HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Delhi Riots; Bar Association Elections; Fake Anti-Cancer Drug; NOVARTIS Trade Mark; and more
A quick legal roundup to cover important stories from all High Courts this week.
Discharge
Mere threats not with intention to cause alarm would not constitute criminal intimidation; Delhi High Court upholds discharge of accused in sexual assault case
While framing of charges, the Court ought to look at the limited aspect of whether, given the material placed before it, there is grave suspicion against the accused which is not properly explained. Though, for the purpose of conviction, the same must be proved beyond reasonable doubt.
Lawyers’ Strike| MP HC discharges Bar Council members of contempt proceedings following an unconditional apology
In the instant matter, the State Bar Council of MP issued a communication calling on lawyers in the State to abstain from judicial work in order to protest against the High Court’s scheme mandating the disposal of 25 oldest cases every quarter.
Section 216 CrPC does not give any right to accused to file fresh application seeking his discharge post framing of charges: Supreme Court
Without mincing any words, the Court stated that the accused had miserably failed to get himself discharged when he had filed the application under S. 227 CrPC; still however, he filed another vexatious application seeking modification of charge under Section 216 of CrPC to derail the criminal proceedings.
SC clears Chairman & Secretary of Sunshine Educational and Development Society of cheating and conspiracy in false information for AICTE approval case
Supreme Court said that AICTE itself never claimed that it was dishonestly induced to grant such approvals and that essential link is altogether missing, whereby any such criminal charge of cheating can be sustained against the accused persons.
No bar to examine discharged prosecution witness as defense witness: Supreme Court
Supreme Court permitted the appellant to examine the prosecution witness as defense witness and kept it open for the prosecution to cross-examine the said witness.
Tripura HC upholds discharge order of Judicial Officer, who approached Minister of State for Social Justice and Empowerment for his transfer
“The service rule of petitioner being a Judicial Officer is covered by Tripura Judicial Service Rules, 2003 and the ambit of Article 311 of the Constitution pertains to permanent employees and not probationer Judicial Officer.”
[S. 376 IPC] Delhi High Court| Discharging an accused based on the outcome of the polygraph test at the stage of charge is erroneous
The issue under consideration is whether the result of a polygraph test can become ground of discharge of an accused at stage of charge and could the learned Judge while passing order on application for grant of anticipatory bail, pass an order suggesting to the IO to conduct polygraph test of accused and victim to ascertain the truth of the matter without there being a prayer by accused or prosecution.
Explained | Supreme Court verdict on claim of maternity benefits beyond the duration of contractual employment
“The expression “discharge” is of wide import, and it would include “discharge on conclusion of the contractual period”.”
[Drug Trafficking] 34 kgs heroin seized at ICD Tughlkabad, Delhi; Delhi Court discharges accused due to lack of evidence
Delhi Court observed that as per the series of events, the accused was made a scapegoat in case things did not work out as planned.
Kerala High Court| Object of an enquiry under S. 33 (2) (b) of the Industrial Dispute Act, 1947 is to lift the veil to find out any hidden motive in punishing the workman
Kerala High Court: In a petition challenging the order dismissing the application filed under Section 33(2)(b) of the Industrial Disputes
AFT grants war injury pension to soldier who sustained injuries resulting in disability during Operation Hifazat
Armed Forces Tribunal (Chandigarh Bench): The Bench of Justice Dharam Chand Chaudhary (Member J) and Vice Admiral HCS Bisht (Member A), granted