ADVOCATES
KERALA HIGH COURT | Co-opted bar council members entitled to equal rights and privileges; Cannot be treated as separate class from elected members
In a writ petition filed by the co-opted members of the Bar Council of Kerala (‘BCK’) challenging the decision to exclude them from BCK meetings despite the Bar Council of India (‘BCI’) having extended the term of the XIIth BCK, C.S. Dias, J. said that the BCI, through its resolution, had extended the term of the XIIth BCK, thereby ensuring the petitioners’ inclusion as part of the Council. The Court further said that the Advocates Act and the Rules do not treat co-opted members as a separate or distinct class from elected members, and as such, the petitioners should not be differentiated from the elected members. Consequently, the Court ruled that the petitioners have the right to continue as members of the XIIth BCK until its dissolution. Read more HERE
MADHYA PRADESH HIGH COURT | Advocate General can represent any autonomous body/Corporation of State or charge independent professional fees
In a Public Interest Litigation (PIL) filed by a Law Students Association raising serious allegations against the Advocate General of Madhya Pradesh and other state law officers regarding alleged payment of “exorbitant professional fees” in ongoing litigation involving the Madhya Pradesh Nurses Registration Council (MPNRC), an autonomous body, a Division Bench of Sanjay Dwivedi and Achal Kumar Paliwal, JJ., dismissed the PIL on not finding any prima facie illegality in the case. Read more HERE
CITIZENS, MIGRANTS AND ALIENS
BOMBAY HIGH COURT | ‘Cannot be rendered stateless, residing in India for past 60 years’; Authority directed to consider woman’s citizenship plea
In the present case, the petitioner sought quashing and setting aside of the order dated 31-12-2019 passed by Respondent 3, Deputy Collector (General), Mumbai Suburban District, Mumbai, whereby the petitioner’s application for grant of Indian Citizenship was disposed of on the ground that she did not fulfill the conditions of the Citizenship Act, 1955. The Division Bench of Revati Mohite Dere and Neela Gokhale, JJ., opined that the petitioner could not be rendered stateless as no illegal act was committed by the petitioner; her husband and children held a valid Indian passport; and the petitioner herself being a senior citizen had resided in India for the past 60 years. The Court requested Respondent 3 to consider the petitioner’s application afresh. Read more HERE
CULTURAL AND RELIGIOUS RIGHTS
MADHYA PRADESH HIGH COURT | Why Muslim civilians denied prayer rights at Masjid Noor situated at defence land? Clarification sought
In a writ petition challenging the alleged discriminatory action whereby Muslim civilians are being stopped from offering prayers at Masjid Noor, situated at Old Grant B-3, Land behind the Controller of Defence Account (CDA), Ridge Road, Jabalpur, M.P., a Division bench of Suresh Kumar Kait, CJ., and Vivek Jain, J., issued notice and sought clarification from respondents. Read more HERE
DEFAMATION
DELHI HIGH COURT | Wikipedia directed to delete defamatory allegations against news agency ANI and restore public editing rights on its page
A suit was filed by ANI Media Pvt Ltd. (plaintiff) seeking an injunction to restrain the posting or sharing of any false, misleading, or defamatory content about it on any platform, including Wikipedia (Defendant 1), to direct the removal of such content already published, to prevent users and administrators from posting defamatory material in the future, to lift the edit restrictions placed on ANI’s Wikipedia page, and to disclose the identities and contact details of Defendants 2 to 4. Subramonium Prasad, J., restrained Defendant 1, its users, and administrators from publishing or republishing any defamatory material against the plaintiff on the platform and directed defendant 1, along with any person acting on its behalf or under its authority to take down all false, misleading, and defamatory content related to the plaintiff from its platform, as such content has the potential to harm the plaintiff’s reputation. Read more HERE
DELHI HIGH COURT | Rajdeep Sardesai’s video ordered to be taken down for violating Shazia Ilmi’s privacy; Defamation claims partially accepted
A suit was filed by Shazia Ilmi (plaintiff) seeking to restrain them from making, publishing, circulating objectionable, offensive, ex facie false and allegedly doctored video outraging plaintiff’s modesty in the privacy of her home, followed by public statement with malicious intent, to lower the dignity of the Plaintiff and cast a slur on her temperament and character, which as per the plaintiff is defamatory. Manmeet Pritam Singh Arora, J., while the allegation of the video being doctored was not substantiated, and the Plaintiff failed to approach the Court with clean hands by suppressing relevant tweets from the conversation thread, the Plaintiff’s right to privacy was indeed violated with respect to an 18-second portion of the video as it was recorded without her consent after she had exited the live debate. Read more HERE
DOWRY DEATH
DELHI HIGH COURT | Merely because suicide is committed in parental home and not matrimonial home, does not mean it is not a case of dowry death; Bail application dismissed
The applicant (‘accused’) had filed the present bail application registered for offence under Section 304-B, 306 and 498-A read with Section 344 of Penal Code, 1860 (‘IPC’), Girish Kathpalia, J., stated that it was unable to convince itself that merely because the deceased committed suicide in her parental home and not in her matrimonial home, it was not a case of dowry death. The place where a tormented lady gets compelled to kill herself had no bearing. The Court stated that for purposive interpretation of the provision under Section 304-B IPC, it was the existence and continuance of matrimony which had to be kept in mind and not the places to which the deceased shifts herself before taking her life. Thus, the Court stated that it did not find it a fit case to release the accused on bail and accordingly dismissed the bail application. Read more HERE
GOVERNMENT CONTRACTS AND TENDERS
BOMBAY HIGH COURT | PIL alleging illegality in the tender process for providing ambulances for Emergency Response Service, dismissed
In the present case, challenge was made to a tender dated 4-1-2024 issued by the Commissioner, Health Service and Mission Director, National Health Mission, Mumbai (‘the Commissioner’) for design, build, finance, operate, and transfer (PPP-DBFOT Hybrid Model) Maharashtra Emergency Medical Services (MEMS) Project 2024 (‘the subject tender’). The challenge was even made to the Government Resolution dated 15-3-2024 issued by the Secretary, Public Health Department, State of Maharashtra, and a direction was sought to conduct a full-fledged inquiry, regarding the illegal transactions leading to the subject tender and the subsequent transactions which led to Government Resolution dated 15-3-2024. Further, a direction was sought to issue guidelines for award of Maharashtra Emergency Medical Services (MEMS) project and to lay down standard guidelines pertaining to supply of manpower. The Division Bench of Alok Aradhe*, C.J., and M.S. Karnik, JJ., opined that the entire tender process adopted was fair, transparent, and reasonable and could not be termed as arbitrary, irrational, or mala fide. The Court dismissed the petition and opined that the subject tender was to provide emergency medical services with ambulances across the State of Maharashtra and the said project, being in the public interest, must progress without interruption and the Court’s intervention should be minimal. Read more HERE
GUARDIANSHIP
DELHI HIGH COURT | Directions issued for considering guardianship application and protection of children’s properties
In a petition filed by the minor petitioners, who had lost their parents, stating that the properties belonging to the parents of the petitioners were being frittered away and that they had no other alternative but to approach the present Court and invoke parens partriae jurisdiction to secure their interest, Subramonium Prasad, J., stated that the case of children who were helpless victims of circumstances must be dealt with compassion and a sympathetic attitude and approach must be adopted by the Courts. Thus, the Court issued directions for considering the applications for guardianship and for protection of the properties of the children. Read more HERE
ENVIRONMENT LAW
DELHI HIGH COURT | Permission granted for transplantation of 26 trees to facilitate Supreme Court expansion project
In an application filed by the Central Public Works Department (‘CPWD’) seeking permission of this Court to transplant 26 trees to carry out the project work namely ‘Expansion of Supreme Court Building for creating additional Court rooms including Constitutional Court, Chambers for Judges and Facilities for Lawyers and Litigants’, Jasmeet Singh, J., stated that given that the proposed project pertained to the expansion of the Supreme Court building to accommodate additional courtrooms, including a dedicated Constitutional Court, as well as chambers for judges and essential facilities for lawyers and litigants, the present application needs to be allowed, subject to certain conditions. Read more HERE
INVESTIGATION
BOMBAY HIGH COURT | ‘Accused person died while in police custody, requires thorough investigation’; SIT directed to be constituted in Badlapur Encounter Case
In the present case, two, four-year-old girls were sexually abused at a prominent co-educational school in Badlapur, Thane in September 2024. The petitioner’s son, Akshay Shinde (deceased) was the accused and a case was registered against him with the Badlapur (East) Police Station, Thane, alleging offences punishable under Sections 65(2), 74, 75, and 76 of the Bharatiya Nyaya Sanhita, 2023 (‘BNS, 2023’) along with Sections 4(2), 8, and 10 of the Protection of Children From Sexual Offences Act, 2012 (‘POCSO Act’). The Division Bench of Revati Mohite Dere* and Neela Gokhale, JJ., after perusal of the inquiry report, held that the encounter of the accused in the present case required thorough investigation, as it was undisputed that the accused succumbed to bullet injuries inflicted by a police officer, when he was in police custody. The Court held that the authorities were duty bound to adhere to the principles laid down in Lalita Kumari v. State of U.P., (2014) 2 SCC 1 (‘Lalita Kumari Case’) and ensure that the case which prima facie disclosed the commission of a cognizable offence, was taken to its logical end. Read more HERE
LIQUOR
MADHYA PRADESH HIGH COURT | State’s response sought over accountability for missing liquor stock allegedly handed over in panchnama
In a writ petition challenging the authenticity and execution of documents for handing over a substantial stock of liquor to respondent 5, a Division bench of Suresh Kumar Kait, CJ., and Vivek Jain, J., sought State’s response and directed the State to produce all signatories of the six panchnamas prepared to document the handing over of the stock at the next hearing. Read more HERE
PREVENTIVE DETENTION
MADHYA PRADESH HIGH COURT | State response sought on detention of a man over alleged WhatsApp threat to Prime Minister’s cavalcade
In a writ petition challenging the petitioner’s detention by the police based on vague and unsubstantiated allegations, specifically a WhatsApp message against the Prime Minister and Vice President of India, a single-judge bench of Vishal Dhagat, J., granted time to the respondents to substantiate their claims regarding the WhatsApp message and its connection to the petitioner. Read more HERE
PRISONS, PRISONERS AND PROBATION OF OFFENDERS
MEGHALAYA HIGH COURT | ‘Failed to seek report of Prison Superintendent; District Judge’s opinion reflected Trial Court’s order’; Remission of murder convict’s life sentence, allowed
In a writ petition by a murder convict against the rejection of a plea for remission, the Single-Judge Bench of W. Diengdoh, J. allowed the petition, considering that authorities concerned failed to seek the relevant report of the Superintendent of the Prison wherein the accused was interned and the opinion rendered by Presiding Judge did not take into consideration the guidelines of the Supreme Court in Laxman Naskar (Life Convict) v. State of W.B., (2000) 7 SCC 626. Read more HERE
TELECOMMUNICATIONS LAWS
DELHI HIGH COURT | District Judge, not District Magistrate, has jurisdiction under S. 16(3) of Telegraph Act to adjudicate adequacy and sufficiency of compensation, reiterated
In a writ petition filed praying for the issuance of a writ of mandamus commanding and directing the District Magistrate, to decide their representation dated 30-09-2020, the division bench of Shekhar B. Saraf* and Vipin Chandra Dixit, JJ. reiterated that it is the District Judge, and not the District Magistrate, who possesses jurisdiction under Section 16(3) of the Telegraph Act to adjudicate disputes concerning the adequacy and sufficiency of compensation. In light of this settled legal position and considering that an effective and appropriate alternative remedy was available to the petitioners, the Court found no justification for exercising its writ jurisdiction under Article 226 of the Constitution. Consequently, the writ petition was disposed of on the ground of maintainability, and the petitioners were relegated to seek redress before the competent District Judge in accordance with law. Read more HERE
TRAFFIC MANAGEMENT AND CONTROL
MADHYA PRADESH HIGH COURT | Indore Municipality’s traffic control measures at ‘56 Dukan’ Food Street, upheld
In a writ petition filed under Article 226 of the Constitution of India by 33 petitioners, who are shop owners in the commercial building known as One Centre, situated opposite 56 Dukan, a prominent street food hub in Indore regarding obstruction and alleged encroachment on the access routes and parking space of this building, a single-judge bench of Subodh Abhyankar, J., held that the action of restricting vehicular entry from MG Road was a “well thought and well considered decision taken in larger public interest,” and not arbitrary or illegal. Read more HERE
