Duty Of Stationary Truck's Driver To Use Parking Lights: Bombay High Court Enhances Compensation To Kin Of Deceased Biker In Fatal Collision

Observing that the driver of a stationary vehicle on the road has the duty to turn on parking lights, the Bombay High Court recently attributed 100 percent negligence to the driver of a stationary truck that collided with a motorcycle at night.Justice Shivkumar Dige enhanced the compensation awarded to the kin of the deceased in the fatal accident in 2003 in a plea seeking by the deceased's...

Court Cannot Rewrite Criteria Set By Expert Body: Bombay High Court Upholds Physical Education Degree Holders' Eligibility As Sports Coaches

The Bombay High Court recently upheld an advertisement by Directorate of Sports and Youth Services allowing degree holders in Physical Education and State-level sportspersons to compete for the Sports Coach positions.A division bench comprising Justice GS Kulkarni and Justice Jitendra Jain dismissed a writ petition filed by sports coaches Dadaso Balaso Awad and Yogesh Prakash More praying...

Period Of House Arrest Can Be Taken Into Consideration While Calculating Total Period Of Custody: Bombay High Court

The Bombay High Court recently held that house arrest is a form of arrest, and the period of house arrest can be taken into account while calculating the total period of custody of an accused.A division bench of Justice AS Gadkari and Justice Shyam C Chandak granted bail to one Mohammed Farooq Shaikh, who has been in custody for over 5 years and 8 months, including over 4 years of...

Bombay High Court Quashes Chargesheet Against Woman Accused Of Beating Husband With Broom, Biting Hand

The Bombay High Court recently quashed the chargesheet filed against a woman accused of beating her husband with a broom and biting his hand, holding that the ingredients constituting the offence of Section 324 IPC were absent.A division bench comprising Justice Prakash D Naik and Justice NR Borkar allowed the woman's writ petition observing –“The requisite ingredients to constitute...

Bombay High Court Directs BMC To File Affidavit Detailing Fire Emergency Measures Such As SOP, Response Time, Number Of Fire Stations & Manpower

The Bombay High Court on Friday directed the Brihanmumbai Municipal Corporation (BMC) to submit an affidavit outlining the measures implemented to address emergencies arising from sudden fires in city buildings.A division bench of Chief Justice Devendra Upadhyaya and Justice Arif S Doctor also instructed BMC to include in the affidavit the Standard Operating Procedure (SOP) adhered to in...

Plea Challenging GST SCN Issued To Online Gaming Company Playerzpot Media: Bombay High Court Issues Notice Dept.

The Bombay High Court has issued the notice to the department on a plea challenging the GST show cause notice (SCN) issued to online gaming company Playerzpot Media.The bench of Justice G. S. Kulkarni and Justice Jitendra Jain has ordered the GST authorities to refrain from passing any final orders on the SCN without leave of the Court.The petitioner or assessee has assailed the SCN on...

Acting On Non-Advertised And Non-Publicized Tender Condition Amounts To Denial Of Opportunity To Eligible Bidders: Bombay High Court

The Bombay High Court recently observed that processing of tenders as per a tender condition which was neither publicized nor made part of the tender document amounts to denial of opportunity to eligible bidders and can be challenged under Article 226 of the Constitution.The division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor temporarily restrained the...

Court Can Extend Period Of Arbitral Tribunal Even If Application Is Made After Time Limit: Bombay High Court

The High Court of Bombay has held that Section 29A permits the court to extend the mandate of the arbitral tribunal even when the application is made after the expiry of time limit provided therein.The bench of Justice Manish Pitale clarified that Section 29A(4) allows the Court to extend the arbitrator's mandate either before or after the specified period's expiry, provided sufficient...

Bombay High Court Weekly Round-up: November 26, 2023 To December 03, 2023

Nominal Index [Citation 547 - 560]Savita Shrimant Ghule v. Sangita Bibhishan Sanap & Ors. 2023 LiveLaw (Bom) 547AjitSingh Ghorpade v. State of Maharashtra & Ors. 2023 LiveLaw (Bom) 548Rohit s/o Chandrakant Bhagat v. State of Maharashtra 2023 LiveLaw (Bom) 549L&T Finance Limited v. Diamond Projects Limited 2023 LiveLaw (Bom) 550Anandrao G Pawar v. Municipal Corporation of...

'Can't Allow Weaponization Of Writ Jurisdiction In Private Dispute': Bombay HC Junks Padma Shri Awardee's Plea Alleging Illegal Repairs

The Bombay High Court dismissed a petition by Padma Shri awardee Mustansir Barma alleging illegal repairs by the owner of ground floor of a building in Colaba observing that the court cannot permit writ jurisdiction to be “weaponized” by delving into disputed questions of fact.A division bench of Justice GS Patel and Justice Kamal Khata deemed the issue a private dispute and observed...

Bombay High Court Monthly Digest: November 2023 [Citations 519 - 552]

Nominal Index [Citation 519 - 552]Matrix Publicities and Media India Pvt. Ltd. v. Deputy Commissioner of Income Tax Circle- 16(1), Mumbai & Ors. 2023 LiveLaw (Bom) 509Bapu Bajarang Patil v. State of Maharashtra 2023 LiveLaw (Bom) 510Chandralok People Welfare Association v. State of Maharashtra 2023 LiveLaw (Bom) 511Kiran P. Pawar v. Bata India Ltd. 2023 LiveLaw (Bom) 512ABC v. XYZ...

Bombay High Court Stays Criminal Proceedings Against Photographer For Allegedly Distributing Client's Photos On Objectionable Websites

The Bombay High Court recently stayed criminal proceedings initiated against a professional photographer for allegedly uploading photos of a classical dancer on the internet, which allegedly led to their distribution on objectionable websites.A division bench of Justice Prakash D Naik and Justice NR Borkar granted interim relief in a writ petition for quashing of the case stating –...