ACQUITTAL
DELHI HIGH COURT | Acquittal in Seemapuri robbery and kidnapping case upheld citing lack of evidence
A criminal leave petition was filed under Section 378 of Criminal Procedure Code (now Section 419 of Bharatiya Nagarik Suraksha Sanhita, 2023) by the State, seeking leave to appeal against the judgment dated 6-12-2016 passed by the Additional Sessions Judge, Karkardooma Courts, Delhi wherein the respondent was acquitted of the offences punishable under Sections 365, 395, 397, and 412 of the Penal Code, 1860. Chandra Dhari Singh, J., upheld the acquittal as the prosecution failed to establish guilt beyond reasonable doubt, and thus, the benefit of doubt was rightly extended to the accused. Read more HERE
ADOPTION
KERALA HIGH COURT | Adoption by step-parent cannot be permitted without biological parent’s consent
In a writ petition concerning the adoption of a child by a step-parent, C.S. Dias, J. held that as long as the biological parent does not consent to the adoption, the adoption by the step-parent cannot be permitted. Consequently, the petitioners’ request to direct CARA to relax the requirement of obtaining consent from the biological father was denied. Read more HERE
BAIL
KERALA HIGH COURT | Prima facie findings in bail orders not binding on Trial Court or Investigating officer
In a matter concerning the impact of prima facie observations made during bail proceedings, P.V. Kunhikrishnan, J., held that simply because a prima facie opinion is arrived at by the bail court while deciding a bail application, it is not binding on the Trial Court at the time of the final hearing, nor it is binding on the Investigating Officer, debarring the collection of further evidence. Read more HERE
GUJARAT HIGH COURT | ‘Nothing substantial in trial, matter adjourned almost 78 times’; Bail granted to accused in NDPS case
In a regular bail application filed by the accused under Section 439 of the Code of Criminal Procedure, 1973, in connection with an FIR registered under Sections 8(C), 20(b)(ii)(C), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, a Single Judge Bench of Gita Gopi, J., allowed the application holding that the case was fit for exercising discretion in favour of the accused due to the fundamental right guaranteed under article 21 of the constitution, the prolonged incarceration of the accused and the blink hope of speedy trial. Read more HERE
DELHI HIGH COURT | Grounds of arrest must be served in writing simultaneously with arrest memo; bail granted in abetment to suicide case
A bail application was filed by the petitioner seeking regular bail in connection with FIR registered under Sections 306 and 34 of Penal Code, 1860 (IPC) in a case relating to alleged abetment of suicide, who consumed poison and later succumbed to it. Vikas Mahajan, J., declared the arrest of the petitioner as invalid for not serving grounds of arrest properly and held that the petitioner be released from custody. Read more HERE
CINEMA
TELANGANA HIGH COURT | Prohibition on children below age of 16 from watching late night movies in theatres, revoked
A Single Judge Bench of B. Vijaysen Reddy., J., revoked the previous order dated 24-01-2025 (‘last order’) whereby children below the age of 16 years were barred from watching movies in cinemas after 11 PM. Read more HERE
MADHYA PRADESH HIGH COURT | “Time is a valuable Resource’; Directed for policy review 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
CRIMES AGAINST WOMEN AND CHILDREN
DELHI HIGH COURT | ‘Real women empowerment begins with right to live and move freely without fear’; Conviction of a man accused of harassment in public space, upheld
In a petition filed by the accused under Section 397 read with Section 401 of Criminal Procedure Code, 1973 (‘CrPC’) seeking to set aside the judgment dated 19-04-2024, Swarana Kanta Sharma, J., stated that if we truly aspire to uplift women, it was imperative that we first create an environment where they were safe, free from harassment, humiliation, and fear and that those who make the public spaces unsafe would be dealt with strictly. Until that happens, all discussions on women’s progress would remain superficial, since real empowerment begins with the right to live and move freely without fear. Thus, the Court stated that there was no patent illegality with the findings of the Trial Court and upheld the conviction of the accused. Read more HERE
CRUELTY
BOMBAY HIGH COURT | Instigation, or common intention cannot be mere basis to prove cruelty under S.498-A IPC
The present application was filed for quashing FIR dated 20-10-2023 registered with Police Station, Ambajogai, Beed and by way of an amendment for quashing proceedings in a case pending before the Additional Sessions Judge, Ambajogai, Beed (‘the ASJ’), for the offences punishable under Sections 498-A, 376(1), 377, 406, 354, 323, 500, 506 read with Section 34 of the Penal Code, 1860 (‘IPC’). The Division Bench of Vibha Kankanwadi* and Sanjay A. Deshmukh, JJ., opined that Respondent 2 with some ulterior motive was levelling allegations against brothers-in-law, uncles, and aunt of her husband, thereby taking vindictive attitude. The Court opined that instigation, or common intention could not be the basis on which the offence under Section 498-A of IPC could be proved, therefore, the Court held that the proceedings pending before the ASJ stands quashed and set aside against the said relatives of Respondent 2’s husband. Read more HERE
CYBER CRIME
DELHI HIGH COURT | Indiscriminate freezing of bank accounts slammed; Policy reform called for in cyber-crime investigations
A petition was filed by aggrieved by Neelkanth Pharma Logistics Pvt Ltd (petitioner) the way its account has been frozen by respondent No.2 Bank (HDFC Bank) arguing that such an indiscriminate freeze had significantly disrupted its business operations. Manoj Jain, J., recommended that the Ministry of Home Affairs, Government of India, develop a uniform policy and standard operating procedures (SOPs) in collaboration with all stakeholders, including State/UT law enforcement agencies, emphasizing that a bank account should not be entirely frozen solely due to a suspicious transaction unless the account holder is proven to be complicit in a crime. Read more HERE
ENERGY, POWER AND ELECTRICITY
MADHYA PRADESH HIGH COURT | Electricity Act | Jurisdiction to impose civil liabilities for electricity theft lies with Special Court, not Administrative Authorities
In a writ petition against the order of Officer In-charge, MPMKVVCL, Shivpuri which invoked Section 135 of the Electricity Act, 2003, and imposed a civil liability of Rs.1,93,561/- on the petitioner on account of alleged theft of electricity, a single-judge bench of Milind Ramesh Phadke, J., reaffirmed that in matters concerning theft of electricity, the determination of civil liability falls within the exclusive domain of the Special Court and quashed the impugned order. Read more HERE
LOCAL GOVERNMENT, MUNICIPALITIES AND PANCHAYATS
PUNJAB AND HARYANA HIGH COURT | License cancellation of street vendors stayed; directs them to file appeal against dislocation to remote areas
In a writ petition filed by street vendors seeking quashing of the Town Vending Committee’s (‘the Committee’) meeting agenda concerning cancellation of apposite licenses, cancelling the vendors’ licenses, show-cause notices directing depositing of pending dues, and, two public notices for clearance of pending dues, the Division Bench of Sureshwar Thakur* and Vikas Suri., JJ., dismissed the petition holding that the initiation of the process of cancelling licenses was not illegal as the Committee had validly delegated the relevant administrative functions to the Additional/Joint Commissioner, Municipal Corporation, Chandigarh (‘the Commissioner’). The Court also held that since the show cause notice merged into the final order of the Committee, the vendors had the remedy to file a statutory appeal against it and directed them to do so before the statutory appellate authority concerned. In the meantime, the Court stayed the license cancellation order. Read more HERE
TELANGANA HIGH COURT | PIL challenging prohibition on candidates with more than 2 children from contesting panchayat elections, rejected; imposed Rs. 25,000 costs
In a writ petition challenging Section 21(3) of the Telangana Panchayat Raj Act, 2018 (‘the Act’), which prohibited candidates with more than two children from contesting in the panchayat elections, the Division Bench of Sujoy Paul and Renuka Yara, JJ., rejected the public interest litigation (‘PIL’), holding that the petition could not be treated as a PIL. The Court also held that the question of whether the law needed to be revised was within the legislature’s power. Further, the Court imposed a cost of Rs 25,000 on the petitioner for filing the petition wrongly as a PIL. Read more HERE
POCSO
DELHI HIGH COURT | Touching lips or lying next to victim not sufficient for POCSO charge without ‘sexual intent’
A criminal revision petition was filed by the petitioner, a minor (MRP) under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), challenging the order dated 30-07-2024 passed by the Additional Sessions Judge in an FIR under Section 354 of Penal Code, 1860 (IPC) and Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) registered at Police Station Okhla Industrial Area, Delhi, based on allegations of inappropriate contact with a minor girl by her paternal uncle. Swarana Kanta Sharma, J., modified the impugned order by upholding the charge under Section 354 of IPC while setting aside the charge under Section 10 of the POCSO Act, holding that the allegations did not establish the essential ingredient of sexual intent required for aggravated sexual assault. Read more HERE
EDUCATION LAW/ GUIDELINES
DELHI HIGH COURT | ‘Students should not be barred from carrying smartphones’; Guiding principles issued for the use of smartphones in schools
A petition was filed by the petitioner, a minor student, against Kendriya Vidyalaya, Sector-05, Dwarka, New Delhi seeking specific directions relating to an incident wherein the petitioner faced disciplinary consequences for misusing a smartphone while in school. Anup Jairam Bhambhani, J., disposed of and issued guidelines for the use of smartphones in schools. Read more HERE
CRIMINAL TRIAL/ DIRECTIONS
DELHI HIGH COURT | Trial of acid attack accused directed to be concluded in a month; Directions issued for compliance of higher courts’ order to conclude trials in time bound manner
In a bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), seeking grant of regular bail in case arising out of FIR registered for offences punishable under Sections 326-A/392/394/397/120-B/411/34 of the Penal Code, 1860, Swarana Kanta Sharma, J., stated that in the present case such a prolonged delay in compliance with judicial directions defeated the very purpose of directing expeditious trial of a case. Even though the Court stated that it was not inclined to grant bail to the accused at this stage. However, the Court granted one last opportunity to the prosecution and the Trial Court to conclude trial within one month. The Court further passed directions for effective compliance of higher court’s order to conclude trials in time bound manner. Read more HERE
INTELLECTUAL PROPERTY
DELHI HIGH COURT | Azure Hospitality temporarily restrained from playing Phonographic Performance’s copyrighted songs without license in its restaurants/bars
In a suit filed by the Phonographic Performance Limited (‘plaintiff’) seeking a permanent injunction restraining the defendants from infringing the copyright of the plaintiff, and other ancillary reliefs, Amit Bansal, J., stated that irreparable injury would be caused to the plaintiff if the defendants continue to play the sound recordings of the plaintiff’s copyrighted works without obtaining any license from the plaintiff. Accordingly, the Court restrained the defendants and any other person working for and on behalf of the defendants from doing any act including exploitation/use of the plaintiff’s copyrighted works in any of its outlets till the final adjudication of the suit. Read more HERE
INVESTIGATION
DELHI HIGH COURT | ‘Does not affect investigative prerogatives’; Order to preserve Call Detail Records, location data of CBI officials and independent witnesses, upheld
The present petition was filed under Section 397 read with Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’), challenging the order dated 12-07-2023, passed by Rouse Avenue Courts, New Delhi (‘Trial Court’), whereby, it was directed to preserve Call Detail Records (‘CDR’) and location data of CBI officials and independent witnesses in connection with FIR registered under Section 120-B3 of the Penal Code, 1860 and Section 7 of the Prevention of Corruption Act, 1988. Chandra Dhari Singh, J., found no reason to interfere with the impugned order passed by the Trial Court, as it merely directed the preservation of potential evidence without affecting the prosecution’s case or investigative prerogatives. The impugned order was well within the Trial Court’s discretionary powers and did not confer any unwarranted advantage to the accused at this stage. Accordingly, the Court upheld the impugned order. Read more HERE
JUDICIARY
GUJARAT HIGH COURT | Order allowing law graduates from allegedly unrecognized institutes to participate in the Civil Judge recruitment process, stayed
After the case where two law graduates from an allegedly unrecognized institution were allowed to participate in the Civil Judge recruitment process, the High Court filed the present appeal against such order of the Single Judge claiming that the respondents- original petitioners/ graduates did not satisfy the requirement of being practicing advocates. The Division Bench of A.S. Supehia* and Gita Gopi, JJ., stayed the impugned order, holding that the Single Judge did not delve into the provisions of Gujarat State Judicial Service Rules, 2005(‘the Rules’) and the advertisement inviting applications for the Civil Judge recruitment Examination (‘the advertisement’). The Court stated that since the graduates were not practicing advocates and there were doubts regarding the legality of their LL.B. graduation, thus, they could not be allowed to participate in the recruitment process. Read more HERE
GUJARAT HIGH COURT | Judiciary aspirant’s plea seeking age relaxation to attempt Civil Judge Exam, rejected
In an application filed by a judiciary aspirant for allowing her to participate in the Civil Judge Recruitment Examination by granting age relaxation, a Single Judge Bench of Nirzar S. Desai, J., dismissed the application, holding that the Gujarat State Judicial Service Rules, 2005 (‘the Rules’), did not mention any relaxation regarding a candidate being allowed to appear in the next examination if no recruitment was undertaken when they were within the age limit. Read more HERE
JUVENILES
DELHI HIGH COURT | Juvenile tried as an adult cannot face joint trial with adult accused under JJ Act
A criminal revision petition was filed by the petitioner, CCL ‘K,’ challenging the order dated 23-05-2022, passed by the Trial Court which dismissed his application under Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘JJ Act’ and sought to stop the ongoing joint proceedings with the adult accused in connection with FIR registered under Sections 186, 353, 302 and 34 IPC. Anish Dayal, J., quashed the Trial Court’s order dated 23-05-2022 and directed that the petitioner’s trial be conducted separately from that of the adult co-accused and held that the Trial Court erred in permitting joint proceedings of the petitioner with the adult accused. Read more HERE
NDPS
RAJASTHAN HIGH COURT | FSL report must be obtained on priority, preferably within 60 days
In an application for bail under Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) on the ground that the quantity of contraband recovered is below the commercial threshold, a single-judge bench of Anil Kumar Upman, J., granted the bail and directed the Director General of Police, Jaipur, to ensure that the FSL reports is obtained from the FSL on priority basis preferably within 60 days, as life and liberty are priceless and they can’t be compromises except with the sanction of law. Read more HERE
BOMBAY HIGH COURT | Drug/psychotropic addiction is quasi-pandemic; Statutory rules to be followed strictly without deviation
In the present case, four bail applications arose in connection with a case for offences punishable under Sections 8(c), 21(c), 22(c), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘the NDPS Act’) read with Sections 465, 468, 471, and 473 of the Penal Code, 1860. A Single Judge Bench of Milind N. Jadhav, J., stated that in the present case, the non-compliance of the provisions left a lacuna which formed a reason for grant of bail and if the statute required the statutory Authority to act in a particular manner, it was not open to the said Authority to follow a different procedure or regime contrary to the established and prevalent Rules/procedure. Thus, the Court directed that all the four applicants-accused persons should be released on bail. Read more HERE
PRACTICE AND PROCEDURE
DELHI HIGH COURT | Letters Patent Appeal will not lie against judgment passed by Single Judge in appellate jurisdiction or against order by Court subject to superintendence of this Court
In an appeal to challenge the judgment dated 20-01-2025, whereby the appellants petition under Article 227 of the Constitution was dismissed by the Single Judge, the Division Bench of Devendra Kumar Upadhyaya, CJ and Tushar Rao Gedela, J.*, stated that that a bare perusal of the provisions would reveal that Letters Patent Appeal would not lie against a judgment passed by the Single Judge in exercise of appellate jurisdiction or against an order made in exercise of or against an order made by the Court which was subject to superintendence of this Court. Thus, the Court stated that the letters patent appeal was not maintainable and dismissed the present petition. Read more HERE
QUASHMENT OF PROCEEDINGS/ FIR
DELHI HIGH COURT | Air Force officer’s plea to quash domestic violence case filed by wife, rejected
A petition was filed by husband (petitioner 1) and his parents (petitioner 2 and 3) seeking the quashing of a domestic violence complaint initiated by respondent was dismissed. Neena Bansal Krishna, J., held that the petitioners failed to establish any valid grounds for quashing the complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Read more HERE
RAILWAYS AND METROS
CALCUTTA HIGH COURT | ‘It is an administrative decision to be taken by the Kolkata Metro Rail’; PIL seeking additional Kolkata Metro Services on Blue Line, dismissed
A petition was filed as a Public Interest Litigation (PIL) seeking a direction upon the railway administration to introduce at least four additional metro services between 9:40 p.m. and 10:40 p.m. on the Blue Line of Kolkata Metro Railway, covering the route from Dakshineshwar to Kavi Subhas Stations. A division bench of T. Sivagnanam, CJ., and Chaitali Chatterjee, JJ., dismissed PIL and held it was not within its purview to interfere in administrative decisions. Read more HERE
SERVICE LAW
RAJASTHAN HIGH COURT | Reformative approach be taken while evaluating past youthful indiscretions of candidates seeking government employment
In a writ petition challenging petitioner’s rejection from appointment as Sub-Inspector due to past FIRs registered against him during his student life, which resulted in acquittals, a single-judge bench of Arun Monga, J., found the petitioner eligible for appointment and held that the petitioner should not be denied employment merely due to past acquittals, especially when he was a juvenile at the time of the incidents. Read more HERE
PUNJAB AND HARYANA HC | ‘Qualifying service lost significance due to dismissal’; Pension plea of police officer dismissed from service in 1999, rejected
In a writ petition filed by a former police officer seeking direction to the State to grant him pensionary benefits due to his qualifying service, a Single Judge Bench of Jagmohan Bansal, J., dismissed the petition, holding that if pension or other pensionary benefits were granted despite dismissal from service, every police official would be entitled to pension based on his length of service. However, the Court allowed the petitioner to claim compassionate pension under Rule 2.5 of the Punjab Civil Services Rules and Punjab Police Rules, 1934 (‘the Rules’). Read more HERE
STAY
BOMBAY HIGH COURT | Order directing registration of FIR against former SEBI Chairperson Madhabi Puri Buch and other SEBI, BSE officials, stayed
A Single Judge Bench of Shivkumar Dige, J., stayed the order of a special court to register FIR against former SEBI Chairperson Madhabi Puri Buch and other SEBI and Bombay Stock Exchange (‘BSE’) officials in connection with a listing fraud case. The Court stayed the order for four weeks and stated that the order by the special court was passed mechanically without going into the details and without attributing any specific role to the accused persons. Read more HERE
TAXATION
BOMBAY HIGH COURT | ‘Cannot direct legislature to unbury or re-legislate’; Plea to revive Maharashtra Casinos (Control and Tax) Act, 1976, rejected
The petitioner, formerly known as Mumbai Gambling Management Pvt. Ltd., filed the present petition under Article 226 of the Constitution praying for a relief that the Maharashtra Casinos (Control and Tax) Act, 1976 (‘the 1976 Act’), which was never notified and brought into force, and which stood repealed by the Maharashtra Casinos (Control and Tax) (Repeal) Act, 2023 (‘the Repeal Act’), be directed to be brought into force, by declaring that the Repeal Act was ultra vires the Constitution. The Division Bench of G.S. Kulkarni* and Advait M. Sethna, JJ., opined that in the present case, the prayers were indirectly a relief that the Legislature be directed to re-legislate the 1976 Act. The Court held that a writ could not be issued to the Legislature to unbury or re-legislate, therefore, such revival of the 1976 Act and that too by a Writ of the Court, was an impossibility and a far-fetched expectation, of the petitioner, which the law could never recognize. Read more HERE
ALLAHABAD HIGH COURT | Maintainability of proceedings under S. 148A(b) of Income Tax Act post-enforcement of Finance (No. 2) Act, 2024
In a matter concerning the maintainability of proceedings under Section 148-A(b) of the Income Tax Act, 1961 (‘IT Act’), initiated prior to 01-09-2024, the issue arises as to whether such proceedings would continue to be valid or would be saved after the enforcement of the Finance Act No. 02 of 2024, with effect from 01-09-2024, especially in view of Section 152(4) of the Income tax Act, 1961, which has been inserted by the Finance Act No.2 of 2024, the division bench of Rajan Roy and Brij Raj Singh, JJ. after noting that the Revenue had conceded to the argument of the petitioner, quashed all the impugned orders and notices. Read more HERE
TRAFFIC MANAGEMENT AND CONTROL
MADHYA PRADESH HIGH COURT | Green flag given for removal of BRTS Corridor in Indore
In a Public Interest Litigation (PIL) challenging the utility and necessity of the Bus Rapid Transit System (BRTS) Corridor in the city of Indore, a division bench of Suresh Kumar Kait, CJ., and Vivek Jain, J., directed the State to remove the BRTS corridor as per its policy decision. Read more HERE
TEMPLE
MADRAS HIGH COURT | Varadharaja Perumal temple authorities directed to appoint trustees promptly; Warned against playing non-devotional songs inside temple
In the writ petition, a devotee from Puducherry sought a direction to the Commissioner of the Hindu Religious Institutions Department and the Executive Officer of Shri Veezhi Varadharaja Perumal Temple, to refrain from conducting or granting permission for any events within the temple premises that involve the singing of cinema songs, dancing to such songs, or any non-religious or non-devotional activities on any day. Additionally, the petitioner requested the Court to direct the Commissioner to appoint trustees for the temple in accordance with the provisions of the Puducherry Hindu Religious Institutions Act, 1972. The matter was heard by D. Bharatha Chakravarthy, J., wherein he directed that during any temple festival, if orchestra is arranged on behalf of the Temple authorities are on behalf of devotees and the same is done within the precincts of the temple, care must be taken to render only devotional songs and not non-devotional songs. Further, the Court directed the temple authorities to take necessary steps to appoint trustees for the temple as expeditiously as possible, in accordance with the procedure established by law. Read more HERE
WAQFS
RAJASTHAN HIGH COURT | S. 85 of Waqf Act | Waqf Tribunal has exclusive jurisdiction over disputes once a property qualifies as ‘Waqf by user’
In a revision petition challenging the rejection of application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) to reject the plaint on ground that the dispute falls under the exclusive jurisdiction of the Waqf Tribunal, as per Section 85 of the Waqf Act, 1995, a single-judge bench of Birendra Kumar, J., reaffirmed the bar on Civil Court jurisdiction in matters related to Waqf properties and held that once a property is identified as a ‘Waqf by user’, any disputes regarding it must be adjudicated by the Waqf Tribunal. Read more HERE
