman Raj Kundra Moves Bombay High Court For Quashing Of LOC In Pornographic Film Racket Case

Celebrity and Businessman Raj Kundra has approached the Bombay High Court seeking to quash the "Look Out Circular" issued against him for his alleged role in the pornographic film racket case.

Can't Issue Guidelines In Absence Of Statutory Backing: Bombay HC Remarks In Plea Seeking To Create A Fund For Wrongly Incarcerated People

While permitting withdrawal of a PIL seeking funds to compensate wrongly incarcerated persons, the Bombay High Court on Wednesday (April 23) orally remarked that in the absence of statutory backing, it cannot issue guidelines to the union or state government under Article 226 of the Constitution.

Bombay High Court Orders Maha Govt To Upload State's Prison Manual & Police Manual On Internet To Educate Citizens

The Bombay High Court on Thursday ordered the Maharashtra Government to put up the State's Prison Manual and also Police online so as to help prisoners and their relatives learn more about their rights, while in jail.

Bombay High Court Directs Mumbai Police Not To Arrest Kunal Kamra In FIR Over Alleged Remarks On Eknath Shinde But Probe May Continue

The Bombay High Court on April 25 directed the Mumbai Police to not arrest comedian Kunal Kamra in the First Information Report (FIR) lodged against him, following his satirical video and "gaddar" comment purportedly made against Maharashtra's Deputy CM Eknath Shinde.

Maharashtra Police Agrees To Hand Over Probe Papers In Badlapur Fake Encounter Case To SIT After Bombay HC Rap

The Bombay High Court rapped the Maharashtra Police for failing to transfer the investigation in the Badlapur 'Fake' Encounter case to an SIT formed by the High Court on April 7. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale remarked that the act of the State Police of not transferring the case despite clear orders amounts to 'brazen violation' of its orders and also constitutes criminal contempt of court.

'Easy To Point Finger At Authorities': Bombay HC In Senior Citizens' PIL Against Illegal Parking, Asks Them To Try Creating Awareness

While hearing a PIL seeking action against illegal parking near a railway station, the Bombay High Court asked the petitioners whether they would visit the station between 10 am and 5 pm to "create awareness" on the issue. A division bench of Chief Justice Alok Aradhe and Justice MS Karnik remarked that 'public spirited persons' should provide a remedy to the problem, instead of just making complaints and pointing fingers at authorities.

Bombay HC Dismisses Appeal Against Order U/S 9 Of Arbitration Act Injuncting Owner Of Kapani Resorts From Disposing Of Interest In Properties

The Bombay High Court bench of Chief Justice Alok Aradhe And Justice M. S. Karnik has upheld the order passed by the Single Judge under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), injuncting the owner of the Kailash property and Kapani Resorts from alienating or disposing of any interest in the properties until the completion of the arbitral proceedings.

Routing Of Funds Through Tax Havens Not Disclosed During Original Proceedings: Bombay HC Confirms Reassessment

Finding that the Petitioner had failed to disclose all material facts necessary for assessment of tax, the Bombay High Court ruled that the circuitous movement of funds through various companies located in tax havens had not been disclosed in the course of the original proceedings. The High Court therefore confirmed the reopening proceedings initiated against the petitioner.

Have Taken Steps To Install Pollution Indicators At Construction Sites: BMC To Bombay High Court

The Bombay Municipal Corporation (BMC) today told the Bombay High Court that it has initiated steps for the installation of 'pollution indicators', which are used to check the amount of dust generated by construction works. The BMC made this submission before a division bench of Chief Justice Alok Aradhe and Justice M. S. Karnik in a suo moto PIL on poor air quality in Mumbai.

Bombay High Court Rejects Shiv Sena MLA's PIL On Misuse Of Social Media By Influencers, Comedians

The Bombay High Court today refused to entertain a Public Interest Litigation (PIL) filed by a sitting MLA, Kiran Samant, concerning 'misuse' of social media by influencers, content creators and comedians. A bench of Chief Justice Alok Aradhe and Justice M. S. Karnik observed that an efficacious remedy is available under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules 2009, to block access to information. The Court noted that the PIL has a general prayer of curbing the misuse of digital platforms by influencers, public personalities and comedians, and relief on such general prayer could not be granted.

Colaba Residents Association Moves Bombay High Court Against Proposed Construction Of Passenger Jetty Near Gateway Of India

Colaba residents have approached the Bombay High Court against the proposed construction of a passenger jetty and terminal facilities near the Gateway of India. Clean and Heritage Colaba Residents Association (CHCRA), an association of over 400 residents of Colaba, filed the petition against the proposed 'Passenger jetty and Terminal Facilities' construction by the State government and the Maharashtra Maritime Board.

FIR Will Be Lodged In Badlapur Fake Encounter Case: Maha Govt Tells Bombay HC After Warning Of Contempt Action Over Delay

After dragging it's feet over lodging of an FIR in the Badlapur Fake Encounter Case, the Maharashtra Police on Wednesday told the Bombay High Court that it will be lodging an FIR in the case, latest by Saturday (May 3). A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale accepted the statement made by Public Prosecutor Hiten Venegavkar who told the judges that by Saturday an FIR would be lodged in the encounter case.

Bombay High Court Asks Hany Babu To Seek Clarification From SC Regarding Forum To Approach For Seeking Bail

The Bombay High Court on Friday asked former Delhi University Professor Hany Babu, an accused in the Bhima-Koregaon Elgar Parishad case, to seek clarification from the Supreme Court as to whether he should be approaching the HC or the Special Court for afresh bail. This comes while the bench of Justices Ajay Gadkari and Kamal Khata commenced hearing Babu's appeal challenging an order passed by the Special NIA court in February 2022, denying him bail.