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...

'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...

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...

'He Has Suffered Mental Pain': Calcutta High Court Reduces Sentence For Conviction U/S 489B IPC In Appeal Pending Since 1986

The Calcutta High Court on Thursday reduced the sentence awarded to a man charged under Section 489B and Section 489C of the IPC for forging currency notes after observing that he had undergone mental agony due to long pendency of criminal proceedings. The appellant had been convicted only on April 13, 1986 in criminal proceedings initiated against him on December 28, 1983. Thereafter,...

VVIP Chopper Scam| Christian Michel James Interfered With Crucial Defence Equipment: ED Opposes Bail In Delhi High Court

The Delhi High Court today heard the Enforcement Directorate in the bail application filed by Christian James Michel, accused of bribery in the Rs 3,600 crore AgustaWestland Scam. ASG SV Raju appearing for the agency argued that this application should be rejected on the grounds of misrepresentation, false statements and not coming to the Court with clean hands. Appearing...

Wearing Hijab Is Fundamental Right Under Art. 14 & 25 Of Constitution, Educational Institutions Can't Restrict It: Student Moves Karnataka High Court

A writ petition has been filed in the Karnataka High Court by a Muslim girl student, seeking a declaration that wearing a hijab (head scarf) is a Fundamental Right guaranteed under Article 14 and 25 of the Constitution of India and is an essential practise of Islam. The student of the Government run Pre-University (PU) College for Girls in Udupi district, is aggrieved by the...