CONTEMPT OF COURT
MADHYA PRADESH HIGH COURT | Man’s unconditional apology in contempt case accepted; Directed him to plant 50 trees of indigenous species
In a contempt case regarding the respondent’s conduct during court proceedings before the Judicial Magistrate First Class, Sambalgarh, District Morena, a Division bench of Sanjeev Sachdeva* and Vinay Saraf, JJ., accepted the respondent’s apology and directed the respondent to plant 50 indigenous trees of at least 4 feet in height in Sambalgarh under the supervision of the Sub-Divisional Officer (Forest). Read more HERE
CRIMINAL LAW
MADRAS HIGH COURT | Accused persons in Kodanadu heist and murder case allowed to examine former CM Edappadi Palaniswami and VK Sasikala as witnesses
In a criminal revision filed under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 (‘CrPC’) to set aside the partially dismissed portion of the common order passed by the Sessions Judge, P.Velmurugan, J., while setting aside the impugned order, except with respect to Natarjan, Manager, Kodanadu, who was permitted to be examined as a defense side witness, directed the Sessions Judge to provide the accused persons an opportunity to examine former Tamil Nadu CM Edappadi Palaniswami and VK Sasikala among others as witnesses. Read more HERE
ANDHDRA PRADESH HIGH COURT | Anticipatory bail granted to Ram Gopal Varma in criminal defamation case for objectionable posts on ‘X’ (Twitter)
In a petition filed by Ram Gopal Varma (‘the petitioner’) seeking anticipatory bail, Harinath N., J., stated that it would be appropriate for the petitioner to cooperate with the investigation and directed that the petitioner should be released on bail in case of arrest. The Court directed the petitioner to furnish a personal bond of Rs. 20,000 with two sureties for a like sum, to the satisfaction of the Station House Officer, Maddipadu Police Station. Further, the petitioner should cooperate with the investigation as and when required for the purpose of investigation. Read more HERE
KERALA HIGH COURT | ‘Men have pride and dignity too’: Bail granted to actor-director Balachandra Menon in 2007 sexual assault case
In a bail application filed by well-known director, actor, and script writer Balachandra Menon in a 2007 sexual assault case, the Single Judge Bench of P.V. Kunhikrishnan, J., held that the present case has been registered 17 years after the alleged incident and the accused is a well-known cine artist. The Court stated that men also have pride and dignity. Reiterating the principle of bail is the rule and jail is the exception, the Court granted bail to Balachandra. Read more HERE
MADHYA PRADESH HIGH COURT | ‘Arrest must be rational, fair & based on admissible evidence’; Bail granted in ₹141.8 Crore PMLA case due to procedural lapses
In a first application for bail filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023[1], a single-judge bench of Prakash Chandra Gupta, J., granted bail to the applicant, considering the procedural lapses and insufficient evidence to establish prima facie guilt. Read more HERE
KERALA HIGH COURT | Purpose of Zero FIR under BNSS is to ensure victims can file complaints regardless of jurisdiction: Magistrate directed to reconsider DBS Bank application to register FIR
In a writ petition challenging the order passed by the Judicial First-Class Magistrate Court (‘Magistrate’), wherein the Court rejected DBS Bank’s application seeking registration of FIR, stating lack of jurisdiction, the Single Judge bench of Dr Kauser Edappagath, J., while setting aside the impugned order, held that the case clearly falls under Section 200 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) which the Magistrate overlooked. Thus, the Court directed the Magistrate to reconsider DBS Bank’s application in light of this judgment and pass fresh orders as per law. Read more HERE
CUSTODY
RAJASTHAN HIGH COURT | Father’s Habeas Corpus plea allowed; Directed child’s return to US rather than facing illegal migrant status in India
In a habeas corpus petition filed by the father seeking the custody of his minor son, a U.S. citizen, currently in India, a Division Bench of Shubha Mehta and Pankaj Bhandari,* JJ., allowed the petition and held that the son’s welfare would be best served in the U.S., where he enjoys full citizenship rights, rather than remaining in India as an illegal migrant. Read more HERE
DOMESTIC VIOLENCE
KERALA HIGH COURT | Lack of domestic relationship; Domestic violence case filed by mother-in-law against parents of daughter-in-law quashed
In a petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking quashing of a complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (‘DV Act’), the Single Judge Bench of A. Badharudeen, J., while partly allowing the petition held that since the parents of the daughter-in-law are not in a domestic relationship with the mother-in-law, they cannot be proceeded against under Section 12 of the DV Act., however, the proceedings can continue against the daughter-in-law. Read more HERE
ENVIRONMENT LAW
MADHYA PRADESH HIGH COURT | Bhopal Gas Tragedy Cleanup | Immediate action & accountability mandated after 40 years of delay in remediation
In a writ petition pertaining to the environmental aftermath of the 1984 Bhopal Gas Tragedy, a division bench of Suresh Kumar Kait, CJ., and Vivek Jain, J., directed the Principal Secretary, Bhopal Gas Tragedy Relief and Rehabilitation Department, to immediately fulfill statutory duties under environmental laws and ensure cleanup of the toxic waste from the site. Read more HERE
HOUSING AND REAL ESTATE
DELHI HIGH COURT | Kashmiri migrants’ petition challenging DDA’s Special Housing Scheme for Retired/Retiring J&K Migrants dismissed
A petition was filed by six petitioners, who are permanent residents of Jammu & Kashmir, and are registered as “Kashmiri Migrants” in Delhi challenging the terms of the Delhi Development Authority’s (DDA) “Special Housing Registration Scheme for Retired/Retiring J&K Migrants as these conditions were discriminatory and violated their fundamental rights to shelter under Article 21. Manoj Jain, J., dismissed the petition finding no substance in the present writ petition as the second scheme was not a rehabilitation scheme the petitioners were grossly mistaken in seeking any parity. Read more HERE
HUMAN AND CIVIL RIGHTS
RAJASTHAN HIGH COURT | Suo Motu cognizance taken of lack of adequate public sanitation facilities for women; Notice issued
While taking suo motu cognizance based on a news report published in the Rajasthan Patrika newspaper and initiating a writ petition as a Public Interest Litigation (PIL) to address the lack of adequate public sanitation facilities for women, a single-judge bench of Anoop Kumar Dhand, J., gave directions and issued show cause notices to the respondents to explain why the directions issued by this Court should not be implemented. Read more HERE
INTELLECTUAL PROPERTY RIGHTS
DELHI HIGH COURT | Trademark registration of ‘JACK DANIELS’ stayed for being violative of Section 9(2)(a) & Section 11 of Trade Mark Act, 1999
A petition was filed by Jack Daniels Properties (petitioner) under Section 57 of the Trade Marks Act, 1999 seeking removal/cancellation of the impugned mark “JACK DANEIL’s. Amit Bansal, J., stayed the registration of the impugned mark as there was a prima facie case and balance of convenience against respondent 1 and irreparable harm will be caused to the petitioner if the operation of the impugned mark is not stayed. Read more HERE
DELHI HIGH COURT | Trade mark rights of Ganesh Grains upheld over its ‘GANESH’ marks; Cancellation of ‘GANESH HARA MATAR’ mark directed
In a rectification petition filed under Sections 57 read with Section 47(1) of the Trade Marks Act, 1999 (‘the Act’), seeking cancellation/removal of the trade mark ‘GANESH HARA MATAR’ (‘impugned mark’), a Single Judge Bench of Amit Bansal, J., stated that not only was trade mark of Respondent 1 confusingly/deceptively similar to petitioner’s prior adopted/registered trade mark ‘GANESH’ or its formative marks, but the nature of the petitioner’s and Respondent 1’s goods were also identical. The Court stated that it was clear that the impugned mark was adopted by Respondent 1 dishonestly to trade upon the established goodwill and reputation of the petitioner and to project itself associated with the petitioner. Therefore, the continuation of the impugned registration on the Register of Trade Marks was in contravention of provisions of Section 11 of the Act and was liable to be cancelled under Section 57 of the Act. Read more HERE
MUSLIM LAW
RAJASTHAN HIGH COURT | ‘Nikah-Nama should be issued in a language widely known to society’; State directed to issue guidelines for bilingual Nikah-Namas
In a petition for quashing an FIR, a single-judge bench of Farjand Ali, J., granted interim protection to the petitioners from arrest until further order. The Court directed the Department of Home and Department of Minority Affairs to deliberate on issuing guidelines mandating diglot Nikah-Namas, including either Hindi or English, to ensure clarity and ease for public officials. Read more HERE
HAJ COMMITTEE ACT, 2002
GAUHATI HIGH COURT DIRECTS| Chief Executive Officer, Haj Committee to dispose of representations on excess amount collected from pilgrims within 90 days
A Single Judge Bench of Soumitra Saikia, J., directed Respondent 2-the Chief Executive Officer, Central Haj Committee of India, to dispose of the representations submitted by petitioners’ regarding the excess amount that was collected from Haj pilgrims but was not refunded to them, strictly as per the provisions under Section 42 of the Haj Committee Act, 2002 (‘the 2002 Act’), within 90 days. Read more HERE
NATURAL JUSTICE
KARNATAKA HIGH COURT | Non-compliance of natural justice principles, an exception to Rule of Discretion vis-a-vis exercise of HC’s jurisdiction under Art. 226
In a writ petition challenging the order passed by the National Green Tribunal (NGT), Southern Zone Chennai, a Division Bench of N.V. Anjaria, CJ*., and K.V. Aravind, J. set aside the impugned order passed by NGT to the extent it recorded the finding that the petitioners have contributed to pollution. Taking note of non-adherence of principles of natural justice by the NGT, the Court remitted the matter to NGT, for fresh reconsideration. The Court further reiterated that position of law is well-settled that only reason that an alternative remedy is available, would not be an embargo on the High Court’s power to entertain the petition under Article 226 in certain contingencies. Read more HERE
NDPS
PUNJAB AND HARYANA HIGH COURT | ‘50 grams of heroin seized; contraband smuggled from Pakistan via drone highlights sophisticated network of illicit trade’; Bail petition dismissed
In a petition filed under Section 439 of the Criminal Procedure Code, 1973 for grant of regular bail to the petitioner (‘accused’) in a case registered under Sections 21, 21(c), 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), a Single Judge Bench of Sandeep Moudgil, J., stated that merely because the quantity involved in the present case, was categorized as “Intermediate Quantity” did not, by itself, bestowed an automatic right to bail. Granting bail to those accused of trafficking or peddling highly dangerous substances such as Heroin/Chitta would essentially offer carte blanche for illegal activities. Thus, the Court stated that considering the discussions and the modus operandi of the kingpins engaged in illicit activities, whether trafficking in small or intermediate quantities, must be met with unwavering resolve and stringent action. The Court stated that granting bail at this stage could inadvertently signal a tacit approval or encouragement of such illegal activities and accordingly dismissed the present petition. Read more HERE
PMLA
KERALA HIGH COURT | Edamulackal Co-Operative Bank fraud case: ED probe and payment to victims directed
In a set of two writ appeals filed against the stay of recovery proceedings against the Edamulackal Service Co-Operative Bank (‘the Society’) in a fraud case, the division bench of Amit Rawal* and K.V. Jayakumar, JJ., held that it is a clear case of breach of trust and cheating and directed the ED to initiate probe against the Society. The Court also directed the Society to release funds to all the appellants. Read more HERE
KARNATAKA HIGH COURT | Founder & Chairman of Sri Guru Raghavendra Sahakara Bank accused of misappropriating approximately Rs. 1553 crores denied bail
In a criminal petition filed to seek bail under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’), a Single Judge Bench of H.P. Sandesh, J. rejected the petition and denied bail to the accused. The Court took note of Section 45 of the Prevention of Money Laundering Act, 2002 (‘PMLA’) which casts a bar on granting bail to a person accused of committing an offence under PMLA. Read more HERE
PRACTICE AND PROCEDURE
MADHYA PRADESH HIGH COURT | Following DPS Indore Tragedy, School Bus Safety guidelines issued
In multiple Public Interest Litigations (PILs) filed following a tragic accident involving resulted in the death of four students and the driver of school bus belonging to Delhi Public School, Indore, a division bench of Binod Kumar Dwivedi and Vivek Rusia,* JJ., issued guidelines for school bus safety in Madhya Pradesh, thereby, ensuring enhanced protection for school children while directing legislative action to institutionalise these measures. Read more HERE
KERALA HIGH COURT | Writ petition against administrative authority cannot be dismissed as ‘non-maintainable’ merely on ground of existence of alternative remedy
In a writ appeal filed against the impugned judgment of the Single Judge wherein the appellant’s writ petition was summarily dismissed as not maintainable, the Division Bench of Nitin Jamdar*, CJ and S. Manu, J. setting aside the impugned decision and restoring the petition, held that the mere availability of alternative remedy cannot be a ground for dismissal of a writ petition as non-maintainable. The Court highlighted the difference between maintainability and entertainability of a writ petition and restored the appellant’s petition by quashing the impugned judgment. Read more HERE
QUASHMENT OF PROCEEDINGS
MADRAS HIGH COURT | Headmaster being guardian of school has duty to report POCSO incidents to child protection officer or police, Proceedings refused to be quashed
In a criminal original petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) requesting to quash the chargesheet of the accused , P. Velmurugan J., while noting that there was a prima facie allegation on the headmaster, refused to quash the charge sheet against him. Further, the Court directed the police to file a detailed report by 12-12-2024, outlining the actions taken against him. Specifically, the report should clarify whether the police have recommended the initiation of departmental proceedings against the accused to the Educational Department or proposed any other actions against the headmaster. Read more HERE
DELHI HIGH COURT | ‘Matters casting financial liabilities or penal consequences cannot be kept pending for years’; Decade-long delayed show cause notices quashed
A petition was filed by Vos Technologies Private Limited (petitioner) seeking to quash the show cause notices (SCNs) and pending adjudication proceedings arising out of the Customs Act, 1962, the Finance Act, 1994 and the Central Goods and Services Tax, 2017 due to failure on the part of the respondents to conclude adjudication within a reasonable period of time and inordinately delaying the same for decades together would constitute a sufficient ground to annul those proceedings. A division bench of Yashwant Varma and Ravinder Dudeja, JJ., quashed the show cause notices because the respondents have clearly failed to establish the existence of an insurmountable constraint which operated, and which could be acknowledged in law as impeding their power to conclude pending adjudications. Read more HERE
SERVICE LAW
RAJASTHAN HIGH COURT | Validity of appointments from Non-State Civil Services category to Indian Administrative Service upheld
In a writ petition challenging the Central Administrative Tribunal’s (CAT) order dismissing petitioners’ application against the State Government’s decision to allocate vacancies in the Indian Administrative Service (IAS) to Non-State Civil Services (Non-SCS) officers, a Division bench of Pankaj Bhandari* and Shubha Mehta, JJ., dismissed the petition as devoid of merit and filed with ulterior motives and directed the petitioners to pay costs of ₹5 lakh to the Rajasthan State Legal Services Authority within four weeks. Read more HERE
DELHI HIGH COURT | ‘Union expected to be more careful while giving reasons to candidates for not being appointed’
In a writ petition filed seeking the appointment of the petitioner to the post of Soldier (GD), a Division Bench of Navin Chawla* and Shalinder Kaur, JJ., could not grant any relief to the petitioner since the recruitment process was based on priorities, but said that the Union is expected to be more careful while giving reasons for which the candidates have not been appointed at a particular post. Read more HERE
CHHATTISGARH HIGH COURT | ‘Compulsory retirement not a punishment, does not have any stigma attached to it’; Compulsory retirement of a 50-year-old man upheld
In a petition filed for quashing the impugned order dated 16-01-2019 and order dated 17-11-2017, passed by the respondent authority regarding compulsory retirement of the petitioner, Rakesh Mohan Pandey, J., stated that it was well-settled principle of law that an order of compulsory retirement was not a punishment and did not have any stigma attached to it. The decision regarding compulsory retirement was taken by the State authorities in public interest and the order was passed on subjective satisfaction. Read more HERE
BOMBAY HIGH COURT | Rs 25000 cost imposed on Educational Institution clerk who attempted to hoodwink the Court by correcting his date of birth
In the present petition, petitioner prays that Respondent 5 should grant permission to correct petitioner’s date of birth as 02-06-1972, in his service book. The Division Bench of Ravindra V. Ghuge* and Ashwin D. Bhobe, JJ., stated that if it was assumed that petitioner’s date of birth was 02-06-1972, it would mean that petitioner had passed his 10th Standard in March/April 1984 at the age of 11 years and 9 months, which would mean that he was one-year-old in the 1st Standard in school. The Court dismissed the writ petition with a cost of Rs 25,000, which was to be deducted from petitioner’s salary. Read more HERE
TERMINATION OF PREGANANCY
DELHI HIGH COURT | ‘Right to reproductive choice includes right not to procreate’, Termination of 29-week pregnancy allowed
A petition was filed by the petitioner seeking direction to the respondents to permit medical termination of the ongoing pregnancy of the petitioner under the Medical Termination of Pregnancy Act, 1971, and the Medical Termination of Pregnancy Rules, 2003. Subramonium Prasad, J., permitted the petitioner to undergo the procedure for termination of her pregnancy at AIIMS. AIIMS is requested to conduct the procedure even though the petitioner has crossed her gestation period of 24 weeks. Read more HERE
GAUHATI HIGH COURT | Minor victim of Gang Rape allowed to terminate 26-week pregnancy
In the present case, suo motu writ petition was registered based on a news article appearing in the Times of India dated 29-11-2024, by which this Court noted that a minor victim ‘X’, who was stated to be 14 years of age, was gang-raped by 7 people including 4 minors at a location in the district of Tinsukia and as per the newspaper report, the victim was 23 weeks pregnant at that time. The Division Bench of Kalyan Rai Surana* and Susmita Phukan Khaund, JJ., allowed the writ petition and invoked the powers under Article 226 of the Constitution to order the medical termination of pregnancy as the pregnancy was at 26 weeks and the degree of risk which was involved in every procedure for medical termination of pregnancy, at this stage or at the stage of delivery at full term of pregnancy, would be the same. Read more HERE
TRAFFIC CONGESTION/ MANAGEMENT
MEGHALAYA HIGH COURT | 2-hour ‘Incognito’ inspections directed for weighbridges during peak traffic over allegations of mismanagement & loss of revenue
In a public interest litigation alleging inaction or mismanagement of the Government in operating 28 weighbridges across the State, the Division Bench of I.P. Mukerji, CJ and W. Diengdoh, J. directed for an incognito spot inspection for two hours by the State, in the presence of the petitioner or his representative, in each of the weighbridges at checkpoints on one day at the time when vehicular traffic is the greatest. Read more HERE
TRUST AND TRUSTEES
BOMBAY HIGH COURT | Circular directing removal of phrases “Bhrashtachar”, “Human Rights” from the title of Organisation/ Trust quashed
The present writ petition was filed under Article 226 of the Constitution by petitioner, whereby the Revised Circular No. 543 dated 04-07-2018 (‘the Circular’) issued by the Charity Commissioner, Maharashtra, Mumbai, was challenged. The Circular directed notices to be issued to the Trustees of the Trust which used phrases “Bhrashtachar Nirmulan Mahasangh”, “Bhrashtachar Virodhi Andolan”, “Bhrashtachar Mukta Bharat” or “Human rights” in the title of the Trust name and further directed them to remove the same. Read more HERE