Bombay High Court Weekly Roundup: January 3 To January 8, 2022

Bombay High Court Orders Constitution of Medical Boards For Medical Termination Of Pregnancy As Mandated under the MTP Act

Case Title- XXX vs State of Maharashtra Case No. – Writ Petition (L) NO.31015 OF 2021

The Bombay High Court has directed the state Government to forthwith constitute medical boards based on the Amended Act on medical termination of pregnancy so as to not cause hardships to women seeking termination of pregnancy.

The bench observed that Section 3(2)(b) of the Medical Termination of Pregnancy (Amendment) Act, 2021 has increased the limitation to undergo medical termination of pregnancy from the earlier 20 weeks to 24 weeks. It further added that section 3(2B), in fact, carved out an exception in cases of foetal abnormalities and did not limit such termination to the 24 weeks period otherwise provided in the subsection.

'Nobody Has A Fundamental Right To A Public Holiday': Bombay High Court

Case Title - Kishnabhai Nathubhai Ghutia & Anr Vs The Hon'ble Administrator Union Territory & Ors. Case No - Writ Petition (Civil Appellate Jurisdiction) - 9602 OF 2021

The Bombay High Court has held that declaring a public holiday is a matter of governmental policy, and there is nobody can claim a fundamental right to public holidays. A Divison Bench of Justices Gautam Patel and Madhav Jamdar observed, "There is no legally enforceable right that can be said to have been infringed. Nobody has a fundamental right to a public holiday."

IBC & Admiralty Act Interplay - Insolvency Proceedings Against Shipping Company Won't Bar Suit Against Vessel : Bombay High Court

Case Title - Case Title: Angre Port Private Ltd. Vs. TAG 15 (IMO. 9705550) & Anr Case No. - COMMERCIAL ADMIRALTY SUIT(L) NO. 4 OF 2020

In a significant judgment, the Bombay High Court has held that a Shipping Company slipping into liquidation under the Insolvency and Bankruptcy Code will not impact an ongoing Admiralty Suit against its Vessel as the two are separate entities. The judgement authored by Justice BP Colabawalla explains the interplay between the bar against further suits and proceedings under S.33 (5) of the IBC, 2016 and the Admiralty Act and the effect that insolvency proceedings would have on admiralty claims. The judgement also holds that Penal Birth Hire charger are not in the nature of a penalty and therefore damages would not have to be proved as required under Section 74 of the Indian Contract Act.

S 12 -Legal Representative Cannot Seek Compensation Under Domestic Violence Act AfterWoman's Demise – Bombay High Court

Case Title - Ms. Kanaka Kedar Sapre & Mrs. Sudha Mukund Shukla (Mother) vs . Kedar Narhar Sapre & others Case No.- Cri WP 2790 of 2021

The Bombay High Court ruled that an aggrieved person, as defined under the Protection of Women from Domestic Violence Act (DV Act), "must be alive at the time of filing of the petition", and someone cannot file an application for monetary reliefs under the act after her demise.

The court dismissed an application filed by a minor girl (through her maternal grandmother) "on behalf of her mother" seeking monetary reliefs, streedhan and compensation against her father and paternal grandparents.

Other Significant Developments

Pune Court Orders Investigation Against Patanjali's Baba Ramdev, Acharya Balkrishna For Projecting Coronil As Covid-19 Cure

Judicial Magistrate PV Sapakal directed a police investigation under section 202 of the CrPC to probe allegations made by Madan Kurhe, a final year law student. The court said that since the accused reside beyond the court's jurisdiction "it is necessary to postpone the issue of process against the alleged accused."

Can Varavara Rao Be Sent To Prison Amid Covid-19 Surge? Bombay HC Extends Time To Surrender Till February 5

The Bombay High Court on Friday extended Telugu poet Varavara Rao's time to surrender before prison authorities till February 5, while posting his application for extension of medical bail for further consideration on February 4. A division bench of Justices SS Shinde and NR Borkar expressed concern about the speed at which the third wave is spreading and inquired if Rao could be sent back to prison during this time.

Godman Kalicharan Maharaj Granted Bail In Pune Hate Speech Case But To Remain In Prison

A Judicial Magistrate's Court in Pune has granted bail to 'godman' Kalicharan Maharaj alias Abhijit Srag in a case of alleged inflammatory speech and hurting religious sentiments. The alleged hate speech was delivered during 'Shiv Pratap Din' program on December 19, 2021, organised to celebrate the killing of Adilshahi commander Afzal Khan by Chhatrapati Shivaji Maharaj in 1659.

Additional Sessions Judge Have No Power To Transfer Cases Under S.408 CrPC- Mumbai Court Dismissed Kangana Ranaut's Application To Transfer Defamation Suit Filed By Javed Akhtar

Case Title: Kangana Ranaut vs Javed Akhtar & State of Maharashra Case No: Cr Rev Appli 251 of 2021

A Sessions Court in Mumbai has rejected actress Kangana Ranuat's revision application which sought to set aside an order passed by the in-charge Chief Metropolitan Magistrate (CMM) in the defamation case filed by lyricist Javed Akhtar. By that order passed on October 21, the in-charge CMM had rejected Ranaut's plea to transfer the defamation case filed by Akhtar against her to a different Magistrate.

BJP MLA Nitesh Rane Approaches Bombay High Court Seeking Anticipatory Bail In Attempt To Murder Case

BJP MLA Nitesh Rane, son of Union Minister Narayan Rane, has approached the Bombay High Court seeking pre-arrest bail in an alleged attempt to murder case in Sindhudurg, Maharashtra. A Sessions Court had, earlier, denied anticipatory bail to him and a co-accused Sandesh Sawant. The Kankavli Police booked them under sections 307, 120(B) read with 34 of the Indian Penal Code.

The State has made an oral statement not to arrest him till the next date of the hearing, on January 12, 2022.