Bombay High Court Weekly Round-up: October 23, 2023 To October 29, 2023

Nominal Index [Citation 494 - 505]Film Farm India Pvt Ltd v. ALT Digital Media Entertainment Ltd. 2023 LiveLaw (Bom) 494Dr. P. Varavara Rao v. National Investigation Agency and Anr. 2023 LiveLaw (Bom) 495Indumati Borse v. Pune Municipal Corporation and Ors. 2023 LiveLaw (Bom) 496Sameer Baijanath Joshi v. Union of India and Ors. 2023 LiveLaw (Bom) 497Zakir Yusuf Shaikh v. State of Maharashtra 2023 LiveLaw (Bom) 498M/s. Neelkamal Realtors Suburban Pvt Ltd v. Office of the Custodian of Enemy Property of India 2023 LiveLaw (Bom) 499Partha Sarathy Sarkar v Insolvency & Bankruptcy Board of India & Ors. 2023 LiveLaw (Bom) 500Rakesh Kumar Wadhawan v. State of Maharashtra 2023 LiveLaw (Bom) 501Appasaheb Pandurang Yadav (Deceased) Through his legal heir v. Appasaheb Virupaksh Tandale 2023 LiveLaw (Bom) 502Nitin Dwarkadas Nyati v. Union of India and Ors. 2023 LiveLaw (Bom) 503Sanjay Nathmal Jain v. State of Maharashtra 2023 LiveLaw (Bom) 504Sunil Shishupal Nayak v. State of Maharashtra 2023 LiveLaw (Bom) 505Reports/JudgmentsBombay High Court Refuses To Enforce Producers Association Award Directing ALTT To Pay Rs 1.57 Crores To Makers Of 'Mentalhood' Web SeriesCase Title: Film Farm India Pvt Ltd v. ALT Digital Media Entertainment Ltd.Citation: 2023 LiveLaw (Bom) 494The Bombay High Court refused to enforce an award of the Western India Film Producers’ Association (WIFPA) directing Balaji Telefilms' OTT unit ALTT to pay Rs. 1,57,00,000/- to makers of the web series “Mentalhood”.Justice SM Modak held that the decision of the Disputes Settlement Committee of WIFPA cannot be enforced as an arbitral award in the absence of an arbitration agreement between parties of the dispute, if one of the parties is not a member of WIFPA.Bhima Koregaon: Bombay High Court Permits Accused Poet Varavara Rao To Travel To Hyderabad For Cataract SurgeryCase Title: Dr. P. Varavara Rao v. National Investigation Agency and Anr.Citation: 2023 LiveLaw (Bom) 495The Bombay High Court granted octogenarian Telugu poet Varavara Rao permission to travel to Hyderabad for seven days to undergo cataract surgery in one of his eyes.Justices AS Gadkari and Shyam Chandak further asked Rao to seek permission afresh from the trial court to undergo surgery for the other eye.Rao had approached High Court in November 2022 against the Special NIA’s court order refusing permission. The poet is facing allegations under the UAPA over alleged Maoist links. The Supreme Court on August 10 2022 had granted him permanent medical bail but constrained him to stay within the limits of the city of Greater Mumbai. The court however, granted him liberty to approach the concerned NIA court for permission to go to Hyderabad.Bombay High Court Dismisses Nonagenarian's Plea To Remove Statue Of Bharat Ratna Awardee Maharshi Karve In PuneCase Title: Indumati Borse v. Pune Municipal Corporation and Ors.Citation: 2023 LiveLaw (Bom) 496The Bombay High Court dismissed a writ petition by a 90-year-old woman seeking removal of a statue of Maharshi Dhondo Keshav Karve, a reformer and Bharat Ratna recipient, installed by the Pune Municipal Corporation (PMC) near her property.A division bench of Justice GS Patel and Justice Kamal Khata stated that a memorial or a monument is sufficiently a public purpose, which need not only be a public utility, and the petitioner did not show that installation of statues by a public body is forbidden.Redevelopment Near Signal Transmitting Station Juhu Allowed As Long As Redeveloped Structure Adheres To Limit Of 15.24 Meters Height: Bombay High CourtCase Title: Sameer Baijanath Joshi v. Union of India and Ors.Citation: 2023 LiveLaw (Bom) 497The Bombay High Court held that redevelopment of an existing permanent structure near Signal Transmitting Station, Juhu, is allowed as long as the redeveloped structure adheres to the limit of 15.24 meters height specified in a 1976 notification issued under the Works of Defence Act, 1903 (WoD Act).The signal transmitting station in Juhu is a pre-World War II military installation for wireless communication. Several redevelopment projects in Juhu have been halted due to the Army's objection to construction near it.A division bench of Justice Sunil B Shukre and Justice Firdosh P Pooniwalla paved way for redevelopment of Mumbai’s Chandan Cinema situated near the Signal Transmitting Station which was held up due to denial of no objection certificate (NOC) by the military authorities.Bombay High Court Discharges Man Booked For Alleged Conspiracy To Illegally Transport Two Children To USA, Says Mere Cancellation Of Flight Tickets Not Suspicious ActivityCase Title: Zakir Yusuf Shaikh v. State of MaharashtraCitation: 2023 LiveLaw (Bom) 498Observing that mere cancellation of return flight tickets is not a suspicious activity, the Bombay High Court discharged a man accused of conspiring to illegally transport two children to USA on forged immigration documents.Justice Bharati Dangre observed that allegations against the accused, one...

Bombay High Court Weekly Round-up: October 23, 2023 To October 29, 2023

Amisha Shrivastava

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