Bombay High Court Weekly Round-Up: February 06 To February 12, 2023

Nominal Index [Citation 76 - 90]Rashmi Developments Pvt. Ltd. v. Municipal Corporation of Greater Mumbai and Ors. 2023 LiveLaw (Bom) 76Anjuman Moinut Tulba & Ors v. Education Officer Primary & Ors 2023 LiveLaw (Bom) 77Godrej & Boyce Manufacturing Co. Ltd. v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 78Bombay Lawyers Association v. Jagdeep Dhankad 2023 LiveLaw (Bom) 79National Highways Authority of India v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 80Vaishali Chaburao Katore v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 81Chandaba w/o. Gangaram Pauyed v. State of Maharashtra 2023 LiveLaw (Bom) 82Percept Finserve Pvt Ltd & Anr. v. Edelweiss Financial Services Ltd 2023 LiveLaw (Bom) 83RMS v. MOP 2023 LiveLaw (Bom) 84Yasin Gulab Shikalkar v. Maruti Nagnath Aware and Ors. 2023 LiveLaw (Bom) 85Ashokrao s/o Uttamrao Pawar v. State of Maharashtra 2023 LiveLaw (Bom) 86Sudam s/o. Ganpat Kothambire and Ors. v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 87Hasmukh Solanki v. State of Maharashtra 2023 LiveLaw (Bom) 88M/s. Ashok Commercial Enterprises and Anr. v. Rajesh Jugraj Madhani 2023 LiveLaw (Bom) 89Harikesh @ Guddu Madan Kattilwar v. Deputy Police Commissioner 2023 LiveLaw (Bom) 90Reports/JudgmentsHigh Court Directs MCGM Commissioner To Decide Fate Of Proposed 'Floating Hotel' In MumbaiCase Title: Rashmi Developments Pvt. Ltd. v. Municipal Corporation of Greater Mumbai and Ors.Citation: 2023 LiveLaw (Bom) 76The Bombay High Court directed the Commissioner of Municipal Corporation of Greater Mumbai (MCGM) to take a final decision regarding grant of permission for construction of a Floating Hotel (Floatel) anchoring off the Raj Bhavan.The court directed the Commissioner to first decide whether he has exclusive jurisdiction to decide the matter or whether recommendations from the three-member committee formed by the High Court are required.The Commissioner has to decide the NOC application within four weeks from the date of his decision regarding jurisdiction and within eight weeks from the date of submission of all relevant papers and representation by the petitioner company.No Fundamental Right To Poison Children, Can't Allow Outsourcing Of Midday Meal Kitchens: Bombay HC Orders Surprise Inspections At Malegaon SchoolsCase Title: Anjuman Moinut Tulba & Ors v. Education Officer Primary & OrsCitation: 2023 LiveLaw (Bom) 77The Bombay High Court directed the civic body of Malegaon city in Maharashtra to conduct surprise inspections at 27 government aided schools and ascertain if they had operational kitchens and storage rooms to provide midday meals for its students.A division bench of Justices GS Patel and Neela Gokhale was hearing the schools’ petitions seeking directions to the municipal corporation to re-start supplying uncooked grains instead of asking schools to take cooked meals from the centralized community kitchen chains.“We are not allowing you to outsource the cooking. You don't have the fundamental right to poison children because you are a minority institution…We cannot take the risk,” Justice Patel said refusing to even consider the proposition that the schools may by supplied food grains and outsource the cooking. After hearing all the parties the bench noted in the order, “In the state there is no absolute prohibition on schools preparing its own midday meal. It is equally not necessary for schools to have the infrastructure to prepare their meals and can receive the midday meals.”Green Flag For Mumbai-Ahmedabad Bullet Train Project As Bombay High Court Upholds Acquisition Of Godrej & Boyce's Plot At VikhroliCase Title: Godrej & Boyce Manufacturing Co. Ltd. v. State of Maharashtra and Ors.Citation: 2023 LiveLaw (Bom) 78The Bombay High Court green flagged the bullet train project and refused to set aside the acquisition of Godrej & Boyce Manufacturing Co. Ltd's plot at Vikhroli."There are no irregularities in the acquisition...Project is of paramount importance...Public interest would prevail over private interest," a division bench of Justices RD Dhanuka and MM Sathaye observed. The court has also refused to stay the project. Godrej had challenged the award and compensation of Rs 264 crore by the deputy collector on September 15, 2022 for acquiring 39,252 sqm (9.69 acre) of company land for the Mumbai - Ahmedabad bullet train project. The company claimed the amount was a fraction of the initial offering of Rs. 572 crores.Bombay High Court Dismisses PIL Against Vice President, Law Minister Over Remarks On Basic Structure Doctrine, Collegium SystemCase Title: Bombay Lawyers Association v. Jagdeep DhankadCitation: 2023 LiveLaw (Bom) 79The Bombay High Court on Thursday dismissed a PIL against the Vice President Jagdeep Dhankhar and Law Minister Kiren Rijiju for their constant public criticism of the judiciary’s ‘collegium system’ and remarks against the basic structure doctrine.Petitioner - the Bombay Lawyers Association sought to restrain them from discharging their duties claiming ...

Bombay High Court Weekly Round-Up: February 06 To February 12, 2023

Amisha Shrivastava

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