Criminal Law Roundup August 2024 | Top Cases on Bail; Contempt of Court; Forceful religious conversions; LGBTQ Rights; and more
Criminal law discussions that unfolded at the Supreme Court and various High Courts in the month of August
Madras High Court
‘Section 29-A of Arbitration Act is procedural and discretion is given to parties to extend arbitration period further for 6 months’ ; Madras HC upholds arbitration award passed beyond 12 months
“The legislative intent of inserting Section 29-A of the Act is only for expeditious disposal of the arbitration proceedings and not to confer a new defence upon an unsuccessful party to challenge the award and to reopen the entire proceedings.”
Intellectual Property Rights | A quick view of top Intellectual Property cases from July and August 2024
A quick recap of top Intellectual Property cases on sale of counterfeit copies of EBC’s books, Nizam’s trade mark, Mankind v. Mercykind, Adidas, L’Oréal, Electronica, and more.
SC Collegium reiterates recommendation to transfer Justice Shamim Ahmed to Madras High Court
On 21-8-2024, the Collegium proposed the transfer of Justice Shamim Ahmed, Judge, High Court of Judicature at Allahabad, to Madras High Court. However, via representation dated 22-8-2024, Justice Ahmed had requested reconsideration.
Can plea bargaining extend to commission of a gender centric offence? Madras High Court answers
“BNS has made certain offences gender neutral. But still, they are gender centric offences and not non-gender offences. There is a sharp difference between gender centric or gender-neutral offence and a non-gender offence.”
HIGH COURT AUGUST 2024 WEEKLY ROUNDUP| Stories on R.G. Kar Medical College; IAS Puja Khedkar; Mankind; and more
A quick review of various High Court cases reported this week
Know Thy Newly Appointed Supreme Court Judge | Justice R. Mahadevan
In recognition of his exemplary service and profound legal insights, Justice R. Mahadevan was appointed as a Judge of the Supreme Court of India and took oath of office on 18-07-2024.
HIGH COURT AUGUST 2024 WEEKLY ROUNDUP| Stories on Yuvraj Singh; Rajdeep Sardesai; Malabar Gold; International tax charges; and more
A quick review of reported cases this week from various High Courts across the country
Madras HC dismisses plea to declare ‘Thirukkural’ as National book of high values and virtues of India
“We are not restricting Thirukural to Tamil Nadu alone but at the same time, we do not want to open the Pandoras box, that will lead to complete chaos. Hence, we are not entertaining the Writ Petition.”
Justice S. Vaidyanathan, Chief Justice of Meghalaya High Court, retires after a tenure of 6 months
Justice S. Vaidyanathan was appointed by the President as new Chief Justice of the High Court of Meghalaya on 02-02-2024 and took charge of his new office on 11-02-2024.
‘Victim abused the judicial process by filing a false FIR’: Madras HC acquits rape convict after noting that victim has a second child with him
“Madras High Court said that, in the instant case, the prosecution has not been able to establish that there indeed was a crime. In fact, there is an abuse of judicial process when the victim set a criminal law in motion, perhaps with a false FIR”
HIGH COURT JULY 2024 WEEKLY ROUNDUP| Stories on Arijit Singh, M.K. Stalin, Nagarik Suraksha Sanhita, right to be forgotten, and more
Have a quick look at what the High Courts across the country adjudicated on through this week.
Delhi High Court grants permission for execution of a decree passed after 20 years against a Company under liquidation
The applicant must have spent considerable resources fighting the suit for the last 20 years and therefore, it would not be appropriate to deprive him of the opportunity to execute the decree obtained in his favour.
Criminal Law Roundup July 2024 | Updates on cases related to quashing of proceedings, wrongful detention, bail, and more
Read July’s share of criminal law discussions at the Supreme Court and various High Courts
Madras HC quashes FIR against former DGP accused of forwarding offensive WhatsApp message against Chief Minister MK Stalin
Madras High Court took note of the affidavit filed by the petitioner, wherein he regretted for his conduct, and he has recorded his regards to M.K.Stalin in unequivocal terms. Further, he said he will not subscribe to or endorse the alleged message in any way.
Madras HC directs Chief Secretary to initiate appropriate action and remove prefixes like ‘Tribal’ from names of Government Schools
“If the Government School is named as “Tribal School”, then what would be the impact in the society. It is painful that even in the 21st century the Government is allowing to use such words in the Government Schools, functioning from and out of public money”
HIGH COURT JULY 2024 WEEKLY ROUNDUP| Stories on age of superannuation; abortion of 28 weeks pregnancy; compassionate appointment; anti CAA protests and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Shocking that an advocate in robes is seeking protection to run brothel’; Madras HC directs Bar Council to ascertain genuineness of his enrollment and educational certificates
“The Tamil Nadu Government to prevent the exploitation of women and trafficking of women, has enacted an Act, viz., the Immoral Trafficking (Prevention) Act, 1956. This Act has been enacted with an aim to prevent the commercialisation of vices and the trafficking of females. This Act does not declare sex work as illegal. However, it prohibits running of brothel centres.”
Madras HC stays suspension of KFC operator’s license in Thoothukudi for reusing cooking oil
There is also prima facie merit in the Sapphire Foods contention that Magnesium Silicate Synthetic far being a prohibited agent is a permitted filtration agent.
Cases Reported in HCC
(2023) 2 HCC (Bom) Labour Law — Industrial Disputes Act, 1947 — S. 25-O (2) — Closure of Undertaking — Whether contractual