Bombay High Court Weekly Round Up - News Updates [28 August - 2 September]

Read Time: 11 minutes

1. [Termination of Pregnancy] A division bench of the Bombay High Court recently granted permission to a 32-year-old woman to terminate her 26-week pregnancy. The court was hearing the plea filed by the woman, in which she requested the formation of a Medical Board to assess the fetal anomalies. Following the receipt of the board's report, she sought permission to terminate her pregnancy.

Bench: Justice Revati Mohite Dere and Justice Gauri Godse.

Case title: XYZ vs State of Maharashtra.

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2. [Anti-Defection] A Public Interest Litigation (PIL) has been filed before the Bombay High Court, seeking to declare para 4 of Schedule 10 of the Constitution of India as ultra vires, asserting that it violates the fundamental structure of the Constitution by exempting lawmakers from disqualification upon merging with another political party. Meenakshi Menon, the founder of NGO Vanshakti, has filed a Public Interest Litigation (PIL) seeking directions from the court to prevent lawmakers who have defected from holding any constitutional posts or participating in legislative proceedings until their defection case is resolved.

Bench: Chief Justice Devendra K Upadhyaya and Justice Arif Doctor.

Case title: Meenakshi Menon vs UOI.

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3. [Dheeraj Wadhawan] A single judge bench of the Bombay High Court recently said that the DHFL promoter Dheeraj Wadhawan would get the necessary medical assistance but will not get any extra privileges. Wadhawan, an accused in the Yes Bank DHFL loan fraud case, was apprehended in April 2020 by the Central Bureau of Investigation. On July 14, a Special PMLA Court dismissed Wadhawan's interim medical bail application and granted permission for his medical treatment at a private hospital.

Bench: Justice Bharathi Dangre.

Case title: Dheeraj Wadhawan vs CBI.

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4. [Bhushan Kumar] A division bench of the Bombay High Court last week said that it will hear the plea filed by Bhushan Kumar, Chairman and CEO of T-Series, seeking the quashing of a rape case, on the September 4. Bhushan Kumar, the son of Gulshan Kumar, has been accused of repeatedly raping a woman under the pretext of offering her a job within his music record label and film production company. The woman has claimed that she was subjected to multiple instances of sexual assault from September 2017 to August 2022.

Bench: Justice Nitin W Sambre and Justice Rajesh Patil.

Case title: Bhushan Kumar vs State of Maharashtra.

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5. [Sassoon Docks] On Wednesday, a division bench of the Bombay High Court last week emphasized the necessity of modernizing Sassoon Docks to effectively address the pollution concerns stemming from fishing activities in Colaba. The high court was hearing a public interest litigation wherein the petitioner alleged that the roads of Colaba starting from the gates of Sassoon Docks right to the Mumbai Port Trust Garden have been used for fish cleaning & chopping exercises, especially prawns pealing carried out in the open areas and even on roads causing a filthy and unhygienic environment.

Bench: Chief Justice Devendra K Upadhyaya and Justice Arif Doctor.

Case Title: Renu Kapoor & Ors vs UOI & Ors.

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6. [Bail To Man Who Killed Pregnant Wife] A single judge bench of the Bombay High Court has denied bail to a man accused of killing his 12-week pregnant wife. The court was considering a bail application filed by the man who had been charged under Section 302 of the Indian Penal Code for the alleged murder. The accused was taken into custody by the Karkad City Police Station on September 12, 2018, following the registration of an FIR against him.

Bench: Justice MS Karnik.

Case title: Raghu vs State of Maharashtra.

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7. [Redevelopment of BMC Buildings] The Bombay High Court’s division bench recently expressed their disapproval of the Brihanmumbai Municipal Corporation (BMC) for not having an organized system to oversee the development of buildings owned by the body. The high court was hearing a plea filed by 30 residents who were residing in a structure owned by BMC in Byculla. The division bench in its order said that it was an unacceptable state of affairs when it comes to development supervised by the MCGM.

Bench: Justice GS Patel and Justice Kamal Khata.

Case title: Shakil Mohammed & Ors vs State of Maharashtra & Ors.

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8. [Bail To Woman Forcing Minor Into Prostitution] A single-judge bench of the Bombay High Court has recently granted bail to a man booked for forcing a Bangladeshi minor into prostitution. The high court was considering a bail plea of a woman who was booked under the Indian Penal Code, Immoral Traffic (Prevention) Act, 1956,  Protection of Children from Sexual Offences Act, and Foreigners Act, 1946. The FIR was registered against the woman on 30th November 2018 and she was arrested on 1 December 2018.

Bench: Justice MS Karnik.

Case title: Jannatul Firdous Roy vs State of Maharashtra.

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9. [Release of Man Held On Behest Of Wife] A division bench of the Bombay High Court (HC) has ordered the release of Pratap Jivani, who was held at a rehabilitation centre in Bhiwandi based on his wife’s request. The division bench was hearing a habeas corpus petition by the detained man’s cousin, who took action after Jivani’s brother, who was in Dubai, expressed concerns about Jivani’s urgent hernia surgery.

Bench: Justice Revati Mohite-Dere and Justice Gauri Godse.

Case title: ABC vs XYZ

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