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.
transfer of case
‘Twin Conditions under S. 127 of Income Tax Act was not complied with’; Himachal Pradesh HC grants relief to assessee whose tax assessment was wrongly transferred
“A valuable right of assessee is clearly involved in the matter, when he objected to jurisdiction of the assessing officer and transfer of his case, which obviously could not have been adjudicated upon without affording an opportunity of hearing and disclosing to him the reasons for not accepting his point of view.”
Supreme Court dismisses former Principal Sandip Ghosh’s plea against Calcutta HC order transferring RG Kar College corruption case to CBI
Sandip Ghosh was the Principal of the RG Kar Hospital and College where the brutal rape and murder of a doctor took place on 9-08-2024. The Calcutta High Court on 13-08-2024 had transferred the investigation to CBI relating to the doctor’s death.
‘Proceedings still at a nascent stage’; Delhi High Court transfers case for winding up of company to NCLT
The Delhi High Court said that the winding up proceedings which have not progressed to an advanced stage before the High Courts, ought to be transferred to the NCLT.
Dismissal of complaint for non-appearance not justified when case is transferred without intimation: Rajasthan High Court
Rajasthan High Court held that power of the Magistrate under Section 256 CrPC to acquit an accused is “not to be indiscriminately exercised whimsically and mechanically for the statistical purposes of removing a docket from its rack as it undermines the cause of justice.”
Judge vs Judge: Supreme Court transfers Fake Caste Certificates Case from Calcutta High Court to itself
The Supreme Court took suo motu cognizance of the matter and, in a special hearing on Saturday, 27.01.2024, stayed the Single Judge Bench’s order directing the handover of case papers related to the alleged issuance of fake caste certificates to the CBI, despite a division bench stay order.
Bombay High Court allows transfer of divorce case for diabetic wife required to travel 468 Km
The Court also acknowledged the husband’s difficulty taking leave every now and then and allowed him to appear through video conferencing for the days when his physical presence is not required.
Madras HC directs Principal Sessions Court to hear V Senthil Balaji’s bail plea in money laundering case; Set aside transfer of case to MP/MLA Court
“Since the territorial jurisdiction of the present case is in Chennai only, therefore Chennai being one of the jurisdictional area under the notification issued by the Central Government, which comes under the jurisdiction of the PDSJ, Chennai, naturally the said case has to be tried in the said Court”
Criminal justice machinery relentlessly employed against Zubair; process itself has become a punishment: SC
The Court refused to bar Mohd Zubair from tweeting as it would amount to an unjustified violation of the freedom of speech and expression, and the freedom to practice his profession
Supreme Court grants bail to Mohammed Zubair in all FIRs against him; All cases from UP transferred to Delhi
Multiple FIRs have been registered against Alt News co-founder and fact checker Mohammed Zubair for allegedly hurting religious feelings through his tweet.
‘Shivling’ in Gyanvapi Mosque a complex issue; SC transfers the matter to a senior and experienced District Judge
Supreme Court: Considering the complexity of the issue related to a ‘Shivling’ found in the complex of the Gyanvali Mosque in Varanasi,
Cal HC had no jurisdiction to quash CAT Principle Bench’s transfer order in Alapan Bandhopadhyay Case, holds SC, based on this Constitution Bench Law holding ground since 1997
Supreme Court: The 2-judge bench of AM Khanwilkar and CT Ravikumar, JJ has reiterated the position laid down by the Constitution Bench
Muzaffarpur shelter home sexual assault case transferred from Bihar to Delhi
Supreme Court: Slamming the Bihar government for its management of shelter homes, the Court has ordered the transfer of the Muzaffarpur shelter home
Reasonable and bonafide apprehension of bias is valid cause for transfer of case
Bombay High Court: A Single Judge Bench of A.M. Badar, J allowed the application demanding the transfer of case to another court