HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Rapido’s Trade Mark; Magic Mushrooms; Cloud Particle Scam; Sky Force Movie; and more
A quick legal roundup to cover important stories from all High Courts this week.
judicial custody
‘Right to Dignity under Article 21 includes fulfilling marital vows taken during marriage’; Rajasthan High Court grants bail
“Petitioner is a person with family ties and is not a flight risk. Nature of prosecution evidence is mostly all documentary in nature, which has been seized and there is no likelihood of tempering with the same.”
Incriminatory Statement given by PMLA accused in custody is inadmissible in another money laundering case: Supreme Court
“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”
‘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.”
[Delhi Excise Policy Scam] Delhi’s Rouse Avenue Court sends Arvind Kejriwal to judicial custody till July 12 in CBI case
Arvind Kejriwal was granted bail by the Trial Court in the money laundering case on 20-06-2024. However, the Delhi High Court issued an interim stay on the grant of bail the following day after the ED moved a plea. Following this, he was arrested by the CBI on 26-06-2024 and remanded to CBI custody till 29-06-2024
[Excise Policy Case] Delhi Court sends BRS legislator K Kavitha to judicial custody till April 23
Central Board of Investigation submitted in the Court that K Kavitha was not responding to them.
[Delhi Liquor Excise Policy Scam] Delhi Court remands Delhi CM Arvind Kejriwal to judicial custody till April 15
On 21-03-2024, Delhi Chief Minister Arvind Kejriwal was arrested by the ED for his alleged involvement in the Delhi Liquor Excise Policy scam. After the ED’s remand extension expired on 01-04-2024, Rouse Avenue Court extended judicial custody for Kejriwal till 15-04-2024
Delhi High Court dismisses plea of PMLA accused(s) alleging illegal detention for want of judicial order granting judicial custody
The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.
Madras HC issues notice to NIA over filing petition seeking extension of remand order under UAPA at the “eleventh hour”
The petition under Section 43D(2)(b) First proviso of UAPA Act seeking extension of remand order was filed by the respondents a day before the elapse of the 90- days period.
[S. 376 IPC] ‘Status of applicant is merely of a suspect being innocent till proven guilty’; Delhi HC grants bail
The applicant behind bars will be violative of Article 21 as the status of the applicant is merely that of a suspect till the outcome of the proceedings emanating therefrom as the applicant is innocent till proven guilty.
Judicial Custody cannot be extended by mere letter to Court seeking to add more Sections against accused constituting serious offences: Bombay HC
The Court said that extension of remand, particularly after adding new Sections constituting a serious offence, is not a bare formality.
Magisterial custody cannot be challenged by a writ of Habeas Corpus: Manipur High Court
The Manipur High Court held that where a person is taken into custody by an order of Magistrate, then such order cannot be challenged by Writ of Habeas Corpus as the detention cannot be termed as illegal.
Madras High Court directs Tamil Nadu Judicial Academy to conduct a refresher course for the judicial officers, focusing on the special enactments, making them aware of the procedure
While quoting “Can the blind lead the blind? Will they not fall into a pit?”, the Madras High Court said that the first blind person in this case is the Sessions Judge, who was guiding the Magistrate, who was also blind, due to ignorance of the legal position and ultimately, both fell in a pit, leading to illegal and non est orders passed by the Magistrate.
Delhi High Court grants bail to an accused in an illegal international telephone exchange setup located in Chawri Bazar, Old Delhi
The case involves illegal international telephone exchange setup was found in Chawri Bazar, Old Delhi run by one Zulifiqar Ali alias Raja by using new era software-driven technology for routing calls from foreign countries like USA, UAE, Canada, Australia, etc. to India via illegal route of internet by passing the legal international and national call gateways of India.
Bail should not be granted only when person was in the condition of dying; Delhi High Court direct authorities for avoid giving long dates for medical check-up
The Delhi High Court held that grant of bail should not be considered only when the person was in the condition of dying and the authorities should not give long dates to the prisoners for their medical check-up and instead act with promptness, so that check-up could be conducted early.
Delhi High Court| Right of default bail is extinguished the moment charge sheet is filed within the period prescribed
Any irregularity or illegality in the remand order is not a statutorily sanctioned reason for grant of default bail
Failure to produce accused before Special Court while considering extension application under Section 167 CrPC a gross illegality: SC
Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that under Section 167 of the Code of
Patna High Court directs State to ensure guidelines adopted by the State in relation to housing the members of the transgender community in jails must be implemented in letter and spirit
Patna High Court: In a writ petition concerning the transgender community, the division bench of Sanjay Karol, CJ. and S. Kumar, J.
Bail granted to man accused of raping live-in partner. Court notes delay between last sexual intercourse and lodging of FIR
Tis Hazari Courts, Delhi: Ankur Jain, ASJ (SFTC-01), addressed a regular bail application filed under Section 439 of the Criminal Procedure Code.
Here’s why Gautam Navlakha was not able to make a case for default bail before the Supreme Court
Supreme Court: The bench of UU Lalit and KM Joseph*, JJ has dismissed the bail plea of activist Gautam Navlakha arrested in