CRIMINAL LAW
‘Amendment of charges post witness examination should not lead to de novo trial’; Allahabad HC upholds conviction of seven men in honour killing case
In a batch of appeals filed against the judgment of conviction and the order of sentence passed by Special Judge (Prevention of Corruption Act), Meerut, in Sessions Trial for offences under Sections 147, 302 read with Section 149 of Penal Code, 1860 (‘IPC’), the division bench of Siddharth and Praveen Kumar Giri*, JJ. highlighted that once the examination-in-chief and cross-examination of witnesses have been completed and their evidence is on record, the subsequent amendment or addition of charges should not result in a de novo trial. Instead, witnesses should only be permitted to depose with respect to the newly added or altered charges, preventing any opportunity to retract or contradict their earlier testimony. The Court said that while a man may lie, circumstances do not. Even the witnesses who later turned hostile admitted that both deceased individuals were murdered. Although they attempted to attribute the act to unknown persons, they failed to provide any motive for such individuals, whereas the convicts had a clear motive, being aggrieved by the relationship between their daughter/sister which they perceived as dishonourable. In light of the above findings, the Court concurred with the conclusions of the Additional Sessions Judge and upheld the conviction of the convicts under Sections 147 and 302 read with Section 149 of the IPC. Read more
Allahabad High Court grants bail to a man accused of manufacturing synthetic milk and paneer from harmful chemicals for over two decades
In a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking relief in connection with offences under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023, as well as Sections 26(1), 26(2), 26(4) and 59(1) of the Food Safety and Standards Act, 2006, the Single Judge Bench of Ashutosh Srivastava, J granted bail to the accused. Read more
‘Classic case of honey trap’; Bombay HC grants bail to former Navy apprentice accused of sharing sensitive information
The present application was filed under Section 4391 of the Criminal Procedure Code, 1973 (‘CrPC’) seeking regular bail in connection with FIR registered with Kalachowki Police Station for offences under Sections 3(1)(a)(c), 4, 5(1)(a)(b)(d) and 9 of the Official Secrets Act, 1923 (‘the 1923 Act’) read with Section 120-B2 of the Penal Code, 1860 (‘IPC’). A Single Judge Bench of Milind N. Jadhav, J., opined that it was prima facie evident that the applicant was honey trapped in sharing sensitive and confidential information of ships and boats which were docked in the Naval Dockyard. The Court granted bail to the applicant and opined that he was at the threshold of his career and adult life having an excellent academic background, therefore, subjecting him to further custody would make it highly likely that he would be entangled in the vicious cycle and downward spiral of criminality making him a hardened criminal posing a future perpetual threat to society. Read more
Calcutta High Court grants bail in Rs. 37.29 cr GST ITC fraud case involving arrest without adjudication
A petition was filed under Section 439 of Criminal Procedure Code/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023, by the petitioner who is in custody in connection with a case dated 31-03-2025 under Sections 132 (1) (c) read with 132 (5) of the Central Goods and Service Tax Act 2017, pending before the Additional Chief Judicial Magistrate Siliguri Darjeeling. Biswaroop Chowdhary, J. granted bail and held that the arrest of the petitioner without fresh incriminating material, without adjudication, and despite the petitioner’s cooperation was disproportionate and legally unjustified. Read more
Kerala High Court grants 15 days parole to businessman Mohammed Nisham, serving life sentence in security guard murder case
In a writ appeal filed challenging the judgment passed by the Single Judge, wherein it rejected the prayer for granting parole to the husband of the appellant, a Mohammed Nisham prisoner, undergoing his life sentence at the Central Prison and Correctional Home in a 2015 case of killing a security guard by running over him, the division bench of Raja Vijayaraghavan V* and P. V. Balakrishnan, JJ. set aside the judgment passed by the Single Judge and directed the competent authority to grant parole to the Mohammed Nisham for a period of 15 days, subject to such conditions as the authority deemed fit and proper. Read more
Heinous acts of abduction, armed threat, assault, coerced self-incrimination is detrimental to public order & beyond scope of private dispute: MP High Court
In an application filed under Section 482 of the Criminal Procedure Code, 19731 seeking quashment of FIR for the offences, abduction from public spot, assault and making false video with self-incriminating words under threat, based on the compromise between the parties, especially considering the nature and gravity of the offences alleged, a single-judge bench of G.S. Ahluwalia, J., refused to quash the FIR and held that the offences alleged were serious and against societal interest, thus not fit for quashment on the basis of compromise. Read more
MP High Court imposes Rs 5 lakh fine on Bhopal DIG for suppressing evidence in murder probe
In an application filed under Section 482 of the Criminal Procedure Code, 1973 (CrPC) against the trial court’s order which rejected applicant’s application for production of record where the Police, in spite of court’s order failed to preserve the CDR and mobile location records, a single-judge bench of G.S. Ahluwalia, J., took strong exception to the conduct of the police authorities an directed to initiate contempt proceeding and departmental inquiry against the then Superintendent of Police (SP) (who is currently posted as DIG, Bhopal). The Court further imposed Rs 5 lakh fine on DIG for suppressing evidence. Read more
Read why MP High Court stayed proceeding under Section 307 IPC against BJP leader Akshay Kantilal Bam till next date of hearing
In a petition filed by petitioners, including BJP leader Akshay Kantilal Bam seeking stay of proceedings before the Sessions Court, a single-judge bench of Sanjeev S. Kalgaonkar, J., stayed further proceedings till next date of hearing and directed the State to submit the case diary and relevant documents. Read more
Nepal Student’s Death at KIIT | Orissa HC grants interim relief, stays NHRC proceedings
In a criminal writ petition by Kalinga Institute of Industrial Technology, Bhubaneswar (‘KIIT’) challenging National Human Rights Commission’s (‘NHRC’) order taking cognizance of the matter alleged suicidal death of a female under-graduate student from Nepal, the Single Judge Bench of Dr. SK Panigrahi, J. allowed the plea and granting interim relief to KIIT, stayed the impugned decision and all further proceedings against KIIT. KIIT also impugned the direction for the constitution of Spot Inquiry Team in the said matter. Read more
BANK SCAMS
[Karuvannur Bank Scam] Kerala High Court cautions police to ensure fair and unbiased investigation, free from political influence
In the Karuvannur Bank Scam, the Single Judge Bench of D. K. Singh, J. directed the Investigating Officer to investigate the role of all the accused who had been named by the Enforcement Directorate in the ECIR filed by them. The Court also warned the Investigating Officer against coming under any pressure from political or bureaucratic quarters and emphasised that he was expected to conduct the investigation in a fair and unbiased manner. Read more
FAMILY LAW
Any marriage solemnized in Arya Samaj Mandir as per Vedic procedure is valid marriage under Hindu Marriage Act: Allahabad HC
In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), for quashing the entire criminal proceeding pending in the court of Additional Chief Judicial Magistrate, for a case under Sections 498-A, 506 of the Penal Code, 1860 (‘IPC’), the Single Judge Bench of Arun Kumar Singh Deshwal, J. held that when a marriage between two Hindus (male and female) is performed in accordance with the applicable rites and ceremonies of Hinduism, such a marriage will be valid, even if it is performed in an Arya Samaj Mandir, in a temple, house, or any open place. The place of the marriage is irrelevant under Section 7 of the Hindu Marriage Act. What is critical for the validity of the marriage is the adherence to Hindu customs and rites. Read more
LIVE-IN RELATIONSHIP
‘Adult parents are entitled to live together, even without formal marriage’: Allahabad HC grants police protection to interfaith live-in couple amid threats
In a writ petition filed by a child alleging threats from the former in-laws of her mother to her parents, who are in a live-in relationship, the Division Bench of Shekhar B. Saraf and Vipin Chandra Dixit, JJ. viewed that, under the constitutional framework, both parents, as adults, were entitled to live together, even without formal marriage. Hence, the Court directed the Superintendent of Police, Sambhal, to ensure that the First Information Report (‘FIR’) is registered, should the child’s parents approach the station. The Court also instructed the Superintendent of Police to assess whether any security measures were necessary for the protection of the child and her parents, in accordance with the law. Read more
Runaway couples must learn to face society, cannot claim security as a matter of course or right: Allahabad High Court
In a writ petition filed seeking a direction to the respondents not to interfere in the peaceful marital life of the petitioners, Saurabh Srivastava, J. found that there was no serious threat perception to the petitioners, and accordingly held that there was no necessity to pass any order for providing police protection to them. In light of the above, the Court found no ground to warrant its indulgence in respect of the reliefs sought in the writ petition. Accordingly, the petition was disposed of. Read more
RIGHTS OF PERSONS WIHT DISABILITY
Bombay High Court directs State Advisory Board to consider grievances of differently abled persons for accessibility at bus stops/terminals
The Division Bench of Alok Aradhe*, C.J., and M.S. Karnik, J., directed the State Advisory Board on Disability to consider the prayers made in relation to implementing Accessibility Guidelines for Bus Stops and Bus Terminals, 2021 and the Harmonised Guidelines and Space Standards for Barrier Free Built Environment, 2016 and to take action for redressal of the grievances of the differently abled persons. Read more
ADOPTION
Parents of two children suffering from disabilities can adopt a third normal child: Bombay High Court
In a case wherein, the petitioners having two biological children suffering from disabilities, wanted to adopt a third normal child, but their application was rejected, the Division Bench of G.S. Kulkarni and Advait M. Sethna, JJ. opined that in complex and emotional mindset, the parents of the children with disabilities naturally would have an intense dedication, desire, and happiness to receive a normal child in adoption to balance their life and to have an experience to raise a normal child, which they were missing. The Court opined that it could never be the intention of the statutory mandate that a couple which already had disabled children could be barred from adopting a normal child. The Court thus directed the respondents to reconsider the petitioners’ application in accordance with law and by applying the power of relaxation under Regulation 63 of the Adoption Regulations, 2022 (‘the 2022 Regulations’). Read more
VEHICLES SEIZED BY POLICE
Bombay High Court directs framing of policy to deal with dumping of seized vehicles on public roads
The present petition raised the issue of the dumping/parking/storing of vehicles seized by the Officer-In-Charge of the Police Stations occupying public roads, streets, and/or the surroundings of the police stations in Mumbai. The Division Bench of G.S. Kulkarni and Advait M. Sethna, JJ., directed the Additional Commissioner of Police, Traffic Division, and Inspector General of Police/State of Maharashtra to prepare a concrete mechanism regarding the vehicles being immediately taken to the appropriate place after they were seized, and that the vehicles did not encroach on roads, pavements/footpaths or were parked/stored in the vicinity of the police stations in whose jurisdiction they had seized. Read more
CITIZENSHIP
Calcutta High Court rejects plea for citizenship verification of election candidates ahead of 2026 West Bengal polls
A PIL was filed by the petitioner seeking a direction to the Election Commission of India, urging it to take full responsibility for conducting complete citizenship verification of candidates and raising concerns about foreign nationals illegally obtaining Indian citizenship and participating in the electoral process. A Division Bench of T S Sivagnanam, CJ., and Chaitali Chatterjee, JJ., disposed of the petition and held that the existing procedures followed by the Election Commission of India were adequate and that the introduction of a new process, as sought by the petitioner, was not within the scope of judicial intervention. Read more
PENSION
‘Pension is hard-earned benefit, can’t be withheld without authority of law as per Art. 300-A’; Chhattisgarh HC quashes pension recovery order passed against retd. public servant
In a writ petition filed by a retired public servant seeking quashing of the order whereby permission was granted to recover Rs 9.23 lakhs from the petitioner’s pension under Rule 9 of the Chhattisgarh Civil Services (Pension) Rules, 1976 (‘the Rules’), a Single Bench of Bibhu Datta Guru, J., allowed the petition, holding that there was nothing to establish that the deceased was found guilty in any judicial or disciplinary proceeding. Thus, the impugned order was not sustainable in the eyes of the law. Accordingly, the Court ordered the State to refund any amount that had already been deducted. Read more
SERVICE LAW
Delhi High Court upholds cancellation of Junior Court attendant candidature over criminal allegations despite acquittal
A petition was filed by the petitioner challenging the order dated 21-10-2022, issued by the Supreme Court Recruitment Cell, whereby his candidature for the post of Junior Court Attendant (JCA) in the establishment of the Supreme Court of India was cancelled as well as seeking a direction for his appointment to the said post. Prateek Jalan, J., held that there was no infirmity in the decision of the Supreme Court Recruitment Cell to cancel the petitioner’s candidature for the post of Junior Court Attendant (JCA). Read more
Only legally recognised heirs, preferably through a succession certificate, can stake a claim to deceased’s employment dues: MP High Court
In a writ petition filed, under Article 226 of the Constitution of India, by legal representative of the deceased seeking multiple reliefs related to employment benefits, a single-judge bench of G.S. Ahluwalia, J., disposed of the petition and held that the only legally recognised heirs, preferably through a succession certificate, can stake a claim to the deceased’s dues, which is petitioner’s case. Read more
‘Employee not at fault for service interruption; entitled to all service benefits’; Madras HC directs authorities to grant retirement benefits to former Village Administrative Officer
In a writ petition filed against the order of the Tehsildar, seeking to quash the same as illegal, particularly insofar as it pertains to the non-regularization of the petitioner’s services for the period from 01-02-2018 to 18-03-2019, the petitioner has also sought a consequential direction for the grant of retirement benefits along with interest, the Single Judge Bench of Battu Devanand, J. held that the impugned order was illegal, unjust, and contrary to the division bench judgment of this Court, and therefore, it was liable to be quashed. Further, the Court directed the respondents to grant and disburse the retirement benefits due to the petitioner, for the entire period of service including the period from 01-02-2018 to 18-03-2019, within a period of four weeks from the date of receipt of a copy of the order. Read more
PROFESSIONAL MISCONDUCT
Delhi High Court stays BCI’s ban on advocate’s legal practice pending challenge to professional misconduct order
A petition was filed seeking quashing of the order dated 27-02-2025, passed by the Bar Council of India (BCI) wherein the BCI has inter-alia, prohibited the petitioner from doing any legal practice as well as to set aside the order dated 23-03-2024, issued by the Bar Council of Punjab and Haryana. Mini Pushkarna, J., issued notice to the respondents and suspended the operation of Para 15(iv) of the BCI’s said order dated 27-02-2025, and listed the matter for further hearing on 01-08-2025. Read more
TRADE MARK
Delhi High Court grants permanent injunction and Rs. 5 lakh damages to Harley-Davidson in trademark suit against Red Rose Industries
A suit was filed by the H-D U. S. A., LLC (plaintiff) seeking relief of permanent injunction restraining the defendants from infringing the trademarks and copyright of the plaintiff, passing off their goods and services as that of the plaintiff, and other ancillary reliefs. Amit Bansal, J., granted a decree of permanent injunction in favour of the plaintiff, restraining the defendant from manufacturing, selling, advertising, or dealing in any goods bearing the infringing mark/logo or any mark/logo deceptively similar to the plaintiff’s trademarks. The Court also directed the destruction of all infringing goods in the defendant’s possession and awarded Rs. 5,00,000/- as damages and costs to the plaintiff. Read more
EDUCATION LAW
Delhi High Court restrained DPS Dwarka from confining or discriminating against students over fee disputes
A petition was filed by Delhi Public School, Dwarka (applicant) seeking that appropriate directions be issued, restraining the petitioner school from taking any coercive action/discriminatory steps against the students at the petitioner school, who are allegedly in arrears of fees. Sachin Datta, J., restrained the school from confining students in the library, preventing them from attending classes, segregating students based on fee payment status, restricting interaction with fellow students, denying access to school amenities and subjecting them to any other form of discrimination or prejudice. Read more
‘Private colleges must desist from giving irregular admissions’; Rajasthan High Court regularises NEET-qualified students’ irregular admission with fine
In a writ petition challenging the cancellation of admissions of several students to various dental colleges in Rajasthan for the academic sessions 2018—19 and 2019—20, a single-judge bench of Dinesh Mehta, J., allowed the writ petitions in equity though affirmed the DCI’s discharge order dated 03-12-2019 on merits. The Court regularised the admissions of all petitioners subject to payment of a token fine of Rs. 1 lac per student. Read more
LIQUOR LICENSE
Delhi High Court allows Hauz Khas ‘Social’ to resume liquor sales; Excise Department’s ban quashed amid licensing delay
A petition was filed by Epiphany Hospitality Pvt. Ltd. (petitioner) the operator of the restaurant-cum-bar ‘Hauz Khas Social’, challenging the action of the Department of Excise, GNCTD, directing it to halt the sale of liquor from its premises on the ground of non-availability of a valid Eating House License being arbitrary and without legal basis. Sachin Datta, J., held that the petitioner’s excise license remained valid and that, as per the Delhi Eating House, Registration Regulations, 2023, the Eating House License must be deemed valid during the pendency of its renewal application and thereby quashed the directions of the Excise Department and allowed the petitioner to resume liquor sales, while directing the Licensing Unit to process the renewal of the Eating House License expeditiously. Read more
CUSTODY
‘Child becomes unintended victim in custody battles’: Gujarat HC refuses relief to father who claimed custody after previously agreeing to give child to mother
In a civil revision application filed by the petitioner-mother against the rejection of her application filed under Order 7 Rule 11 of Code of Civil Procedure, 1908 (‘CPC’) against the respondent-father’s petition filed under Section 25 of the Guardian and Wards Act, 1890 (‘GWA’), a Single Judge Bench of Sanjeev J. Thaker, JJ., allowed the petition, holding that the custody of the minor child was with the mother by a valid agreement between the parties and since no application was made under Section 26 of the Hindu Marriage Act, 1955 (‘HMA’), no relief could be granted to the father under Section 25 of the GMA. Read more
GUIDELINES
‘Prima facie prostitution rackets operating in entire State’; Punjab and Haryana HC directs State Government to frame guidelines/policy regulating spa, massage centres
In a writ petition filed by several petitioners seeking directions against police interference in the operation of their beauty parlours, massage and spa centres, a Single Judge Bench of Kuldeep Tiwari, J., disposed the petition, noting that prostitution rackets were being run under the garb of such centres and directed the State to frame guidelines/policy regulating the operations of spa and massage centres within three months. Read more
RIGHT TO LIFE AND LIBERTY
‘Part of right to life under Art. 21’; P&H HC quashes notification clause providing cut-off date for grant of electricity connection in unauthorized colony
In a writ petition filed by a petitioner aggrieved by a government notification (‘the notification’) whereby regarding the grant of electricity, only those allottees who have entered into power(s) of attorney or agreement(s) to sell on stamp paper or were having any registered document upto 31-07-2024, were endowed to claim, the Division Bench of Sureshwar Thakur* and Vikas Suri, JJ., allowed the petition, holding that the impugned clause in the notification was meaningless and/or redundant as it was neither based on any intelligible differentia nor did it have any nexus with the objective sought to be achieved, i.e., compounding unauthorized constructions. Read more