Executing court can address property-preservation disputes pending Collector’s partition, Bombay High Court rules
Akbarsaheb Kokani instituted Regular Civil Suit No. 102 of 1963 for administration of the estate of his father and uncle.
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BHCMONTHLY CASE LAW ARCHIVE
Bombay High Court Judgments in August 2026: Case Law Digest
Read 18 LawLens analyses of Bombay High Court judgments published in August 2026, covering key rulings, legal principles and case law.
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August 2026 Judgments
18 ARTICLES · NEWEST FIRST
A Registrar becomes functus officio after rejecting a bifurcation proposal and cannot reopen proceedings.
Petitioner No. 1, Shiv Shopping Centre Co-operative Housing Society Ltd., is a registered co-operative housing society comprising 91 members, including residential and commercial premises owners.
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Sale of flats held as investment is taxable as capital gains, not business income.
The Respondent-Assessee acquired land in 2008 and developed a project comprising seven high-end apartments known as “7, Marine Drive,” Mumbai.
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Evidence-based disciplinary punishment in armed forces warrants judicial restraint absent perversity or disproportionality.
The Petitioner, a Constable in the Railway Protection Force (“RPF”), sought an inter-zonal transfer on grounds including his daughter’s medical condition.
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Blacklisting without a specific show-cause notice and hearing violates natural justice.
Respondent Nos. 1 and 2 issued Tender No. 54 of 2025 for the remaining works at the Exhibition Centre, Phase-3, Kothrud, Pune, in which the Petitioner emerged as the lowest bidder (“L1”).
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Authorities must correct mutual-transfer seniority and consider the employee for promotion before finalizing the list.
The petitioner, a primary teacher, was initially appointed in Zilla Parishad Ratnagiri and subsequently came to Nashik Zilla Parishad through a mutual inter-district transfer on 24 July 2015.
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Pre-2015 unilateral arbitrator appointments remain valid when authorised by the arbitration agreement, Bombay High Court rules
The judgment concerned objections raised in execution proceedings against arbitral awards obtained by M/s. S. E. Investments Ltd., now known as Paisalo Digital Limited.
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Pre-2015 unilateral arbitrator appointments valid if authorised by contract; only non-consensual appointments are void, rules Bombay High Court
The judgment concerned execution proceedings initiated to enforce arbitral awards against the judgment-debtors in four connected matters.
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Bullet Train power line gets mangrove-felling clearance, but Maharashtra must create afforestation land banks and a public monitoring portal: Bombay High Court
The Petitioner, Maharashtra State Electricity Transmission Company Limited (MSETCL), sought permission to construct and lay a 132 KV transmission line from the Dahanu Sub-Station to the proposed Ambeserai Traction Sub...
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Teachers cannot ordinarily be assigned electoral-roll duties during teaching days and school hours.
The Applicant, an Acting Headmaster of Zilla Parishad Primary, Secondary and Higher Secondary School, Bhoirwadi, had previously served as a Booth Level Officer (“BLO”) Supervisor.
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Bombay High Court upholds sugar export ban, rejects exporters’ plea to honour pre-paid overseas contracts in public interest
The Petitioners, primarily merchant exporters, entered into contracts with overseas buyers for the export of sugar and claimed to have received advance payments before 13 May 2026.
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Interim injunction breaches need not automatically be proved beyond reasonable doubt, rules Bombay High Court in trademark dispute
Sky Enterprise, engaged in the manufacture and marketing of masala powders and spices, owned registered marks including “Star Zing White Chinese Pepper Masala” and “Star Zing Black Chinese Pepper Masala”.
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Debt advanced by an unlicensed moneylender is not legally enforceable under Section 138.
The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”) against Respondent No. 2. The appellant alleged that he had advanced a cash loan of ₹20,00,000 to Respondent No. 2,...
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An exit permit is unsustainable where no breach of express visa conditions is established.
The petitioner, a Taiwanese national, initially held an Employment Visa to work with Maxxis Rubber India Pvt. Ltd. The visa was extended until 12 November 2025. During his employment, he pursued online academic course...
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A foreign national’s exit permit cannot stand absent an established visa-condition breach.
The petitioner, a Taiwanese national, entered India on an Employment (E-2) Visa to work for Maxxis Rubber India Pvt. Ltd. The visa required registration within fourteen days and prohibited entry into restricted or can...
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Bombay High Court upholds retrospective asset disclosure order against Rolta founder over alleged evasion of ₹1,800-crore foreign decree
The Appellant challenged an order directing him to disclose on oath details of his assets, bank accounts, bank statements, income-tax returns and alleged alienations from the commencement of the New York proceedings,...
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Amended IBC Section 96(4) applies to pending personal-guarantor insolvency applications, Bombay High Court holds
Tata Capital Financial Services Limited, subsequently renamed Tata Capital Limited pursuant to a scheme of arrangement, extended financial assistance to Respondent No. 1, Neel Motors LLP, under a Channel Finance Agree...
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A Shikshan Sevak’s termination is illegal without vacancy proof or objective Rule 15(6) assessment.
The petitioner worked in Seth G.H. High School from 18 January 2005, allegedly through artificial breaks in service.
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