HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Marital Rape; Peter England’s Trade mark; Maggie; MP Abdul Rashid’s parole; and more
A quick legal roundup to cover important stories from all High Courts this week.
right to privacy
Using recorded telephonic conversation between wife and her mother as evidence violates right to privacy, thus not admissible as evidence: Himachal Pradesh HC
The right to hold a telephone conversation in the privacy of one’s home/office without interference can certainly be claimed as a “Right to Privacy.”
Justice K.S Puttaswamy, a dedicated champion of Privacy Rights in India, passes away
Late Justice K.S. Puttaswamy played a crucial role in the recognition of the Right to Privacy as a fundamental right.
MP High Court quashes FIR under Section 370 IPC and JJ Act against Christian Missionary over Adoption of Children
The Court held that “the prosecution of the petitioner is sugarcoated with ill-intention and made to belittle his image in the society.”
[Outraging the modesty of woman] “Words and gestures communicated through e-mails also falls within the ambit of S. 509 of IPC”: Bombay HC
“The legislative intent through Section 509 is to deter an action capable of shocking the sense of decency of a woman. The manner in which the offender shocks such sense of a woman is not restricted to oral abuse or gesture alone, but also include statements, speeches, exclamations, notes, all of which could be in a text form relayed whether physically or electronically.”
Independence Day 2024: Celebrating Trailblazing Judgments, Legislations and Policies – Charting the path to ‘Viksit Bharat’
Celebrating the 78th Independence Day by revisiting the most historical legal achievements of the country
[Right to be Forgotten] Delhi High Court grants injunction against India Today Group regarding defamatory posts on acquitted businessman
The right to freedom of expression of the press in the present case must give way to the right to privacy of the plaintiff, especially when he has been exonerated of all the allegations leading to his honourable acquittal.
HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Reliance; Rights of Disabled Persons; NEET UG 2024; Organ trafficking; Bhopal Gas Tragedy and more
A quick legal roundup to cover important stories from all High Courts this week.
Madras HC issues guidelines on disposal of products of conception after MTP of a pregnant minor girl, and on disclosure of her personal details
Madras High Court made the Superintendent of Police of the District concerned responsible if the identity of the minor victim girl or the personal details are revealed to the outside world.
‘Right to be forgotten inherent aspect of right to privacy’; Himachal Pradesh HC directs masking of rape accused’s name after his acquittal
There was no occasion for the State to file the present appeal, as once it is on record that the prosecutrix was living happy married life with the respondent, then, this Court cannot shut its eyes to the ground reality and disturb the happy family life of the respondent and the prosecutrix.
Live location Bail Condition enabling police to constantly track movements and virtually peep into private life of accused cannot be imposed: SC
The Court was considering whether a bail condition requiring an accused to share Google Maps Pin with the investigating officer to access his location violates right to privacy guaranteed under Article 21 of the Constitution.
Know why Karnataka HC refused to quash proceedings against person charged for writing a woman’s mobile number on the walls of men’s toilet at Majestic Bus Stand?
The Court highlighted that in the current digital age, a woman’s modesty can be railroaded by sheer circulation of pejorative statements, pictures or videos in the social media.
GST officers shall not force a person to give statement after office hours; Must follow instructions of GST-Investigation and CBIC while summoning: Jharkhand HC
The Court stated that to speak or not to speak has always been a dilemma for a person called for giving his statement before the Customs Officer, Central Sales Tax Officer, Police Officer etc, as the implications are serious.
Know Thy Judge | Supreme Court of India: Justice Pankaj Mithal
Sitting Judge of the Supreme Court of India, Justice Pankaj Mithal began his tryst with law in the 1980s.
“Accused who has been discharged or acquitted honourably has a right to dignity” Karnataka HC directs Registrar to mask party’s name in the Court’s digital records
Mere erasure of the name of the petitioner in the cause title, does not mean that he is entitled to seek such erasure from the police records. “The direction would be only to enable the internet to forget, like the humans forget. If it is allowed to stay on record, the internet will never permit the humans to forget”.
[Delhi Cantt Rape Case] Delhi High Court nods closure on Rahul Gandhi’s Tweet Controversy disclosing identity of minor victim
Rahul Gandhi informed the Delhi High Court that he has taken down the tweet from 2021 that allegedly disclosed the identity and sensitive details about a minor girl.
Right to privacy of unwed biological mother prevails over the adoptee’s right to know his roots: Calcutta High Court
Calcutta High Court held that petitioner’s delay in initiating the root search impacts the availability of certain documents, and no penal action can be taken against the adoption agency for the absence of the surrender deed.
Supreme Court Constitution Bench Yearly Roundup 2023 | Article 370; Same sex marriage verdict; Maharashtra Political Crisis; Demonitisation verdict; Jalikattu; and more
This year was very busy for the Supreme Court’s Constitution Bench as it dealt with the maximum number of cases and decided major matters like Article 370; Same sex marriage; Maharashtra political crisis; and more
Punjab and Haryana HC allows for production of electronic records as evidence for upholding free and fair trial under S. 91 of CrPC
“The High Court balanced the right to privacy of police officials with the accused’s right to a fair trial, emphasizing that accessing electronic records crucial for defence did not compromise the former unduly.“
[Aadhaar Card] Relationship by marriage does not eclipse the right to privacy: Karnataka High Court
“Right to privacy of Aadhaar number holder preserves the autonomy of the individual’s right to privacy which has been conferred primacy and admits of no exception under the statutory scheme”.