Bombay High Court Weekly Round Up : September 19 To September 25, 2022

Nominal Index [Citations 334 – 351]Western Coalfields Limited v. Tahsildar, Kamptee and Ors. 2022 LiveLaw (Bom) 334Mother Teresa Balakashram v. State of Maharashtra and Ors. 2022 LiveLaw (Bom) 335Swapnil Prakash Parab v. The State of Maharashtra and Anr. 2022 LiveLaw (Bom) 336Hany Babu v. National Investigation Agency and Anr. 2022 LiveLaw (Bom) 337Kaalka Real Estate Pvt. Ltd. and Anr. v. Municipal Corporation of Greater Mumbai and Ors. 2022 LiveLaw (Bom) 338Gopal S/o Sitaram Bairisal v. Union of India 2022 LiveLaw (Bom) 339Govind Ramrao Solanke v. State of Maharashtra and Ors. 2022 LiveLaw (Bom) 340Armaan Kohli v. Union of India 2022 LiveLaw (Bom) 341Uday v. State of Maharashtra & Anr. 2022 LiveLaw (Bom) 342R. S. Madireddy and Anr. v. Union of India and Ors. 2022 LiveLaw (Bom) 343Ajabrao Rambhau Patil v. State of Maharashtra and Ors. 2022 LiveLaw (Bom) 344M/s. TCI Infrastructure Limited & Anr. v. M/s. Kirby Building Systems (Uttaranchal) Private Limited & Anr. 2022 LiveLaw (Bom) 345Chanda v. Prakashsingh Rathod 2022 LiveLaw (Bom) 346The Goa Foundation v. NGT & Ors. 2022 LiveLaw (Bom) 347Vinayak Yasvant Sanap v. State of Maharashtra & Ors. 2022 LiveLaw (Bom) 348Swabhimani Shikshak Va Shikshaketar Sanghatana Maharashtra Rajya v. State of Maharashtra and Ors. 2022 LiveLaw (Bom) 349The Shiv Sena v. Municipal Corporation of Greater Mumbai 2022 LiveLaw (Bom) 350Dr. Prakash Borulkar v. State of Maharashtra and Ors. 2022 LiveLaw (Bom) 351Reports/JudgmentsS.155 Maha Land Revenue Code | Tehsildar Can Correct Revenue Records During Pendency Of Acquisition ProceedingsCase Title: Western Coalfields Limited v. Tahsildar, Kamptee and Ors.Citation: 2022 LiveLaw (Bom) 334The Nagpur Bench of Bombay High Court held that Tehsildar has the jurisdiction under the Maharashtra Land Revenue Code, to correct status of land in the revenue record which may substantially impact the amount of compensation, even if acquisition proceedings are pending before the High Court."The proceedings before the Tahsildar under Section 155 of the Code are clearly independent proceedings and if they aid in determining just and fair compensation to land owners, then it cannot be said that the proceedings could not have been initiated or the orders passed by the Tahsildar deserved to be set aside, merely because proceedings pertaining to the determination of quantum of compensation are pending before this Court", Justice Manish Pitale observed in his order.'Utter Lack of Objectivity': Bombay High Court On CWCD's Refusal To Renew Licenses of 57 Child Care HomesCase Title: Mother Teresa Balakashram v. State of Maharashtra and Ors.Citation: 2022 LiveLaw (Bom) 335The Bombay High Court held that the Commissioner of Women and Child Development (CWCD) can't refuse renewal of licenses without hearing or opportunity to correct defects to applicants. CWCD had outrightly rejected licence renewal proposals of at-least 57 NGOs under the Juvenile Justice Act 2015, without a hearing or giving them an opportunity to correct their defects.A division bench of Justices Magesh Patil and Sandeep Marne at Aurangabad directed the CWCD to re-consider proposals of at least nine NGOs who approached the court.Bhabha Atomic Research Centre Conducts Sensitive Research In Nuclear Science: Bombay HC Upholds Rejection Of Candidature Citing Criminal AntecedentsCase title: Swapnil Prakash Parab v. The State of Maharashtra and Anr.Citation: 2022 LiveLaw (Bom) 336The Bombay High Court upheld cancellation of a man's candidature for a post at the Bhabha Atomic Research Centre (BARC) for non-disclosure of a criminal case against him observing that honesty and integrity are the inherent requirements in public employment.Justices S. V. Gangapurwala and R. N. Laddha dismissed a writ petition challenging rejection of petitioner's candidature for a post at the BARC.Prima Facie Deep Involvement With RDF & Maoist Activities: Bombay High Court Refuses Bail To DU Professor Hany Babu In Elgar Parishad CaseCase title: Hany Babu v. National Investigation Agency and Anr.Citation: 2022 LiveLaw (Bom) 337 the Bombay High Court refused to grant bail to Delhi University Professor Hany Babu accused in Elgar Parishad case observing that mobilising rallies and co-ordinating the defence of convicted professor GN Saibaba was not just helping a fellow academic, but prima facie following a leftist handbook.A division bench of Justice Nitin Jamdar and NR Borkar said that their opinion about Babu not just being a mere sympathiser but being someone who was given substantial responsibility, at RDF, an alleged front organisation, was based on broad probabilities.Bombay High Court Orders Demolition of Illegal Portions of Union Minister Narayan Rane's Residence Within Two Weeks (livelaw.in)Citation: 2022 LiveLaw (Bom) 338The Bombay High Court refused to direct BMC to consider regularising 300% additional construction at Union Minister Narayan Rane's Juhu residence. The court gave two weeks to demolish the illegal...

Bombay High Court Weekly Round Up : September 19 To September 25, 2022

Amisha Shrivastava

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