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

A weekly round-up of the significant judgements and orders passed by the Bombay High Court and other subordinate courts within its jurisdiction this week: 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 CourtCase 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 CourtCase 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 A Magistrate's Court at Pune has directed the police to investigate a private complaint against Baba Ramdev and Acharya Balkrishna, founder and director of Patanjali Ayurved for allegedly making "illegal" and "false claims" about their drug 'Coronil' being a cure for the covid-19 virus.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 5The 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...

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

Sharmeen Hakim

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