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MADHYA PRADESH HIGH COURT | “Time is a valuable Resource’; Policy review directed in PIL against ‘displaying long advertisements in movie theatres’
In a Public Interest Litigation (PIL) filed by a law student raising concern regarding the practice of multiplex cinemas displaying extended advertisements before movie screenings, causing delays beyond the showtime mentioned on movie tickets, a Division Bench of Anand Pathak* and Hirdesh, JJ., instructed the relevant authorities to objectively consider and deliberate upon the issue with all stakeholders and formulate regulations or guidelines. The Court further expressed that the authorities are expected to engage in meaningful discussions, acknowledging that “time is a valuable resource.” Read more HERE
ARBITRATION
BOMBAY HIGH COURT |LLP bound by arbitration proceedings relating to its operations/governance, despite not being signatory to LLP Agreement
In the present case, an application was filed under Section 11 of the Arbitration and Conciliation Act, 1996 (‘the Arbitration Act’), wherein the issue that arose for consideration was “whether disputes between partners of a limited liability partnership (‘LLP’) and the LLP could at all be covered by the arbitration agreement contained in a LLP agreement to which the LLP was not a signatory?”. A Single Judge Bench of Somasekhar Sundaresan, J., opined that the subject matter of the LLP Agreement included duties owed by partners to the LLP and duties owed to the partners by the LLP. Thus, this would render the LLP a necessary party to the arbitration proceedings relating to the LLP’s operations and governance, despite the LLP not being a signatory to the LLP Agreement. The Court opined that despite the existence of an arbitration clause in the LLP Agreement and in Item 14 of the First Schedule, the contention that the LLP itself was extraneous to the LLP Agreement governing the LLP, was untenable and frivolous. The Court thus appointed Justice (Retd.) Manoj Sanklecha, a former judge of this Court, and failing him (due to any conflict) Justice (Retd.) Gautam Patel, a former judge of this Court, as the nominee arbitrator of the respondents. Read more HERE
AVIATION LAW
RAJASTHAN HIGH COURT | Directions issued for Aviation Infrastructure Development in Jodhpur
In a Public Interest Litigation (PIL) concerning aviation infrastructure development in Jodhpur, a Division Bench of Pushpendra Singh Bhati and Chandra Prakash Shrimali, JJ., expressed concern over continuous timeline extensions and the slow pace of development and issued directions to various stakeholders to submit affidavits and policy reports to ensure timely development of aviation infrastructure. Read more HERE
ARTICLE 12
ALLAHABAD HIGH COURT | Companies complying with rules of Ministries and Public Regulators are not ‘State’ under Article 12, unless under pervasive Government control
In a matter concerning the issue of maintainability of the writ petition, the division bench of Shekhar B. Saraf * and Vipin Chandra Dixit, JJ. stated that the mere fact that private companies comply with the rules and regulations established by the various Ministries and public regulators do not by itself bring them within the meaning of ‘State’ under Article 12 of the Constitution, as these companies are not under the pervasive control (functionally, financially and/or administratively) of the Government of India. Thus, the petitioners were pursuing the wrong course by seeking relief under writ jurisdiction, as Nayara Energy Limited (‘NEL’) (formerly Essar Oil Limited) does not fall within the definition of ‘State’ as enunciated and explicated by the Supreme Court within the ambit of Article 12 of the Constitution of India. The Court also extracted the principles that would apply to make a company amenable to writ jurisdiction. Read more HERE
BAIL
GAUHATI HIGH COURT | Read why the interim anticipatory bail granted to YouTuber Ashish Chanchlani was made absolute in India’s Got Latent controversy
A Single Judge Bench of Mridul Kumar Kailta, J., made the interim anticipatory bail granted to Youtuber Ashish Chanchlani vide order dated 18-022025 absolute. On 18-02-2025, the Court had granted him anticipatory bail for an FIR lodged against him by the Gauhati Police for promoted obscenity and engaged in sexually explicit and vulgar discussion on India’s got latent show. Read more HERE
KERALA HIGH COURT | ‘Mental condition of youngsters in our country is astonishing and disturbing’; Bail granted to 25-year-old who attacked mother over money refusal
In a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), P.V. Kunhikrishnan, J. noting that retaining the accused in detention would serve no purpose and would only prolong the trauma for his mother, granted bail to him, subject to stringent conditions. Read more HERE
BOMBAY HIGH COURT | Bail granted to woman accused of inflicting burn injuries on her niece for spending Rs 10 on chocolates
The applicant sought regular bail in a case registered with Malwani Police Station, Mumbai, for the offences punishable under Sections 307 and 506(2) of the Penal Code, 1860; Section 5(j)(1) of the Protection of Children from Sexual Offences Act, 2012; and Section 75 of Juvenile Justice Act, 2015. A Single Judge Bench of Shivkumar Dige, J., noted that the applicant was alleged to have inflicted burn injuries on the private part and thigh of the victim. The Court, after considering the incarceration period of the applicant of more than 4 years and 6 months, directed that the applicant should be enlarged on bail. Read more HERE
COSTS
MADRAS HIGH COURT | 5 lakh cost imposed on State for re-agitation of matter already settled by Supreme Court
In a writ appeal filed under Clause 15 of the Letters Patent, against the order dated 20-11-2023, challenging the order of the single Judge, wherein it was directed approval of the appointment of a Sanitary worker in the St. Christopher’s College of Education (‘College’) which is a minority Institution, the division bench of R. Subramanian* and G. Arul Murugan, JJ. said that no doubt, the Government has the power to regulate appointments in Government aided Colleges but, that cannot be done by way of administrative orders which run contrary to the rules that are already in force. Read more HERE
CRIMES AGAINST WOMEN AND CHILDREN
KERALA HIGH COURT | KeLSA authorised to lead awareness campaign against child marriages in Wayanad’s tribal communities
In a suo motu petition concerning the practice of child marriage prevalent among the members of the tribal communities in Wayanad District, the division bench of Nitin Jamdar*, C.J and S. Manu, J. directed the State to implement the action plan by conducting awareness programs against child marriage in all upper primary, high, and higher secondary schools in Wayanad District within three months, with support from the Education and Tribal Departments. These departments are tasked with ensuring that every student attends at least one session per year. Additionally, similar awareness programs are to be conducted in tribal settlements within three months, with the involvement of the Tribal Department, Scheduled Tribe promoters, and para-legal volunteers. These programs are to be continued annually, utilizing the Gothra Vardhan Scheme to ensure better implementation. The Court also suggested screening films that address the issue of child marriage at various venues during these awareness programs and circulating posters highlighting the harmful effects of child marriage in tribal settlements and schools. Read more HERE
KERALA HIGH COURT |Attempt to commit unnatural sex with minor boy; Convict’s sentence reduced to imprisonment for a day
In a criminal appeal filed by the convict, under Section 374(2) of the Code of Criminal Procedure, 1973 (‘CrPC’), challenging the conviction order and sentence passed against him for the offences punishable under Sections 377 and 506 Part II of the Penal Code, 1860 (‘IPC’), C.S. Sudha, J. highlighted that sexual offences against children and women are on the increase. Hence invoking the provisions of the Probation of Offenders Act, 1958 (‘PO Act’) may send a wrong message to society at large. However, considering the age of the convict at the time of the commission of the offence and the nature of the offence made out from the materials on record, reduced the substantive sentence of 4 years imprisonment to imprisonment for a day till the rising of the Court and to payment of compensation of ₹25,000/ to the minor boy under Section 357(3) CrPC. Read more HERE
CUSTOM
DELHI HIGH COURT | “Judicial time wasted”; Customs Department slammed for non-appearance and lack of coordination
A petition was filed by the petitioner under Article 226 of the Constitution seeking the release of his gold jewellery that had been detained by the Customs Department. A division bench of Prathiba M. Singh and Justice Rajneesh Kumar Gupta, JJ., directed release of the gold jewellery and held that the detention of the gold jewellery was illegal as it violated principles of natural justice, since the Customs Department failed to issue a show cause notice or provide a hearing before confiscation, and detained jewellery that was clearly personal. Read more HERE
DEFAMATION
DELHI HIGH COURT | No early hearing of RSS Member’s plea for quashing proceedings; Malviya undertakes to seek adjournment of Trial
In an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) for speedy hearing filed by Santanu Sinha, a Rashtriya Swayamsevak Sangh (‘RSS’) member, who was being prosecuted for criminal defamation against Amit Malviya (‘respondent 2’), a BJP politician, President of I.T. Cell, Co-In charge of West Bengal Chapter, regarding a Facebook post, a Single Judge Bench of Manmeet Pritam Singh Arora, JJ., considering Malviya’s undertaking that he shall seek an adjournment in the complaint case before the Trial Court and request the Trial Court for adjournment till after a hearing in the present petition for quashing the proceedings, disposed of the plea for early hearing. Read more HERE
ENVIRONMENT LAW
BOMBAY HIGH COURT | Adani Cementation Ltd. permitted to cut 158 mangroves trees for jetty construction to transport cement
In the present case, the petitioner-Adani Cementation Ltd. approached this Court seeking issuance of writ of mandamus or any other writ/order or direction, directing the respondents/authorities to permit it to carry out the work of construction of a berthing/captive jetty to facilitate transportation of cement, clinker, and other raw material through waterways along with a conveyor corridor and an approach Road to the proposed cement grinding and fly ash/slag processing unit, a backup storage unit in Shahapur and Shahabaz in Raigad for meeting the increasing need for cement of Mumbai Metropolitan Region. The Division Bench of Alok Aradhe, C.J., and Bharati Dangre*, J., granted the requisite permission of cutting down a total number of 158 mangrove trees and shrubs to set up a cement manufacturing unit along Amba River in Shahapur and Shahabaz Taluka in Raigad District, as the requisite statutory permissions were granted in favour of the Project, subject to strict compliance of the conditions ensuring protection of ecology and environment. Read more HERE
MEGHALAYA HIGH COURT |‘No cutting of trees unless imminently dangerous’; Directions issued to State on manner for processing tree felling applications
In a public interest litigation petition to prevent illegal or irregular felling of trees in the Lower New Colony area, Laitumkhra, Shillong, the Division Bench of Chief Justice IP Mukerji and W. Diengdoh, J. stated that no tree should be cut unless it is imminently dangerous and would cause substantial damage if allowed to stand. The Bench issued directions for the manner/ process to be opted while dealing with such applications. Read more HERE
HABEAS CORPUS
RAJASTHAN HIGH COURT | Man in live-in relationship with his married sister has no right to file Habeas Corpus petition
In a habeas corpus petition seeking a direction upon the State authorities for the production of ‘X’, a 32-year-old married woman, with whom the petitioner claimed to be in a live-in relationship, a Division Bench of Madan Gopal Vyas and Shree Chandrashekhar,* JJ., dismissed the petition and held that “in no case, a person who claims live-in relationship with a married woman who is his own sister and makes a vague statement that ‘X’ is under illegal confinement of her husband and uncle-in-law can maintain a habeas corpus petition.” Read more HERE
HUMAN AND CIVIL RIGHTS
RAJASTHAN HIGH COURT | ‘Don’t disturb communal harmony’; Notification creating new revenue village named after local deity “Gogaji”, quashed
In a bunch of writ petitions filed challenging notifications issued by the State Government for the creation of new revenue village and naming it after local deity “Gogaji”, a single-judge bench of Vinit Kumar Mathur, J., ruled in favor of the petitioners, quashed the notifications and emphasised on the need to follow established guidelines for naming new villages, thereby not disturbing the communal harmony in the society. Read more HERE
INTELLECTUAL PROPERTY
BOMBAY HIGH COURT | ‘Violates Director Karan Johar’s personality rights’; Release of film “Shaadi Ke Director Karan Aur Johar” refused
In the present case, the applicant-plaintiff was seeking an interim injunction restraining the respondents-defendants from using his name “Karan Johar” together, or in parts and from using the attributes of his personality in the film’s title “Shaadi Ke Director Karan Aur Johar”/“Shaadi Ke Director Karan Johar” (‘the film’), in the trailers, and in any other promotional materials including that which was posted on social media platforms, website of the respondents, hoardings/advertisements in public places. A Single Judge Bench of R.I. Chagla, J., held that the relief sought for by the applicant was required to be granted as the respondents, by unauthorizedly using the applicant’s name and personality attributes in the title of the film prima facie violated his personality rights, publicity rights, and right to privacy. Read more HERE
DELHI HIGH COURT |₹11 lakh relief granted to Puma SE in trademark infringement case against counterfeit manufacturer
A suit was filed by Puma SE (plaintiff) seeking permanent injunction restraining the defendant from infringing its trademarks, along with reliefs for unfair competition, rendition of accounts, damages, and delivery up of the infringing goods. Mini Pushkarna, J., decreed the suit in favor of the plaintiff, granting a permanent injunction restraining the defendant from manufacturing, selling, or dealing in counterfeit Puma-branded products. Read more HERE
DELHI HIGH COURT | Relief granted to Kiranakart Technologies for its quick commerce platform Zepto; Cancellation of ‘ZEPTO’ trade mark registered by an individual in 2014, directed
In a rectification petition filed under Sections 47 and 57 of the Trade Marks Act, 1999 (‘the Act’) seeking cancellation/ removal of the trade mark ‘ZEPTO’ in the name of Respondent 1 (hereinafter ‘impugned mark’) from the Register of Trade Marks, Amit Bansal, J., held that the impugned mark was liable to be removed from the Register of Trade Marks under the provisions of Section 47(1)(b) of the Act. Accordingly, the Court allowed the present petition and directed the Registry to remove the impugned mark ‘ZEPTO’, in the name of Respondent 1 from the Register of Trade Marks. Read more HERE
DELHI HIGH COURT | Permanent injunction granted in favour of Eureka Forbes; Trade mark and copyright infringement of Aquaguard’s spare parts, restrained
In a suit filed by Eureka Forbes Limited (‘the plaintiff’) seeking permanent injunction restraining the defendants from infringing the trade mark and copyright of the plaintiff, passing off their goods as that of the plaintiff, along with other ancillary reliefs, Amit Bansal, J., stated that since, Defendant 3 had failed to take any requisite steps to contest the present suit, despite having suffered an ad interim injunction order, the Court stated that it was evident that he had no defence to put forth on merits. Thus, the Court granted a decree of permanent injunction in favour of the plaintiff and against Defendants 3. Further, a decree of damages and costs of Rs. 2,00,000 was passed in the plaintiff’s favour and against Defendant 3. Read more HERE
DELHI HIGH COURT | ₹10 Lakh damages granted in Ramada Trademark infringement case; ClubRamada restrained from using ‘Ramada’ MarkÝ
A suit was filed by ‘Ramada International Inc.’ (plaintiff) seeking permanent injunction restraining ‘ClubRamada Hotels and Resorts Private Limited’ (defendants) from infringing and using the impugned marks i.e., ‘CLUB RAMADA’, ‘CLUB RAMADA HOTELS AND RESORTS’, ‘CLUB RAMADA VACATION’ and ‘HOLIDAYS BY CLUB RAMADA VACATION’ and any other deceptively similar mark to that of plaintiff’s. Mini Pushkarna, J., granted permanent injunction to the plaintiff in its favour restraining the defendants from using the infringing ‘Ramada’ mark and awarding ₹10 lakh in damages for trademark infringement. Read more HERE
JUDICIAL RECRUITMENT
PUNJAB AND HARYANA HIGH COURT | Relief denied to judicial aspirants whose appointments were cancelled due to 2002 Recruitment Scam
In a writ petition filed against impugned orders whereby the petitioners’ claim for recruitment as Punjab Civil Service (Judicial Branch) Officers was rejected, the Division Bench of Sheel Nagu, CJ., and Sumeet Goel, J., rejected the petition, holding that it was barred by laches. Read more HERE
LABOUR LAW
CALCUTTA HIGH COURT | Reduced workload does not affect casual workers’ right to regularization if engaged for substantial period
A petition was filed by Indian Oil Corporation Limited (IOCL) (petitioner) challenging the order dated 17-09-2024 passed by the Central Government Industrial Tribunal, Kolkata, in a matter pertaining to a dispute over the employment status and regularization of seven workmen engaged at the Aviation Fuel Station (AFS) of Dum Dum Airport. Shampa Dutt (Paul), J., dismissed the writ petition, holding that the Tribunal’s decision was in accordance with law and required no interference. Read more HERE
MAINTENANCE
BOMBAY HIGH COURT | ‘No concern of his obligation to maintain wife and daughters’; Husband sentenced to Civil prison for 6 months over contempt of maintenance order
The Division Bench of G.S. Kulkarni and Advait M. Sethna, JJ. stated that the husband-respondent (‘the contemnor’) was fully aware of the binding nature of the orders passed by this Court, and his obligation to pay maintenance to his wife-petitioner and his two daughters, as directed by this Court, in its order dated 10-4-2019. The Court opined that the present case was certainly not a case of a bonafide litigant and a reasonable, fair, and natural concern to maintain the petitioner and his own daughters was wholly lacking and deliberately neglected by the contemnor. The Court held that the contemnor was guilty of willful disobedience of the order dated 10-4-2019 and thus sentenced him to be detained in Civil prison for a period of six months. Read more HERE
MENTAL CRUELTY
MADHYA PRADES HIGH COURT | Compelling wife to discontinue her studies is equivalent to destroying her dreams & amounts to Mental Cruelty
In two appeals, arising from two separate judgments of the Family Court, challenging the dismissal of the wife’s petition for divorce on grounds of cruelty and the decree in favor of the husband for restitution of conjugal rights, a Division Bench of Vivek Rusia and Gajendra Singh,* JJ., set aside the both the order and decree and dissolved the marriage on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (Hindu Marriage Act). Read more HERE
MONETARY LAWS AND NORMS
BOMBAY HIGH COURT |‘Will facilitate receipt of legal tender’; RBI directed to accept demonetized bank notes worth Rs 20 lakhs seized before deposit deadline
n a case wherein the bank notes of denomination of Rs 500 and Rs 1,000 were seized from the petitioners on 26-12-2016, before they could deposit the said demonetized bank notes in the bank before the deadline, that is, 30-12-2016, the Division Bench of A.S. Chandurkar* and M.M. Sathaye, JJ., opined that the petitioners could be permitted to deposit the specified bank notes for the value of Rs 20,00,000 bearing the said serial numbers with Respondent 4, as this would facilitate receipt of legal tender for the said value by the petitioners. Read more HERE
QUASHMENT OF PROCEEDINGS/FIR
DELHI HIGH COURT | ‘Error in writing the correct figure in words would not make the cheque invalid’; Discharge order set aside
A criminal miscellaneous petition was filed under Section 482 of Criminal Procedure Code read with Article 227 of the Constitution of India, seeking to set aside the order dated 17-02-2021 passed by the Additional Sessions Judge (ASJ) in petition which set aside the order dated 24-09-2019 of the Metropolitan Magistrate (MM) summoning Respondent 2 in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (NI Act). Neena Bansal Krishna, J., set aside the order dated 17-02-2021 passed by the learned ASJ, holding that the complaint under Section 138 of the NI Act was maintainable despite the discrepancy in the amount mentioned in words and figures. Read more HERE
GAUHATI HIGH COURT | ‘Mere breach of a promise cannot give rise to criminal prosecution’; Criminal proceedings against doctor accused of cheating man of Rs 2 Lakhs, quashed
In a petition filed under Section 482 read with Sections 401 and 397 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking quashing of the order, whereby the Trial Court took cognizance of the offences under Sections 420 and 406 of Penal Code, 1860 (‘IPC’) against the accused as well as the criminal proceedings pending therein, a Single Judge Bench of Kaushik Goswami, J., allowed the petition holding that there seemed to be no misappropriation or fraudulent or dishonest intention of the accused at the beginning of the transaction thus, no case under Sections 420 and 406 of IPC could be made out. Read more HERE
DELHI HIGH COURT |“No ‘conscious possession’ of ammunition”: FIR quashed against pilot trainee but imposed cost for lack of vigilance
A petition was filed by the petitioner, a commercial pilot trainee under Article 226 of the Constitution of India seeking quashing of FIR registered at under Section 25 of the Arms Act, 1959. Sanjeev Narula, J., quashed the FIR and imposed payment of cost of Rs 25,000, as no case for prosecution was made out and the petitioner’s lack of vigilance led to unnecessary involvement of the state machinery, which could have been avoided with greater care. Read more HERE
RIGHT TO PRIVACY
MADHYA PRADESH HIGH COURT | Privacy concerns in photo-based attendance system acknowledge; Alternative attendance method suggested for female teachers & students
In an appeal against the dismissal of writ petition challenging the circular mandating teachers and students to mark attendance by submitting a JIO Tap Photo on WhatsApp to the Control Room at every school day, a Division Bench of Anand Pathak and Hirdesh, JJ., upheld the validity of the circular and emphasised on the importance of teacher accountability in ensuring quality education, especially in light of practice of proxy teachers. The Court also recognised the privacy concerns of female staff and students and directed the State to devise a secure alternative to WhatsApp-based attendance verification. Read more HERE
SERVICE LAW
GUJARAT HIGH COURT |‘Compassionate appointment policy cannot be misused’; Mother’s plea seeking compassionate appointment for major son from LIC, rejected
In an application filed by the petitioner against the rejection of her representations seeking compassionate appointment for her son from Life Insurance Corporation (‘LIC’), a Single Judge Bench of Nirzar S. Desai, J., dismissed the application, holding that the petitioner had no right to claim compassionate appointment on behalf of her major son. The Court also held that her application deserved to be rejected on the ground of suppression of facts because she suppressed material facts about her family’s financial condition which was one of the paramount conditions for the grant of compassionate appointment. Read more HERE
STAY
RAJASTHAN HIGH COURT | Demolition drive on accused’s properties stayed till next date of hearing in Beawar Sexual Exploitation Case
In a petition challenging the demolition notices based on alleged illegal construction issued against the petitioners, following the arrest of certain accused individuals including both of the petitioner’s grandsons allegedly involved in sexually exploiting minor girls, a single-judge bench of Mahendar Kumar Goyal, J., granted interim protection to the petitioners by maintaining the status quo, ensuring that no demolition takes place until next date of hearing. Read more HERE
RAJASTHAN HIGH COURT |“FIR against Arnab Goswami a tool for intimidating & silencing independent journalism”; Stay application allowed
In a petition filed by journalist Arnab Goswami, seeking stay and later quashment of FIR registered at Police Station Ambamata, Udaipur, under Section 153-A IPC (promoting enmity between different groups), in response to news concerning the demolition of a temple in Rajgarh, a single-judge bench of Farjand Ali, J., allowed the stay application and directed to not take coercive measures against the petitioner in connection with FIR until the disposal of the main petition. In the instant matter, the Petitioner was named in FIR registered at Police Station Ambamata, Udaipur, under Section 153-A IPC (Promoting enmity between different groups). The FIR was filed in response to news reporting by Republic Bharat, a Hindi news channel under the Republic Media Network, concerning the demolition of a temple in Rajgarh, Rajasthan. The Petitioner contended that he was neither involved in the editorial decision-making nor had any role in the telecast or debates related to the news reported by Republic Bharat, a Hindi news channel under the Republic Media Network. Read more HERE
PUNJAB AND HARYANA HIGH COURT |‘Suicide note did not reveal any serious fight in recent past’; Anticipatory bail granted to wife accused of abetting husband’s suicide
In an anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the accused-wife whose husband committed suicide, a Single Bench of Sanjay Vashisth, J., allowed the application, holding that the alleged suicide note did not reveal any serious fight or altercation between the couple which instigated the deceased to commit suicide and it was yet to be ascertained whether the deceased took such step due to the instigation of the accused or due to his weak mental health. The Court also considered the fact that the accused was a mother of two young children who required her daily care and there was no substantial material that had to be recovered from her possession. Read more HERE
GAUHATI HIGH COURT | Assam directed to complete enrollment of Public Information Officers and other Departments on RTI portals
In a PIL filed regarding non-compliance of the State of Assam with the Supreme Court’s directions of establishing online portals for all High Courts, the Division Bench of Vijay Bishnoi*, CJ., and Unni Krishnan Nair, J., disposed of the petition, holding that more or less all the issues raised by the petitioner had been resolved. The Court also directed the State to complete the enrolment process of the Public Information Officers and other Departments and also make every endeavour to implement the mandate of Section 4 of the Right to Information Act, 2005(‘RTI Act’). Read more HERE
