SC forms Medical Board for termination of 24-week pregnancy, Subrata Roy granted bail extension: Top judgments of the week

This week's trending news- Subrata Roy given an extension of bail and SC forms a medical board. Legal Weekly is a compilation of the landmark rulings passed by the Supreme Court and the High Courts of the country in one week. Read upon the relevant judgments and orders followed by legal news every Saturday.

Written by Sonakshi Awasthi | New Delhi | Updated: June 24, 2017 9:40 pm
medical termination of pregnancies act, supreme court, medical board, 24-week pregnancy Supreme Court constituted a Medical Board to ascertain the health of the 24-week pregnant woman and the foetus, wanting to terminate her pregnancy.

From Sahara Chief Subrata Roy’s bail extension to the Kerala High Court’s order on serving liquor in private functions, here is the round-up of the top rulings passed this week.

Subrata Roy granted 10 more working days for deposition of Rs 709.82 crore
S.E.B.I. vs. Sahara India Real Estate Corpn. Ltd. Ors.
Embattled Sahara chief, Subrata Roy, was granted an extra 10 days to deposit Rs 709.82 crore out of the remaining Rs 1,500 crore and an extended bail till July 5 by the Supreme Court on Monday. Out of Rs 1,500 crore, Roy has deposited Rs 790.18 crore with SEBI-Sahara account and the remaining shall be paid within 10 days as per the court’s direction.

Earlier in April on account of non-payment, the Supreme Court had passed an order to sell Roy’s property worth Rs 34,000 crore. On failure to refund Rs 24,000 crore to his investors, Roy was arrested in 2014 for not appearing in Court and later was directed to pay the amount in installments. Non-payment of the installments led to his judicial custody and attaching of his Amby Valley property worth Rs 39,000 crore in public auction.

Termination of 24-week pregnancy: SC constitutes a Medical Board
Sharmishtha Chakrabortty and Anr. v. Union of India Secretary and Ors.
The Supreme Court on Wednesday constituted a medical board of seven doctors of the SSKM Hospital in Kolkata to look into the plea of a 24-week pregnant woman’s request for termination. The Bench directed the medical board to submit a report by June 29 on diagnosing the health of the mother and the foetus.

Due to fetal abnormality, a pregnant woman moved the Supreme Court to terminate her 24-week pregnancy. The Medical Termination of Pregnancy Act, 1971 (MTP) allows an abortion in case of a fetal abnormality but restricts the same, post 20-week of pregnancy. The petition challenged the constitutional validity of the said provision under the MTP Act, which puts a limitation on the termination of a pregnancy based on the 20-week length of the said pregnancy. The Federation of Obstetric and Gynecological Societies of India (FOGSI) stated that in case of a fetal abnormality, a woman should be allowed to go through an abortion otherwise the child born out of such pregnancy will be born severely handicapped.

Legal consultants are not lawyers: Gujarat HC
Jalpa Pradeepbhai Desai vs. Bar Council of India
A law graduate from Maharaj Sayaji Rao University placed as a legal consultant at Gujarat Industrial Development Corporation was denied enrollment as a lawyer by the Bar Council of India (BCI) and the decision of the BCI was upheld by the Gujarat High Court.

Employed for her services and drawing Rs 25,000 every month, the high court mentioned Rule 49 of the Bar Council of India Rules in its order. Rule 49 states that no lawyer shall be a full-time employee of any organization, corporation, firm, person or government and on information to the BCI, that person shall cease to be a lawyer thereon.

No license needed to serve liquor in private functions: Kerala HC
The Kerala High Court Bench ruled that no license is required to serve liquor in private functions held at an individual’s house. However, the court directed the petitioner to not exceed the limit of storing liquor in the house prescribed in the Kerala Abkari Act.

The petitioner stored liquor at his residence for the purpose of hosting a baptism function and contended that he did not violate the law stated under the Abkari Act regarding serving of liquor in public places.

10 years imprisonment to the convict and 8 lakh to the acid attack victim
After passing an order directing a hefty compensation for the acid attack victims last week, the Uttarakhand High Court convicted a man for throwing acid on a 20-year-old postgraduate student, sentencing him to 10 years imprisonment with a fine of Rs. 10,000. The convict and the state were further directed to pay Rs 5 lakh and Rs 3 lakh respectively as compensation to the victim within four weeks.
Taking a severe stand on the matter, the high court convicted the accused with attempt to murder under the Indian Penal Code. “We are of the opinion that no lenient view can be taken, taking into consideration the circumstances in which the acid was thrown on the helpless victim.”

19 lakh compensation to the family of the deceased homemaker: MACT
The Motor Accident Claim Tribunal (MACT) awarded a compensation of Rs. 19 lakh to the family of the 38-year-old, who died in a road accident when a truck collided with the car of the mother and daughter riding in it.
The Tribunal lauded the women homemakers and the amount of work they put in their daily lives. Considering the victim’s age and the loss of love and affection to the family, the Tribunal awarded Rs 18 lakh and Rs 1.7 lakh to the daughter respectively for the pain and suffering.

LEGAL NEWS

Justice (Retd.) CS Karnan refused bail: A day after the arrest of former Calcutta High Court Justice (Retd.) CS Karnan, the Supreme Court refused to hear his plea for interim bail and the suspension of six-month sentence awarded for contempt of court. The vacation bench stated it did not have power to override the order passed by the seven-judge bench in the matter.

Cyrus Mistry sued for Rs. 500 crore: Managing Trustee of Sir Dorabji Tata Trust R. Venkataramanan has sued the former Tata Sons chairman Cyrus Mistry for Rs. 500 crore under criminal defamation causing “irreparable damage to his reputation”. Venkat alleged, an email sent by Mistry to Tata Sons’ directors and trustees contained defamatory statements.

No stay on ban on fixed dose combination drugs: The Delhi High Court did not allow a stay on a government notification banning five fixed dose combination drugs. The petitioner contested the ban imposed by the Department of Health and Family Welfare and challenged its validity stating that they were not given a three-month prior notice and neither a chance of being heard by the government. Department of Health and Family Welfare banned fixed dose combination (FDC) of Nimesulide with Levocetirizine, combination of Ofloxacin with Ornidazole injection; combination of Gemifloxacin with Ambroxol; combination of Etodolac with Paracetamol with immediate effect.

“If this is the fate of woman who is working as research assistant in the National Women Commission, what will be the plight of ordinary women outside the NCW?” :
A research assistant employed at the National Commission for Women (NCW) alleged sexual harassment against the Deputy Secretary and appealed before the Central Information Commission (CIC). The woman further claimed she was refused an extension of her term for raising her voice. Thereafter, she filed an RTI application seeking correspondence regarding extension of employment contract, inquiry report and statement of witnesses. However, her application was denied on the grounds of seeking third-party information. Directing an investigation into the complaint filed and cleansing the RTI wing, the CIC said, “The submission of the appellant reflect an unhealthy environment at workplace in the forum which is supposed to protect the rights of women…”

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