Bombay High Court Weekly Round-Up: September 11 To September 17, 2023

Nominal Index [Citation 427 - 442]Iqra Maqsood Ahmed Ansari v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 427Union of India and Anr. v. Umraobi W/o Saiyed Munir and Ors. 2023 LiveLaw (Bom) 428Shri Durga Parmeshwari Seva Mandal & Ors. v. Municipal Corporation of Greater Mumbai & Ors. 2023 LiveLaw (Bom) 429Ashwin Bharat Khater v. Urvashi Bharat Khater 2023 LiveLaw (Bom) 430ABC v. XYZ 2023 LiveLaw (Bom) 431Rodu Bhaga Wagh v. State of Maharashtra & Anr. 2023 LiveLaw (Bom) 432Govandi New Sangam Welfare Society v. State of Maharashtra & Ors. 2023 LiveLaw (Bom) 433Anupam Mittal v. People Interactive (India) Pvt. Ltd. and Ors. 2023 LiveLaw (Bom) 434Registrar Judicial, High Court of Bombay Bench at Aurangabad v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 435ABC v. XYZ 2023 LiveLaw (Bom) 436Faizal Hasamali Mirza @ Kasib v. State of Maharashtra 2023 LiveLaw (Bom) 437ABC v. XYZ 2023 LiveLaw (Bom) 438State of Maharashtra v. Baburao Ukandu Sangerao 2023 LiveLaw (Bom) 439M v. Navi Municipal Corporation and Anr. 2023 LiveLaw (Bom) 440Suresh Kevalram Khemani & Ors. v. Central Bureau of Investigation, Economic Offences Unit-I (Eo-1) & Ors. 2023 LiveLaw (Bom) 441Eversmile Construction Company Pvt Ltd & Anr. v. Municipal Corporation of Greater Mumbai & Ors. 2023 LiveLaw (Bom) 442Reports/JudgmentsBombay High Court Imposes ₹3 Lakh Cost On Scrutiny Committee For Delay In Issuing Student’s Caste Validity CertificateCase Title: Iqra Maqsood Ahmed Ansari v. State of Maharashtra and Ors.Citation: 2023 LiveLaw (Bom) 427The Bombay High Court imposed cost of Rs. 3 Lakhs on the Chairperson and members of District Caste Certificate Scrutiny Committee, Mumbai Suburban for "extreme stress and inconvenience" caused to a student due to delay in issuance of her caste validity certificate.A division bench of Justice Sunil B Shukre and Justice Firdosh P Pooniwalla held that the delay, solely attributable to the Scrutiny Committee, should not cause injustice to the student who couldn’t submit the certificate to the college authorities in time for her admission.44 Years After Railway Accident, Bombay High Court Upholds ₹51K Compensation To Mother Of DeceasedCase Title: Union of India and Anr. v. Umraobi W/o Saiyed Munir and Ors.Citation: 2023 LiveLaw (Bom) 428The Bombay High Court upheld an award of compensation of Rs. 51,000 to the mother of a 24-year-old man who died in a railway accident 44 years ago involving the collision of a truck and a train engine.Justice PK Chavan observed that the accident was caused due to the negligence of railway staff.“It is clearly an act of negligence on the part of the employees of the appellants as it appears from the evidence that there was no proper communication between the switchman and the gateman as well as by the concerned Railway station. Had there been proper communication, there would have been an advance intimation to the gateman about passing of the engine”, the court observed.No Fundamental Right To Privately Create Immersion Pond In Public Park For Ganesh Visarjan: Bombay High CourtCase Title: Shri Durga Parmeshwari Seva Mandal & Ors. v. Municipal Corporation of Greater Mumbai & Ors.Citation: 2023 LiveLaw (Bom) 429The Bombay High Court dismissed the plea filed by a former Nationalist Congress Party (NCP) corporator seeking to organise Ganpati immersion in a private artificial pond at a municipal garden at Ghatkopar.A division bench of Justices GS Patel and Kamal Khata observed,“No person, let alone a Mandal, has any fundamental — or any other — right to privately create an immersion pond in a public park maintained by the Municipal Corporation. That permission is required, and that this is in the discretion of the Municipal Corporation, is not just undeniable, but is not disputed.”Denying Access To Own House Amounts To Denial Of Basic Amenities: Bombay High Court Revokes Gift Deeds After Son Fails To Maintain MotherCase Title: Ashwin Bharat Khater v. Urvashi Bharat KhaterCitation: 2023 LiveLaw (Bom) 430Observing that the denial of access to one's own house amounts to denial of basic amenities, the Bombay High Court upheld the Senior Citizens Maintenance Tribunal’s order revoking two gift deeds executed by an elderly woman in favour of her son and directed the son and daughter-in-law to vacate the subject property.Justice Sandeep V Marne held so upon finding that the son had failed to perform his duty to provide basic amenities and physical needs to his widowed mother.“The Gifts were executed out of natural love and affection towards son, which was the only possible consideration for execution thereof. Inbuilt in such love and affection is the duty of the son to provide basic amenities and physical needs to the widowed mother. The events that have occurred post execution of gift deeds so indicate that such love and affection between the Mother and son no longer exists. Along with love and affection, the son has perhaps failed to perform the duty of providing the basic amenities and...

Bombay High Court Weekly Round-Up: September 11 To September 17, 2023

Amisha Shrivastava

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