ACQUITTAL
TELANGANA HIGH COURT | ‘Child witness evidence appears to be result of tutoring’; Man acquitted of raping 9-year-old girl
In an appeal filed by the convict against the impugned judgment wherein the Trial Court had convicted him under Sections 452 and 376-AB of the Penal Code, 1860 and Section 5(i)(j)(m) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced him to undergo rigorous imprisonment for 20 years, the Single Judge Bench of K. Surender, J., allowing the appeal acquitted the accused, holding that acceptance of the child witness evidence would be dangerous in the present circumstances of this case as the evidence appeared to be a result of tutoring. The Court also stated that the prosecution story appeared to be made up for falsely implicating the convict. Read more HERE
ADVOCATES
KERALA HIGH COURT | State Bar Council not entitled to charge applicants a fee for verifying educational certificates during enrollment process
In a writ appeal challenging the interim order passed by this Court in the writ petition by which the petitioner, who seeks enrollment with the Bar Council of India and Bar Council of Kerala was permitted to be enrolled in the next enrollment to be conducted by the Bar Council of Kerala, subject to the condition that the petitioner produces a receipt for the fees paid by him to get his Secondary School Leaving Certificate, Plus Two, Degree and LLB Certificates verified by the Authorities and University, the division bench of Ziyad Rahman A.A*. and P. V. Balakrishnan, JJ. held that the State Bar Council is not entitled to charge applicants a fee for verifying their educational certificates during the enrollment process. Read more HERE
ANIMAL RIGHTS & WELFARE
TRIPURA HIGH COURT | Strict compliance of Animal Rights laws during seizure and release of cattle, directed
In a Public Interest Litigation filed by a legal practitioner and animal rights activist associated with the NGO “Society for Welfare of Animal and Nature (SWAN) highlighting incident involving illegal and inhumane transportation of cattle, a Division Bench of Aparesh Kumar Singh, CJ., and Biswajit Palit, J., directed respondent authorities to ensure strict compliance with the Prevention of Cruelty to Animals Act and Rules in future seizures and releases. Read more HERE
BAIL
ALLAHABAD HIGH COURT | Bail denied to a man accused of forcing wife into prostitution
In a bail plea filed by the accused under Section 439 of Code of Criminal Procedure, 1973 (‘CrPC’) who was charged under Sections 498-A, 323, 328, 376-D, 504, 506, 120-B of Penal Code, 1860 (‘IPC’) and Sections 3 read with Section 4 of the Dowry Prohibition Act, Sanjay Kumar Singh, J. denied bail to the accused. Read more HERE
RAJASTHAN HIGH COURT | “Bail is Rule and Jail is Exception”; Trial Court criticized for casual rejection of bail despite key evidence
In a bail application challenging the petitioner’s continued detention despite having victim’s statement which neither named the petitioner nor levelled any allegations against him, a single-judge bench of Anil Kumar Upman, J., granted bail. The Court directed the directed the trial court to provide an explanation for not considering the victim’s statement while rejecting the bail application. Read more HERE
BIGAMY
PUNJAB AND HARYANA HIGH COURT | ‘Allowing such petitions would promote bigamy’; Police protection refused to live-in couple where one of them was married & had kids
In a criminal writ petition filed by the petitioners, living together in live-in relationship, seeking directions to the State for the protection of their life and liberty, the Single Judge Bench of Sandeep Moudgil, J., dismissed the application holding that the petitioners could not have entered a live-in relationship while being fully aware that one of them was still married and they did not meet the conditions required for their relationship to be granted sanctity of a relationship akin to marriage. The Court also stated that if such protection was granted it would mean indirectly giving assent to such a relationship which was otherwise illegal as it amounted to bigamy. Read more HERE
CONVICTION
MADRAS HIGH COURT | Conviction and sentence of Actor and politician S.Ve. Shekher for derogatory comments against women journalists, confirmed
In a criminal revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (‘CrPC’) praying to set aside the judgment passed by the Assistant Sessions Judge, for trial of criminal cases related to MP’s and MLA’s of Tamil Nadu and acquit Actor and Politician S.Ve. Shekher against the charges under Sections 504, 509 of Penal Code, 1860 (‘IPC’) and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, P. Velmurugan, J. refused to interfere with the conviction of S. Ve. Shekher for making derogatory comments against women journalists. Read more HERE
RAJASTHAN HIGH COURT | Compliance with Section 16 of Carriage by Road Act a pre-condition for instituting suit for consignment loss
In a civil revision challenging trial court’s order allowing the defendant to participate in the suit proceedings when the recovery suit is non-maintainable, a single-judge bench of Ashok Kumar Jain, J., held that compliance with Section 16 of the Carriage by Road Act, 2007 is a mandatory requirement for instituting a suit against a common carrier for loss or damage to a consignment and set aside the trial court’s order. Read more HERE
CRIMINAL TRIAL
KERALA HIGH COURT | Path cleared for remote cross-examination via video conferencing to streamline court proceedings
In a criminal miscellaneous case filed against the order passed by Sessions Judge, wherein the Judge rejected the petition filed by the accused seeking permission to conduct cross examination of the prosecution witnesses through video conferencing citing health reasons and the counsel’s inability to travel up to Thiruvananthapuram. V.G. Arun, J. while quashing the impugned order, granted permission for cross examination of the remaining prosecution witnesses through video conferencing. Read more HERE
GUJARAT HIGH COURT | ‘No application of mind, precious time of police & Court wasted’; Police, Prosecution and Trial Court slammed for invoking POCSO Act after 8 yrs of FIR
In an application seeking quashing of FIR registered under Sections 354, 504, 427, and 114 of the Penal Code, 1860, (‘IPC’) and the subsequently added Sections 11 and 12 of the Prevention of Children from Sexual Offences Act, 2012 (‘POCSO Act’) and the quashing of the order passed by the Trial Court allowing the transfer of the case to POCSO Court, the Single Judge Bench of Sandeep N. Bhatt, J., stated that it strange and shameful on the part of the entire law enforcement and adjudicating machinery that the case transfer application was filed eight years after the trial had proceeded substantially before the Trial Court under IPC. Rebuking the authorities involved, the Court disposed of the application while holding that the prayers sought were not required to be considered at this stage, but the accused could avail the appropriate remedy according to law. Read more HERE
DEFAMATION
DELHI HIGH COURT | Injunction issued against Telugu Actor Manoj Manchu and media outlets in defamation case filed by Vinay Maheshwari
In an application filed under Order XXXIX Rule 1 and 2, read with Section 151 of the Code of Civil Procedure, 1908 (‘CPC’), Vinay Maheshwari, a prominent professional in the fields of media, entertainment, and business, sought the grant of an ad-interim ex-parte injunction against Telugu actor Manoj Manchu for publishing defamatory remarks about him. The Single Judge Bench, led by Swarana Kanta Sharma, J. granted the ex-parte injunction, restraining Manoj Manchu and others from making, posting, tweeting, reposting, sharing, or sending any defamatory statements concerning Vinay Maheshwari and his family. Read more HERE
EDUCATION LAW
UTTARANCHAL HIGH COURT | Petition against Government Orders issued in pandemic for directing private unaided residential schools to charge only tuition fee for online classes, dismissed
In a writ petition filed by private unaided residential schools to challenge Government Orders (‘GO’) dated 15-01-2021 and 22-03-2021 issued by the Uttarakhand government, a Single Judge Bench of Manoj Kumar Tiwari, J. held that the State was justified in issuing necessary directions to the private unaided residential schools not to charge fee for the services which were not availed by the students during the period when classes were conducted online. Read more HERE
ENVIRONMENT LAW
MADHYA PRADESH HIGH COURT | Bhopal Gas Tragedy| Cleanup of toxic waste from Union Carbide Factory site, directed
In a writ petition pertaining to the clean-up and removal of toxic waste from the Union Carbide Factory site in Bhopal, following the catastrophic gas leak disaster that occurred 40 years ago on this date, a Division Bench of Suresh Kumar Kait, CJ., and Vivek Jain, J., expressed its dissatisfaction with the pace of progress in the case, highlighted the serious risks to public health and safety that persist due to the authorities’ inaction and issued directions for immediate action. Read more HERE
FORGERY
ANDHRA PRADESH HIGH COURT | Recovery of money with interest based on promissory note, upheld; Rejected claims of forgery
A second appeal was filed challenging the Decree and Judgment directing payment of money borrowed with subsequent interest at 6% per annum. Mallikarjuna Rao, J., upheld the Trial Court’s decision directing the defendant to repay the borrowed amount with 6% annual interest, based on a promissory note. Read more HERE
FUNDAMENTAL RIGHTS
MADHYA PRADESH HIGH COURT | Right to pray under Article 25 cannot be denied solely due to objections from member of one community
In a writ petition filed by a Christian resident of Village Gadwada, District Jhabua seeking quashment of the Sub-Divisional Magistrate (SDM), Meghnagar’s order revoking permission to organize a New Year prayer meeting, a single-judge bench of Subodh Abhyankar, J., upheld the petitioner’s fundamental rights to pray and permitted the petitioner to hold the prayer meeting as per the earlier granted permission. Read more HERE
GUIDELINES/ DIRECTIONS
DELHI HIGH COURT | Directions issued in plea highlighting unhygienic conditions of female washrooms in Delhi District Courts
In a writ petition filed to bring into light the unhygienic conditions of female washrooms in the Lawyers’ Chambers Block at Saket Court in New Delhi highlighting critical issues including non-functional toilet seats, absence of adequate water supply, and the lack of proper locking mechanisms, a Single Judge Bench of Sanjeev Narula, J. stated that the infrastructural inadequacies demanded immediate action and issued certain directions to ensure that proper action is taken regarding the standard of hygiene and functionality being maintained in the washrooms. Read more HERE
BOMBAY HIGH COURT | State directed to ensure that eligible women are able to seek benefit under revised Mukhyamantri Majhi Ladki Bahin Scheme
In a Public Interest Litigation (‘PIL’) filed by Prameya Welfare Foundation (‘Prameya Foundation’) seeking directions to the State for appropriate implementation of ‘Mukhyamantri-Majhi Ladki Bahin Yojana’ Scheme (‘the Scheme’) for eligible women, a Division Bench of Devendra Kumar Upadhyaya, CJ. and Amit Borkar, J., took note of the steps taken by the State in ensuring implementation of the Scheme and directed the State to take appropriate steps so that eligible women are able to seek benefit under the revised Scheme in case, any change or alteration of the Scheme required filling of fresh applications. Read more HERE
KANATAKA HIGH COURT | State Law Commission urged to frame guidelines on issues surrounding pledging of stolen gold
While considering the instant petition revolving around allegedly stolen gold articles that were pledged with the petitioner (Muthoot Finance); the bench of Suraj Govindraj, J*., noted that innumerable matters are coming up before the Court where stolen gold had been pledged with a gold finance company. The Court opined that this aspect must be examined by the concerned authorities and proper guidelines must be formulated in relation to issues such as pledging of gold, ascertainment of ownership, identity of the person pledging the gold, implication of pledging stolen gold, manner of dealing with such gold when criminal proceedings are taken up etc. Read more HERE
INTELLECTUAL PROPERTY RIGHTS
DELHI HIGH COURT | Injunction granted against Miss Malini Entertainment for copyright infringement in Kareena Kapoor’s ‘What Women Want’ Case
A suit was filed by Entertainment Network India Limited (plaintiff) seeking permanent injunction to restrain the defendants from infringing the plaintiff’s intellectual property rights, including, the plaintiff’s copyright in cinematograph and dramatic works, including, but not limited to the plaintiff’s rights in the show ‘What Women Want’ (All Five Seasons) produced by the plaintiff (Show), as well as all future seasons and any derivative works associated therewith, for which the plaintiff shall retain sole and exclusive ownership unless such ownership rights are expressly conferred or assigned to another party by the plaintiff. Mini Pushkarna, J., held that the plaintiff demonstrated a prima facie case for grant of injunction and in case no ex-parte ad-interim injunction is granted, the plaintiff will suffer an irreparable loss. Read more HERE
MEDICAL NEGLIGENCE
DELHI HIGH COURT | Petition alleging medical negligence and misconduct against doctors at Max Super Speciality Hospital, dismissed
In a writ petition alleging serious medical negligence and misconduct against doctors at Max Super Speciality Hospital (‘Max Hospital’), Pratapganj, Delhi which resulted in the death of the petitioner’s wife, a Single Judge Bench of Sanjeev Narula, J. examined the petitioner’s allegations in light of the findings by the Delhi Medical Council (‘DMC’) as well as the National Medical Commission (‘NMC’) and held that none of the grounds that were raised provided any basis to conclude that the orders of the DMC and NMC were tainted by perversity or arbitrariness. Read more HERE
PROBATION OF OFFENDERS ACT
GAUHATI HIGH COURT | ‘Consideration of PO Act is right of accused and duty of Courts’; Benefit under PO Act granted to Headmaster & his son convicted of assaulting student’s mother
In a criminal revision petition filed by the convicts against the Appellate Court’s judgment upholding their conviction under Sections 323 read with Section 342 of the Penal Code, 1860 (‘IPC’), the Single Judge Bench of Arun Dev Choudhury, J., allowing the petition held that it was a fit case for the grant of benefit under the Probation of Offenders Act, 1958 (‘the PO Act’) and directed their release on probation. Read more HERE
QUASHMENT OF PROCEEDINGS/ FIR
BOMBAY HIGH COURT | ‘Ends of justice would not be met by quashing FIRs’; Jurisdiction under S. 482, CrPC refused to be exercised
In a batch of writ petitions wherein the petitioners in the first petition had approached the Court to quash/de-register the criminal proceedings based on a First Information Report (‘FIR’) under Sections 115(2), 352, 79, and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’), a Division Bench of Ravindra V. Ghuge* and Rajesh S. Patil, JJ., held that specific contentions of offences were made out in the FIRs and ends of justice would not be met by quashing the same. Read more HERE
MADRAS HIGH COURT | ‘Spoke what was written in Manusmriti & in general parlance’; Hate speech complaint against VCK president & MP Thol. Thirumavalavan for comments on Hindu women, quashed
In a petition filed by Thol. Thirumavalavan, the President of the political party Viduthalai Chiruthaigal Katchi (VCK) and Member of Parliament, under Section 482 of Code of Criminal Procedure, 1973 forquashing of a private complaint filed against him under Sections 120-B, 295-A, 298, 500, 509 of the Penal Code, 1860 and Section 67 of the Information Technology Act, 2000, for a speech he gave regarding Hindu women, pending before the District Munsif-cum-Judicial Magistrate, Peraiyur (‘DJM’), the Single Judge Bench of P. Velmurugan, J., while quashing the complaint, held that Thirumavalavan only spoke what was written in the book Manusmriti and in general parlance, thus, prima facie no case was made out against him under the alleged offences. Read more HERE
BOMBAY HIGH COURT | ‘Husband’s inability to cohabit is a condition known to him and does not travel beyond home’; FIR quashed against husband’s relatives
The present application was filed by Applicant 1-the complainant’s husband, with a prayer to quash FIR registered against applicants under Sections 489-A, 417, 506, and 34 of Penal Code, 1860 (‘IPC’) in Vijapur Naka police station, Solapur and it was further prayed to issue direction to the said Police Station to stay the investigation and not to file charge sheet till deciding of the present application. The Division Bench of Ravindra V. Ghuge and Rajesh S. Patil, JJ., allowed the application to the extent of Applicants 5 to 8, being maternal uncles and their wives, but rejected it to the extent of Applicants 1 to 4, stating that there were grave and serious allegations against them. The Court opined that Applicant 1’s relatives could not have had the knowledge of his condition of being unable to develop physical relations with the complainant, because such condition normally was known to the person himself, and such information does not travel beyond the home. Read more HERE
TELANGANA HIGH COURT | FIR refused to be quashed against Former Minister KT Rao over alleged misuse of public funds in Formula E Championship
In a criminal petition filed by former Minister Kalvakuntla Taraka Rama Rao (‘KT Rao’) under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) seeking quashing of criminal proceedings arising out of an FIR registered under Sections 409 read with 120-B of the Penal Code, 1860 (‘IPC’) and Sections 13(1)(a) read with Section 13(2) of the Prevention of Corruption Act, 1988 (‘PC Act’), the Single Judge Bench of K. Lakshman, J., held that prima facie case was made out against KT Rao under Section 409 of IPC and Section 13(1)(a) of the PC Act. Read more HERE
MADRAS HIGH COURT | ‘High time for society to preserve sanctity of medical profession and to uphold dignity of Doctors’; FIR against 70-year-old Gynecologist in miscarriage case, quashed
In a criminal original petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to call for the records in connection with FIR on the file of the All-Women Police Station, Srirangam, Tiruchirappalli District and quash the same, K. Murali Shankar, J. while quashing the FIR held that the ingredients of Section 312, Penal Code, 1860 (‘IPC’) are not met against the third accused. Permitting prosecution would be unnecessary, unwarranted, and amount to an abuse of process of law. Read more HERE
RIGHT TO INFORMATION
DELHI HIGH COURT | TRAI cannot request information from Telecom Service Provider under RTI Act to address individual grievances or access customer-specific information
In a petition filed by the Telecom Regulatory Authority of India (‘TRAI’) challenging the impugned order passed by the Central Information Commission (‘CIC’), a Single Judge Bench of Sanjeev Narula, J.*, concluded that the CIC erred in directing TRAI to requisition information from the Telecom Service Provider (‘TSP’), Vodafone, and provide it to the Respondent under the Right to Information Act, 2005 (‘RTI Act’). TRAI’s authority to request information from TSPs was confined to fulfilling its regulatory functions under the Telecom Regulatory Authority of India Act, 1997 (‘TRAI Act’) and the Telecom Commercial Communication Customer Preference Regulations, 2010 (‘TCCCPR’). It did not extend to addressing individual grievances or accessing customer-specific information solely for distribution under the RTI framework. The Court further stated that the CIC’s observation requiring the respondent to seek redressal before the Consumer Disputes Redressal Forum was misplaced and beyond its statutory mandate. TRAI was not a service provider or a consumer under the Consumer Protection Act, 2019 and any grievance against TRAI’s actions or inactions must be pursued before the Telecom Disputes Settlement and Appellate Tribunal (‘TDSAT’). Read more HERE
SERVICE LAW
DELHI HIGH COURT | State directed to reinstate CISF candidate acquitted of criminal charges
A petition was filed by the petitioner being a candidate aspiring to join Central Industrial Security Force (CISF) challenging the withdrawal notice of the petitioner’s Offer of Appointment stating that he was “unsuitable for employment in CISF” despite the petitioner having informed the respondents that vide the Judgment dated 10-08-2023, he was acquitted in the aforementioned case as the prosecution had completely failed to prove the charges against him. A division bench of Navil Chawla and Shalinder Kaur, JJ., set aside the impugned notice dated 30-11-2024 and directed the respondents to re-instate the petitioner to the post of Constable (GD), the post he was selected for, and allow him to complete his training with the next batch, if the training of the current batch has already been completed. Read more HERE
TERMINATION OF PREGNANACY
CHHATTISGARH HIGH COURT | ‘Rape victim must be given liberty to decide whether she should continue pregnancy’; Termination of minor victim’s pregnancy beyond 24-weeks, allowed
In a writ petition filed by a minor seeking direction to the authorities to form a panel of expert medical practitioners for termination of her pregnancy, a Single Judge Bench of Bibhu Datta Guru, J., allowed the petition while issuing directions and held that a rape victim must be given the liberty and right to decide whether she should continue with the pregnancy or be permitted to terminate it. Read more HERE