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Bombay High Court Monthly Digest: January 2022
1. 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 Citation: 2022 LiveLaw (Bom) 1 The Bombay High Court has directed the state Government to forthwith constitute medical boards based on the Amended Act...
'Vague Reference To Previous Medical Treatment' : Calcutta HC Dismisses Plea Of Legal Insanity, Upholds Life Sentence Of Man For Murdering His Mother
The Calcutta High Court has recently upheld the life sentence awarded to a man for murdering his mother by dismissing his plea of legal insanity.A Bench comprising Justices Joymalya Bagchi and Kausik Chanda while dismissing the plea of legal insanity underscored, "I find it difficult to persuade myself that the appellant had discharged his onus to establish that he committed the crime...
Gujarat HC Issues Notice To 'Institute Of Advanced Research, Gandhinagar' Over Alleged 'Illegal' Dismissal Of Its Academic Dean
The Gujarat High Court today issued a notice to the Institute of Advanced Research, Gandhinagar, a private University, on a plea filed by its Assistant Professor and Dean (Academic) challenging his illegal, unjust, unfair, and perverse dismissal on fabricated charges.The Bench of Justice Biren Vaishnav was hearing the plea filed by Professor Gurudatt Gaur who was suddenly dismissed from the...
Author Of Tender Document Is The Best Person To Interpret Its Documents And Requirements, Reiterates Supreme Court
The author of the tender document is the best person to interpret its documents and requirements, the Supreme Court reiterated in a judgment delivered on Monday (31 Jan 2022)The bench comprising Justices Dinesh Maheshwari and Vikram Nath observed that the interference by the Court would arise only if the questioned decision suffers from illegality, irrationality, mala fide, perversity,...
'Examine CCTV Footage': Calcutta High Court Calls For Reports From Police & Zoo Authorities On Outsiders' Entry Over Control Of Workers' Union
The Calcutta High Court on Monday took cognisance of incidents of alleged trespass at the premises of the Kolkata Zoological Garden popularly known as the Alipore Zoo over control of its employees' trade union. The police authorities and the Zoo authorities were directed to submit detailed reports in this regard by February 2 pursuant to the examination of the relevant CCTV footage....
Assembly Elections 2022: Delhi HC Refuses To Entertain Congress Leader's Plea To Postpone Polls In Five States Amid Third COVID Wave
The Delhi High Court on Monday refused to entertain a plea filed by Congress Leader Jagdish Sharma seeking postponement of polls in States of Uttar Pradesh, Punjab, Manipur, Uttarakhand and Goa in view of the growing cases of new Covid-19 variant Omicron. The Bench of Justice Vipin Sanghi and Justice Jasmeet Singh expressed their displeasure and termed the petition as "frivolous" amid decline...
Unexplained Delay & Laches Enough For Court To Not Exercise Its Extraordinary Jurisdiction Under Art. 226: Gujarat High Court
The Gujarat High Court has held that unexplained delay or laches in filing the writ petition is a sufficient cause for a Court to refrain from exercising its extraordinary discretionary powers under Article 226 of the Constitution. In an appeal challenging the settlement arrived at in conciliation proceedings a decade ago, a bench comprising Chief Justice Aravind Kumar and Justice...
'Marital Rape Will Remain Condoned Unless Criminalized, Marriage Not License To Ignore Consent': Adv Karuna Nundy Argues In Delhi HC
The Delhi High Court on Monday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.Advocate Karuna Nundy argued before a bench of Justice Rajiv Shakdher and Justice C Hari Shankar that until the act of marital rape becomes an explicit offence, it...
CBSE Class XII : Supreme Court Asks School Result Committee To Examine Students' Grievances Over Valuation
In a writ petition filed by Class XIIth passed out students aggrieved by the alleged failure of the CBSE and Sidana International School's failure to implement the evaluation procedure prescribed in the Evaluation Policy dated February 17, 2021 the Supreme Court today directed the School Result Committee to decide the student's representation within 2 weeks.The bench of Justices AM Khanwilkar...
Delhi High Court Cancels Bail Of 72 Yrs Old Accused In POCSO Case
Earlier this month, the Delhi High Court cancelled the bail granted to a 72 years old man, who is accused of raping a 7 years old girl child and is booked for the offence of Rape under Section 376 IPC and Penetrative sexual assault under Section 4 of the POCSO Act. The petitioner/ complainant had filed a petition under Article 227, read with Section 439(2) CrPC, assailing the...
[Child Custody] Habeas Writ Lies Only If Minor Is Detained By A Person Who Isn't Entitled To His/Her Legal Custody: Allahabad HC
The Allahabad High Court has observed that the power of the High Court in granting a writ of Habeas Corpus in child custody matters may be invoked only in cases where the detention of a minor is by a person, who is not entitled to his/her legal custody.In view of this, the Bench of Justice Raj Beer Singh dismissed a Habeas plea filed by the mother of a 5-year-old girl seeking minor's custody...











![[Child Custody] Habeas Writ Lies Only If Minor Is Detained By A Person Who Isnt Entitled To His/Her Legal Custody: Allahabad HC [Child Custody] Habeas Writ Lies Only If Minor Is Detained By A Person Who Isnt Entitled To His/Her Legal Custody: Allahabad HC](https://www.livelaw.in/h-upload/2020/07/23/500x300_378710-allahabad-high-court.jpg)