HIGH COURT MAY 2025 WEEKLY ROUNDUP | Stories on Karan Johar’s personality rights; Former MP Harinarayan Rajbhar’s Bail; Swaran Rekha River Revival; and more

A quick legal roundup to cover important stories from all High Courts this week.

High Court Weekly Roundup

ABETMENT TO SUICIDE

DELHI HIGH COURT | Emotional/mental vulnerability due to depression, & other psychiatric problems to be considered in abetment of suicide cases; Higher proof of instigation required

In the applications filed by the petitioners (‘accused persons’) under Section 438 of the Criminal Procedure Code, 1973 for the grant of anticipatory bail for an offence registered under Sections 306 and 34 of the Penal Code, 1860 (‘IPC’), Ravinder Dudeja, J., stated that a person’s emotional or mental vulnerability due to depression and other psychiatric problems is a big factor to be considered in a case of abetment of suicide. Therefore, in such cases, higher proof of instigation is required. Thus, after careful consideration of the facts and circumstances of the present case, the Court directed that in the event of the arrest of the accused persons, they should be released on furnishing personal bonds in the sum of Rs. 30,000 with one surety of the like amount each to the satisfaction of Arresting Officer/Investigating Officer. Read more HERE

ANIMALS, BIRDS AND FISH

KARNATAKA HIGH COURT | Directions issued to minimize the risk of elephants succumbing to death by electrocution

While considering the instant petition concerning death of elephants by electrocution and by other unnecessary causes; the Division Bench of N.V. Anjaria, CJ and M.I. Arun, J., held that it is essential that the competent authorities commit themselves to conserve and preserve the animal-asset-elephant to minimize, avoid and obliterate the risk of elephants succumbing to death by electrocution. The Court said that ensuring that the elephants are kept away from the risk of electrocution is in the hands of Forest Department and measures which could be taken in that regard are under their control. Hence the Court issued certain directions, holding that these measures must be taken steadfastly. Read more HERE

AVIATION LAW

BOMBAY HIGH COURT | Rs 1.5 crore costs imposed on AAI over unpaid airport charges dispute with Irish Company Aer Lingus Ltd, stayed

In a case wherein the applicant, Airport Authority of India filed a suit for non-payment of airport charges and impleaded Respondent 1, Aer Lingus Ltd. as it leased aircrafts to Respondents 2 and 3, by the judgment dated 3-1-2025 (‘the impugned judgment’), the Trial Court had opined that the applicant was not entitled to claim the charges from Respondent 1 as it had leased its aircrafts to Respondents 2 and 3 and thus, they were liable for the charges. The Trial Court further opined that the applicant colluded with Respondents 2 and 3 to exercise its right to recover dues from Respondent 1, thus, exemplary costs of Rs 1 crore and litigation costs of Rs 50 lakhs were imposed on the applicant. The Division Bench of Alok Aradhe, C.J., and M.S. Karnik*, J., while considering the applicant’s prayer seeking stay of the interim operation and effect of the impugned judgment till final disposal of appeal, opined that merely because Respondent 1 was made party to the suit and a claim was made against it was not sufficient to impose exemplary costs and the finding that there was collusion between the applicant’s officials and Respondents 2 and 3, was prima facie, misconceived. Thus, the Court directed that the impugned judgment against the applicant should be stayed. Read more HERE

BAIL

DELHI HIGH COURT | Bail granted to YouTuber Santhosh Varkey for objectionable Facebook post on female actors

In a bail application filed by YouTuber Santhosh Varkey, popularly known as Arattannan, who was accused of offences punishable under Sections 75(1)(iv), 75(3), and 79 of the Bharatiya Nyaya Sanhita, 2023, Section 67 of the Information Technology Act, 2000, and Section 120(o) of the Kerala Police Act, 2011, the Single Judge Bench of M.B. Snehalatha*, J. said that a fair and thorough probe could still be ensured by granting bail to Santhosh. Hence, having regard to the period of detention already undergone and the progress made in the investigation, the Court viewed that the grant of bail would not impede the ongoing investigation. Accordingly, bail was granted subject to certain conditions. Read more HERE

BOMBAY HIGH COURT | Anticipatory bail plea of Former MP Harinarayan Rajbhar for allegedly misusing Government’s emblem to issue appointment letters, rejected

In the present case, an application for anticipatory bail was filed under Section 438 of the Criminal Procedure Code, 1973 in a case registered with Mumbra Police Station against the applicant for the offence punishable under Sections 406, 420, 467, 468, 471, and 500 read with Section 34 of the Penal Code, 1860, for allegedly making appointment letters by using the letter head with the Central Government’s emblem, and inserting his signature on the Id-card which bears the Central Government’s emblem and name of Government of India. A Single Judge Bench of Rajesh S. Patil, J., took note of the allegations against the applicant that he with his team, by using the Central Government’s emblem, using his letter head which had the emblem of the Central Government, issued id-cards and appointment letters on the letter head, had duped many persons including the complainant. The Court rejected the bail application and opined that to investigate the present matter; the applicant’s interrogation would be necessary. Read more HERE

COURT FEES

MADHYA PRADESH HIGH COURT | Court Fee must be paid on sale consideration when declaratory suit involves title based on agreement to sell

In a petition filed under Article 227 of the Constitution of India against the trial court’s order allowing defendants-respondents application and directing the petitioner to pay court fees on ₹11,05,000/- despite the suit being framed only for declaration and injunction, a single-judge bench of Milind Ramesh Phadke, J., upheld the trial court’s order dated as it did not suffer from material irregularity or illegality and held that valuation of court fee must be based on real relief sought and not on mere drafting. Read more HERE

CRIMES AGAINST WOMEN

ALLAHABAD HIGH COURT | Unnatural sexual intercourse by husband without wife’s consent punishable under Section 377 IPC

In an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the entire proceedings of a criminal case involving offences under Sections 498-A, 323, 504, 506, and 377 of the Penal Code, 1860, (‘IPC’) and Section 3 read with Section 4 of the Dowry Prohibition Act, pending before the Court of the Additional Chief Judicial Magistrate, including the chargesheet and the summoning/cognizance order, the Single Judge Bench of Arun Kumar Singh Deshwal*, J. declined to quash the case, and held unnatural sexual intercourse by a man with his own wife without her consent, even if she is above 18 years, would be punishable under Section 377 IPC though that may not be rape as per Section 375 IPC. Read more HERE

EDUCATION LAW

TELANGANA HIGH COURT | ‘Suspension from exams too harsh & disproportionate to alleged act of indiscipline’; NMIMS Hyderabad directed to allow final year law student to sit for exams

In a writ petition filed by a final year law student of SVKMs Narsee Monjee Institute of Management Studies, Hyderabad (‘the University’), against his suspension from appearing in term end examinations for allegedly exposing a food poisoning incident that took place at the University, a Single Judge Bench of B. Vijaysen Reddy, J., directed the University to allow the student to appear for the remaining exams, stating that the action taken against him was too harsh and disproportionate. Read more HERE

RAJASTHAN HIGH COURT | Right to Education | Permission granted for minor rape survivor’s admission to school under Article 21-A

In a writ petition filed by petitioner, a 11-year-old rape survivor, seeking Court’s permission to be admitted to Class-III and continue her education, a single-judge bench of Anoop Kumar Dhand, J*., recognised her fundamental right to education under Article 21-A of the Constitution and issued directions to ensure that she is provided with an opportunity to continue her education. Read more HERE

ENVIRONMENT LAW

MADHYA PRADESH HIGH COURT | Swaran Rekha River Revival | Directions issued to invoke ‘Social Audit’ for Civic Accountability and Urban Governance

In a Public Interest Litigation (PIL) seeking revival of the Swaran Rekha River in Gwalior, a Division Bench of Anand Pathak and Hirdesh, JJ., issued directions to invoke ‘Social Audit’ for civic accountability and urban governance for the revival of Swaran Rekha River. Read more HERE

GUARDIANSHIP

DELHI HIGH COURT | ‘Child’s interest is of paramount consideration in matrimonial/guardianship dispute’; School directed to issue minor’s TC denied due to father’s objection

In a petition filed to direct Respondents 1 and 2 to issue Transfer Certificate (‘TC’) of the petitioner in Respondent 4’s favour, Vikas Mahajan, J.*, disposed of the present petition directing the previous school to issue the TC to the petitioner within a period of one week from the date of receipt of copy of this order. However, in case the previous school feels aggrieved with the present order, it should be at liberty to file an application to seek revival of the present petition. Read more HERE

INTELLECTUAL PROPERTY

DELHI HIGH COURT | Injunction granted to Wipro; restrains ‘Macklean’ from using deceptively similar mark to ‘Maxkleen’

A suit was filed by Wipro Enterprises Private Limited (plaintiff), one of India’s fastest-growing FMCG companies seeking urgent relief against trademark infringement and passing off by Global Care Industries (defendants) against mark “MACKLEAN” being deceptively similar to “MAXKLEEN”. Amit Bansal, J.*, restrained the Global Care Industries and its associated individuals, directors, agents, distributors, and anyone acting on their behalf from using, selling, offering for sale, supplying, advertising, exporting, importing, or dealing in any goods under the mark “MACKLEAN” or any other mark identical or deceptively similar to “MAXKLEEN” or “WIPRO MAXKLEEN,” pending disposal of the present application. Read more HERE

BOMBAY HIGH COURT | Single Judge’s decision to stay release of film “Shaadi Ke Director Karan Aur Johar”, upheld

The appellant filed an appeal under Section 13 of the Commercial Courts Act, 2015 challenging the order dated 7-3-2025 passed by the Single Judge of this Court, whereby interim injunction was granted to Respondent 1 and the appellant and Respondents 2 and 3 were restrained from using the name of Respondent 1, Karan Johar, together, or in parts and from using the attributes of the personality of Respondent 1 in the title of the cinematographic film “Shaadi Ke Director Karan Aur Johar”/“Shaadi Ke Director Karan Johar”, in the trailers and in any other promotional materials including social media platforms, the appellant’s website, hoardings/advertisements in public places. The Division Bench of Alok Aradhe, C.J., and M.S. Karnik*, J., opined that using the name “Karan” and “Johar” in the film’s title together along with “directors” indicated the appellant’s intention to use the brand name of Respondent 1 to attract the audience and violate Respondent 1’s goodwill and reputation, right to privacy, and personality right as the name “Karan Johar” was solely associated with Respondent 1. The Court held that there was no scope to interfere with the impugned order granting an injunction in favour of Respondent 1. Read more HERE

MADRAS HIGH COURT | [Infringement of Personality Rights] Meta and Telegram ordered to remove accounts exploiting classical dancer Anita Ratnam’s photos and audio for commercial gain

In a suit filed seeking relief in respect of alleged infringement of the personality rights of classical dancer Dr Anita R Ratnam, she has presented multiple interim applications seeking injunctive relief in addition to the application for combination of causes of action, the Single Judge Bench of Senthilkumar Ramamoorthy, J. concluded that the celebrity status and personality rights of Dr. Ratnam had been misused for commercial purposes. Consequently, the Court issued an interim injunction directing Meta and Telegram to take down the links. Read more HERE

INVESTIGATION

BOMBAY HIGH COURT | ‘Culture of copy pasting statements is dangerous’; State directed to make guidelines for investigating officers on how to record the statements

The Division Bench of Vibha Kankanwadi* and Sanjay A. Deshmukh, JJ., after considering the issue of statements being copy pasted by the investigating officers even in serious offences, directed the State to come out with specific guidelines for the investigating officers and also in respect of, how to record the statements. The Court further, appointed Advocate Mukul Kulkarni as Amicus Curiae and directed him to collect data and suggest measures to be taken by the State Government to avoid situations of copy paste and to overall improve the quality of investigation. Read more HERE

JUDICIARY

BOMBAY HIGH COURT | Judge alleges ploy by Advocates to frame him; Directs police inquiry

On 29-04-2025, a Single Judge Bench of Madhav J. Jamdar, J., alleged that the advocates against whom he had proceeded, namely, Mr. Mathews Nedumpara and Mr. Vijay Kurle, had attempted to frame him in a financial transaction concerning a flat owned by him and his wife. Accordingly, the Court directed a police inquiry into the same. Read more HERE

LABOUR LAW

HIMACHAL PRADESH HIGH COURT | ‘MNREGA worker not workmen/employee under Workmen Compensation Act’; Compensation denied to deceased MNREGA worker’s heirs

In an appeal filed by the legal heirs of a Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (‘MNREGA) worker against dismissal of their claim under the Workmen Compensation Act, 1923 (‘WC Act’) for compensation since the deceased passed away in the course of employment, a Single Judge Bench of Vivek Singh Thakur, J., dismissed the appeal, holding that MNREGA workers are not workmen/ employee under the WC Act and thus, had no right to claim compensation under the WC Act. Read more HERE

LAND ACQUISITION AND REQUISITION

DELHI HIGH COURT | ‘Right to property occupies sacrosanct position’: Centre ordered to pay Rs. 1.76 crore for illegal occupation of private property for two decades

In a civil suit seeking damages of mesne profits, loss of market rent and the damages arising out of outstanding property tax, along with pendente lite and future interest, etc., Purushaindra Kumar Yadav, J.*, stated that the plaintiffs were able to sufficiently establish that the occupation of Defendant 1 over the suit property for the period from 1-5-1999 to 2-7-2020 was illegal. Thus, the Court concluded that the plaintiffs were entitled to mesne profits amounting to Rs. 1,76,79,550, to be paid by the defendants. Further, the Court awarded an interest at the rate of 6% p.a., on the mesne profits from the start of the illegal occupation to the date of handover. Read more HERE

MEDICAL/HEALTH SERVICES

BOMBAY HIGH COURT | State directed to consider separate registration facility for patients who will need organ transplant in future

In a case wherein, the petitioner was a patient of Chronic Kidney Disease (CKD) Stage-V, but was not on dialysis, was denied registration by Respondent 2, Zonal Transplant Coordination Centre, Pune, for cadaveric kidney transplantation stating that he was not a case of end stage renal disease on maintenance dialysis, the Division Bench of G.S. Kulkarni and Advait M. Sethna, JJ., opined that the respondents should consider whether a separate registration facility could be provided to those patients, who in future would imminently require an organ transplant, so that when the need for a transplant arises, such list could be operated on proper medical certification and such patients could be recognized to receive an organ for a transplant. Read more HERE

PUBLIC PROPERTY

MADHYA PRADESH HIGH COURT | “Why no action taken against anti-social elements who vandalised Dr. Ambedkar’s Statue”; Explanation sought from Police Authorities

In a writ petition filed under Article 226 of the Constitution of India, seeking appropriate directions against the inaction of the authorities with regards to a serious incident involving the desecration of a statue of Dr. B.R. Ambedkar, a Division Bench of Suresh Kumar Kait, CJ., and Vivek Jain, J., sought a clear response from the authorities, either justifying the delay or confirming that action has been taken, through properly sworn affidavits. Read more HERE

PARLIAMENTARY PRIVILEGE

KARNATAKA HIGH COURT | Legislators can’t claim absolute bar of interference by Constitutional Courts; Criminal acts inside the House not immune from prosecution

While considering the instant petition by C.T. Ravi, Member of Karnataka Vidhana Parishad (Legislative Council), seeking to quash registration of crime under Sections 75 and 79 of the Bhartiya Nyaya Sanhita, 2023 (BNS); the Bench of M. Nagaprasanna, J.*, had to consider whether parliamentary/legislative privileges under Articles 194(2) and 194(3) of the Constitution generates absolute immunity of happenings inside the House. Read more HERE

QUASHMENT OF FIR/ PROCEEDINGS

DELHI HIGH COURT | Petition to quash FIR against man accused of repeated rape, unnatural sex, forcing abortion and threatening to circulate nude photographs and videos, dismissed

In a petition filed by the petitioners seeking to quash the FIR registered for offences under Sections 376/377/323/313/506/509/34 of Penal Code, 1860, Girish Kathpalia, J., stated that it was not satisfied that the impugned FIR and/or the consequent proceedings could presently be treated as abuse of process of the court in any manner or that quashing the same would secure the ends of justice. On the contrary, if the complaint lodged by the prosecutrix, led to the registration of FIR and the consequent proceedings was not truthful, quashing the same would be tantamount to encouraging the abuse of process of criminal justice machinery. Therefore, the Court stated that it was not the fit case to quash the registered FIR and accordingly, dismissed the present petition. Read more HERE

RAJASTHAN HIGH COURT | Plea to quash FIRs or consolidate investigation against Ex-MLA Pramod Jain Bhaya, dismissed

In a batch of petitions filed under Sections 482 of the Criminal Procedure Code, 1973 and Article 226 of the Constitution of India seeking quashment of multiple FIRs registered against former MLA Pramod Jain Bhaya, his family members, friends, and associates, and alternatively, directions for clubbing of all FIRs and transfer of investigation to an IPS officer posted outside Baran and Jhalawar districts, a single-judge bench of Sameer Jain, J., dismissed all the petitions and held that the FIRs are not liable to be quashed at the threshold, the prayer for clubbing of FIRs is legally unsustainable and the plea for transfer of investigation is vague and unsupported by specific averments. Read more HERE

RAILWAYS AND METROS

DELHI HIGH COURT | Rs 8 lakhs compensation granted to a man whose leg was amputated in a 10-year-old railways accident case

In an appeal filed by the appellant under Section 23 of the Railways Claim Tribunal Act, 1987, assailing judgment dated 27-3-2017 passed by the Presiding Officer, Railway Claims Tribunal (‘RCT’), Principal Bench, Delhi, whereby his claim for compensation for the injury sustained in the railway accident was dismissed, Dharmesh Sharma, J., stated that in light of the divergent theories propounded by the respondent, none of which was credible, it was the victim’s testimony that should get precedence. It was clearly a case of the appellant sustaining injuries in an ‘untoward incident’. Thus, the Court allowed the present appeal and stated that the appellant was entitled to a compensation of Rs. 8 lakhs with interest at the rate of 12% per annum from the date of accident i.e. 27-6-2015 till its realization, which be paid by the Railways. Read more HERE

REMAND

BOMBAY HIGH COURT | ‘Remand warranted only if original authority failed to consider material evidence’; SDO’s order quashed, fresh adjudication directed

In a writ petition filed against an order passed by the Sub-Divisional Officer, Koregaon, remanding the matter to the Mamlatdar without adjudication of the revision on merits, a Single Judge Bench of Amit Borkar, J., allowed the petition, holding that the Sub-Divisional Officer (‘SDO’) was under the legal duty to proceed with adjudication on available legal grounds instead of relegating the parties to a fresh round of proceedings without justification. Accordingly, the Court quashed the impugned order and restored the revision application for fresh adjudication by the SDO. Read more HERE

RESERVATION

MADHYA PRADESH HIGH COURT | Improper implementation of Reservation Rules in Selection Process, quashed; Reconsideration of OBC female candidate’s candidature, directed

In a writ petition seeking quashment of impugned selection list for the post of Rural Agricultural Extension Officer (Class-III) and reconsider petitioner’s candidature by preparing a fresh merit list for OBC Female category candidates, a single-judge bench of Subodh Abhyankar, J.*, directed respondents 2 and 3 to follow the proper procedure as prescribed under Rule 11.2 and 11.3 of the Madhya Pradesh Kanishtha Seva (Sanyukta Aharta) Pariksha Niyam, 2013 (2013 Rules); and if the petitioner is found entitled to be given appointment, the same shall be extended to her within a further period of two months after issuing the new selection list. Read more HERE

SCS, STS, OBCS AND MINORITIES

ANDHRA PRADESH HIGH COURT | SC/ST Act protection ceases to apply post conversion to Christianity; Complaint by a pastor, quashed

A criminal petition was filed challenging the registration of FIR and subsequent charge sheet pending before the IV Additional District and Sessions Judge-cum-SC/ST Court, Guntur, wherein the petitioners were arraigned as accused for offences under Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 2015 and Sections 341, 506, and 323 read with 34 of the Penal Code, 1860 (IPC). Harinath N., J., allowed the criminal petition and quashed the case pending before the IV Additional District and Sessions Judge-cum-SC & ST Court, Guntur. Read more HERE

VICTIM RIGHTS

CHHATTISGARH HIGH COURT | Victim’s right to privacy upheld; Accused denied permission to examine her social media in Court

In a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, against the Trial Court’s refusal to allow examination of the social media accounts of the prosecutrix and play audio concerning her during the trial, a Single Judge Bench of Arvind Kumar Verma, J., dismissed the petition holding that it might compromise the privacy of the prosecutrix. Additionally, the Court held that the contentions raised by the accused- Food Inspector could not be examined by the Court because the adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version did not fall within the arena of jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’). Read more HERE

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