Bombay High Court Weekly Round-up: December 11 To December 17, 2023

Nominal Index [Citation 577 - 591]Dadaso Balaso Awad and Anr. v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 577Nita Narendra Nadgouda v. M/s. Garuda Carriers and Shipping (P) Ltd. and Ors. 2023 LiveLaw (Bom) 578High Court of Judicature at Bombay on its own Motion v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 579High Court of Judicature at Bombay on its own Motion v. State of Maharashtra & Ors. 2023 LiveLaw (Bom) 580Nutan Warehousing Company Pvt. Ltd. v. The Commissioner 2023 LiveLaw (Bom) 581Shaila Madhukar Gore and Ors. v. Union of India and Ors. 2023 LiveLaw (Bom) 582Ajay Mahasukhlal Shah v. Chandrakant Babulal Shah and Ors. 2023 LiveLaw (Bom) 583Hitachi Astemo Fie Pvt. Ltd. v. Nirajkumar Prabhakarrao Kadu 2023 LiveLaw (Bom) 584Sughosh Joshi v. ECI and Anr. 2023 LiveLaw (Bom) 585Special Director, Directorate of Enforcement v. Jaipur IPL Cricket Pvt. Ltd. 2023 LiveLaw (Bom) 586National Insurance Co. Ltd. v. Lauretta Shashi Mogale and Ors. 2023 LiveLaw (Bom) 587Tribhuvansingh Raghunath Yadav v. State of Maharashtra 2023 LiveLaw (Bom) 588Alka Bhausaheb Bhad v. Bhausaheb Ramrao Bhad 2023 LiveLaw (Bom) 589Maharashtra Eastern Grid Power Transmission Company Ltd. v. Collector of Buldhana and Ors. 2023 LiveLaw (Bom) 590Star Engineers (I) Pvt. Ltd. Versus Union of India 2023 LiveLaw (Bom) 591Reports/JudgmentsCourt Cannot Rewrite Criteria Set By Expert Body: Bombay High Court Upholds Physical Education Degree Holders' Eligibility As Sports CoachesCase Title: Dadaso Balaso Awad and Anr. v. State of Maharashtra and Ors.Citation: 2023 LiveLaw (Bom) 577The Bombay High Court 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 that only diploma holders from NIS should be considered for the post of Sports Coach. “This Court cannot lay down the conditions of eligibility, much less can it deal with the issue of whether the desirable qualifications is on par with the prescribed other qualification. This would amount to re-writing the advertisement by the Court which is not permissible. Question of equivalence/non-equivalence will also fall outside the domain of the Court”, the court held.Duty Of Stationary Truck's Driver To Use Parking Lights: Bombay High Court Enhances Compensation To Kin Of Deceased Biker In Fatal CollisionCase Title: Nita Narendra Nadgouda v. M/s. Garuda Carriers and Shipping (P) Ltd. and Ors.Citation: 2023 LiveLaw (Bom) 578Observing that the driver of a stationary vehicle on the road has the duty to turn on parking lights, the Bombay High Court 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 kin seeking higher compensation. “It is significant to note that the driver of the truck / trailer has not examined himself or any witness to prove that he had taken proper care to avoid the accident. The parking lights of the said truck were not on. It was the duty of the driver of the offending truck to put on the parking lights when the truck was stationed on the road…I am holding that there was 100% negligence of the driver of the truck”, the court held.Mumbai Air Pollution | High Court Directs BMC And MPCB To Jointly Inspect Major Public Projects For Compliance With Pollution Control NormsCase Title: High Court of Judicature at Bombay on its own Motion v. State of Maharashtra and Ors.Citation: 2023 LiveLaw (Bom) 579Bombay High Court directed Maharashtra Pollution Control Board and BMC to jointly inspect 7 major public projects in Mumbai to ensure compliance with pollution control norms and take legal action against non-compliant stakeholders.“We direct that the MCGM and the Pollution Control Board shall carry out a joint inspection of the 7 sites and immediately take requisite steps, pass orders and ensure that all the norms at these sites at least are followed. In case any of the stakeholders at these sites is found to be non-compliant, legal action shall also be taken by MCGM and MPCB”, a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Girish S Kulkarni said. The court was hearing a suo moto PIL on air pollution in Mumbai. Amicus Curiae, Senior Advocate Darius Khambata, drew attention to a news report highlighting the seven public project sites of the Municipal Corporation of Greater Mumbai (MCGM) which generated dust and caused air pollution. These sites are - road concretisation at suburban Bandra and Khar, the bullet train site at BKC, the Versova-Bandra sea link project, the Mumbai Metro-III, the Mumbai Coastal Road and the Mumbai Trans Harbour Link.Bombay High...

Bombay High Court Weekly Round-up: December 11 To December 17, 2023

Amisha Shrivastava

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