This week the High Court roundup will travel across India to cover important legal developments such as Patanjali’s disparaging remarks against Dabur Chyawanprash, digital crimes, cartoonist denied bail for PM Modi caricature, Re-NEET UG 2025, phone tapping and right to privacy, counterfeit Birkenstock, and much more.
ACQUITTAL
GUJARAT HIGH COURT | ‘Victim’s silence till advance stage of pregnancy proves consent’; Acquittal of man in rape case, upheld
In an appeal against an order dated 15-4-2013 whereby the Sessions Court acquitted the accused charged under Sections 452, 376 and 506(2) of the Penal Code, 1860 (IPC), a Single Judge Bench of Cheekati Manavendranath Roy, J*, held that the victim’s silence regarding the alleged rape till the pregnancy reached an advanced stage proved that it was a clear case of consent and not rape. Thus, the Court stated that the impugned judgment warranted no interference and accordingly upheld the acquittal of accused. Read more HERE
PATNA HIGH COURT | ‘Prosecution failed to prove case beyond all reasonable doubts’; Rape conviction against Juvenile, set aside
In a criminal revision petition filed by the accused against the judgment and order passed by the Fast Track Court upholding the conviction and sentence passed by the Juvenile Justice Board (‘JJB’), in a case of alleged penetrative sexual assault, the Single Judge Bench of Jitendra Kumar, J., observing that the prosecution had failed to prove its case against the accused beyond reasonable doubt, and noting that the purpose of Juvenile Justice Act, 2000, (‘JJ Act’) was reformative and rehabilitative instead of punitive, set aside the order of conviction and sentence passed against the accused. Read more HERE
ADVERTISEMENT
DELHI HIGH COURT | Patanjali restrained from airing advertisements disparaging Dabur Chyawanprash
In a suit for permanent and mandatory injunction filed by Dabur against Patanjali, wherein Dabur alleged that Patanjali disparaged ‘Dabur Chyawanprash’ specifically and other chyawanprash generally by calling them ‘ordinary’, the Single Judge Bench of Mini Pushkarna, J, * held that Patanjali’s advertisement identified Dabur’s product and called it ordinary which amounted to disparagement. Thus, the Court allowed the petition. The Court restrained Patanjali from airing disparaging advertisements and directed it to remove the offending statements from its advertisements. Read more HERE
ADVOCATES
ALLAHABAD HIGH COURT | ‘Bar works like soldiers to secure justice for citizens’; Rs 25K cost imposed on Gram Pradhan who threatened advocate with false SC/ST case
In a land encroachment related public interest litigation, the Single Judge Bench of J.J. Munir, J., was apprised of the conduct of respondent 6, a Gram Pradhan, who hurled abuses at and threatened the petitioner’s advocate with a false case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ ST Act’). The Court sternly warned the Pradhan against such conduct and imposed a cost of Rs 25,000 on him to be paid within 15 days. Read more HERE
ARBITRATION
DELHI HIGH COURT | WhatsApp and email exchanges between parties constitutes valid arbitration agreement
In a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) wherein the petitioner sought an interim order for attachment of properties of respondents to the tune of Rs 23.34 Crores, the Single Judge Bench of Jasmeet Singh, J*, opined that since orders of attachment affect the financial health of the company, they are not passed as a routine and thus, dismissed the petition. While answering the issue raised by the respondents regarding the validity of the arbitration agreement, the Court noted that WhatsApp and email correspondences would constitute a binding and valid arbitration agreement. Read more HERE
DELHI HIGH COURT | Arbitrator’s discretion to fix venue/seat of arbitration cannot override parties’ exclusive jurisdiction clause in arbitration agreement
While determining the maintainability of a petition filed under Section 29-A(5) of the Arbitration and Conciliation Act, 1996, (Arbitration Act), seeking to extend the mandate of the Sole Arbitrator, a Single Judge Bench of Jasmeet Singh, J*, opined that the arbitrator’s discretion to fix venue/seat of arbitration must be construed strictly in the context of Section 20 of the Arbitration Act and it could not override parties’ exclusive jurisdiction clause in arbitration agreement. Thus, the Court dismissed the present petition on the grounds of lack of territorial jurisdiction. Read more HERE
AVIATION LAW
DELHI HIGH COURT | Turkish firm Celebi’s Security Clearance revoked: State action based on intelligence inputs under Aircraft Rules, 2023, upheld
In a writ petition filed by Celebi Airport Services India Pvt. Ltd. and Celebi Delhi Cargo Terminal Management India Pvt. Ltd. (petitioners) being aggrieved by the actions undertaken by the respondents, culminating in the revocation of the petitioners’ security clearance, and a directive to transfer their employees to third parties, Sachin Datta, J., dismissed petition and held that any action taken by the Director General of the Bureau of Civil Aviation for the purpose of revocation of any security clearance on the basis of inputs received from the law enforcement/intelligence agency cannot be considered to be an act inconsistent with the Aircrafts Rules 2023. Read more HERE
BAIL
ALLAHABAD HIGH COURT | Bail granted to POCSO accused to look after pregnant minor victim; Directed inter-faith couple to marry under SMA upon reaching marriageable age
In a bail application filed in an FIR registered under Sections 137(2), 87, 64(1) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’) and 5(2)(j)(ii) and 6 of Protection of Children against Sexual Offences Act, 2012 (‘POCSO’) the Single Judge Bench of Rajesh Singh Chauhan, J., allowed the application and directed the accused to take care of the minor pregnant victim while on bail. Read more HERE
ALLAHABAD HIGH COURT | ‘Digital Crimes Can Destroy Lives’: Bail denied to accused for circulating indecent photographs via WhatsApp
In a bail application filed by the accused in jail since 09-01-2025 for offences under Sections 74, 352, 351(2), 64(1) Nyaya Sanhita, 2023 (‘BNS’) and Section 67-A Information Technology Act, 2000 (‘IT Act’) a Single Judge Bench of Ajay Bhanot, J. refused to grant bail. The Court noted that the accused had allegedly circulated indecent photographs of the victim via WhatsApp. Some of the images had been recovered and sent to the Forensic Science Laboratory (‘FSL’) for examination, and the FSL report was awaited. Given the grave nature of the offence and the likelihood of the accused’s involvement, the Court held that no case for bail was made out at this stage. Read more HERE
MADHYA PRADESH HIGH COURT | “Sheer misuse of the freedom of speech and expression”: Anticipatory bail denied to cartoonist for PM Modi, RSS caricature
In an anticipatory bail application filed by cartoonist Hemant Malviya in an FIR filed against hm under Sections 196, 299, 302, 352, and 353(3) of Bhartiya Nyaya Sanhita, 2023 (‘BNS’) and Section 67-A of the I.T. Act, 2000 (‘IT Act’) for an offensive caricature depicting the Rashtriya Swayamsewak Sangh (‘RSS’) and Prime Minister Narendra Modi, the Single Judge Bench of Subodh Abhyankar, J., rejected the application, holding that the Sections 41(1)(b)(i) and (ii) of the Code of Criminal Procedure, 1973 (‘CrPC’) would be attracted against Malviya who overstepped the threshold of freedom of speech and expression. Accordingly, the Court held that his custodial interrogation was necessary. Read more HERE
ALLAHABAD HIGH COURT | Bail granted to former Indian Information Service Officer accused of murdering wife, evading arrest by hiding in storeroom
In a bail application filed by a former Indian Information Service officer, who had been accused of murdering his wife, a lawyer by profession, in 2023, the Single Judge Bench of Siddharth, J. after considering the nature of the offence and other relevant factors, allowed his bail application, subject to certain conditions. Read more HERE
RAJASTHAN HIGH COURT | Community Service condition imposed under Swachh Bharat Abhiyan while granting bail to NDPS accused
In the bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) filed by the accused in connection with a First Information Report (‘FIR’) registered under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), the Single Judge Bench of Sameer Jain, J., interpreted ‘community service’ under the Bhartiya Nyaya Sanhita, 2023 (‘BNS’) as a reformative measure and allowed the bail application, imposing an ancillary condition directing the accused to contribute to the Swachh Bharat Abhiyan initiative for two hours daily over two months. Read more HERE
ALLAHABAD HIGH COURT | ‘BNSS removed statutory bar imposed by UP Amendment on anticipatory bail under S. 438(6) CrPC’; Pre-arrest bail granted to 78-year-old man in 2011 murder
In an anticipatory bail application filed by a 78-year-old man in an FIR filed under Sections 302, 307, 323, and 504 the Penal Code, 1860 (‘IPC’), the Single Judge Bench of Chandra Dhari Singh, J., allowed the application, holding that the present bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) was manifestly maintainable and the accused made out a prima facie case for grant of anticipatory bail. Read more HERE
RAJASTHAN HIGH COURT | Asaram Bapu’s temporary bail extended
In a criminal application filed by Asaram Bapu for extension of temporary bail granted on 14-01-2025 on humanitarian grounds for medical treatment subject to conditions as set by the Supreme Court, a Division Bench of Dinesh Mehta and Vinit Kumar Mathur, JJ., noting a similar extension granted by Gujarat High Court on 03-07-2025, granted the extension of temporary bail till 12-08-2025. The Court clarified that no further extension will be granted. Read more HERE
CHILD RIGHTS
BOMBAY HIGH COURT | “Courts must act as custodian of child’s rights”; DNA Profiling Test to establish paternity, refused
The present writ petition was filed by the petitioner-wife, challenging the order of the Family Court which accepted the respondent-husband’s request for conducting DNA Profiling Test to decide the legitimacy of the child born to them. A Single Judge Bench of R.M. Joshi, J., set aside the Family Court order and held that it was the duty of the Court to consider pros and cons before calling upon the minor to undergo a blood or DNA test. Read more HERE
MADRAS HIGH COURT | Right to family pension for mentally disabled children of Government servants affirmed, no income certificate required
In a writ appeal filed seeking to expunge strong remarks made by a Single Judge Bench against the Principal Accountant General, while allowing a writ petition directing the disbursal of family pension to the mentally disabled child (respondent) of a Government servant, the Division Bench of G.R. Swaminathan* and K. Rajasekar, JJ. ordered that the remarks made against the appellant be expunged from the record. The Court further stated that child of a pensioner who is mentally disabled and falls within the scope of the pension rules is entitled to receive family pension, provided it is established that they are incapable of earning a livelihood. The Court made it clear that no insistence can be made for a certificate showing income from all sources, as it is not required by law. Read more HERE
BOMBAY HIGH COURT | Suo motu cognizance taken of girls’ harassment in a Children’s Home
The Court took suo motu cognizance based on various newspaper reports about the incident where nine minor girls escaped from a Vidyadeep Children’s home, in Chhatrapati Sambhajinagar (‘Home’). The Division Bench of Vibha Kankanwadi* and Sanjay A. Deshmukh, JJ., took note of the ill-treatment and harassment of the minor girls and after reviewing their statements recorded by the police, observed that despite repeated complaints by the children, the authorities failed to act. Read more HERE
COMPENSATION
BOMBAY HIGH COURT | Rs 8 lakh compensation granted to deceased’s legal representative after accidental fall from local train
An appeal was filed by the appellant under Section 23 of the Railway Claims Tribunal Act, 1987 (the ‘1987 Act’), challenging the order of the Railway Claims Tribunal (‘Tribunal’), which had rejected her and her father’s application for compensation under Section 124-A the Railways Act, 1989 (the ‘Railways Act’). A Single Judge Bench of N.J. Jamadar, J., reversed the Tribunal’s decision and held that if the claimant belonged to a class presumed dependent due to the relationship and was not required to prove actual dependency, and the railway’s strict liability was established, then the right to compensation crystallised on the date of the passenger’s death under Section 124-A of the Railways Act. The Court further held that the appellant in her capacity as the legal representative of the deceased who died after accidental fall from a local train was entitled to receive Rs 8 lakh compensation. Read more HERE
RAJASTHAN HIGH COURT | 1.9 Crore compensation awarded to a paralysed NIT student
In Civil Appeal filed by a permanently paralysed road accident victim, seeking enhancement of compensation, and another connected application filed by the insurance company challenging the quantum of compensation awarded by the Motor Accident Claims Tribunal (‘Tribunal’), Dausa (Rajasthan), the Single Judge Bench of Ganesh Ram Meena, J., held that the compensation awarded by the Tribunal was inadequate and that “just compensation” as per the Motor Vehicles Act, 1988, is not a matter of charity but a moral necessity. The Court, hence, enhanced the total compensation from Rs. 1,49,88,153 to Rs. 1,90,00,000. Read more HERE
DEBT, FINANCIAL AND MONETARY LAWS
MADRAS HIGH COURT | Can poor CIBIL score, and poor history of loan repayment be grounds for cancellation of bank’s appointment?
In a petition filed under Article 226 of the Constitution seeking to quash the order passed by the respondents (‘SBI’) and direct the petitioner’s appointment as Circle Based Officer (‘CBO’), N. Mala J., referring to the recruitment notification, stated that the bank took a prudent decision that the candidates with history of default in repayment of loans and adverse CIBIL and other external agencies report were ineligible. Therefore, considering the petitioner’s adverse CIBIL report and the recruitment notification, the Court upheld the impugned order cancelling the petitioner’s appointment as CBO. Read more HERE
DOMESTIC VIOLENCE
BOMBAY HIGH COURT | Under construction flat is not ‘shared household’ under Domestic Violence Act
The present writ petition was filed by the petitioner-wife under Section 2(s) of the Protection of Women from Domestic Violence Act, 2005 (‘DV Act’), seeking to direct the respondent-husband to pay the remaining two instalments for the “shared household” while the divorce proceeding was undergoing. A Single Judge Bench of Manjusha Deshpande, J., while dismissing the petition of the wife, held that since the property/flat, was still under construction and not in possession of either of the parties, therefore, it would not fall within the purview of “shared household”, as defined under Section 2(s) of the DV Act and, further the kind of relief claimed by the wife, unfortunately did not fit under any of the reliefs provided under Section 19 of the DV Act. Read more HERE
DELHI HIGH COURT | ‘Stale allegations to exert pressure’; Plea to issue summons to in-laws in domestic violence complaint, dismissed
The petitioner-wife filed the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) read with Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) for quashing the orders of the Trial Court and the Appellate Court, which upheld the Trial Court’s order, whereby the names of in-laws were deleted from the array of parties when omnibus allegations were mentioned against them. A Single Judge Bench of Manmeet Pritam Singh Arora*, J., opined that no interference was warranted when non-summoning and deletion of parties was done due to lack of specific allegations against them in the complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (‘DV Act’). Read more HERE
KERALA HIGH COURT | No Scope for inherent powers to interfere with interim orders passed under DV Act without manifest illegality
In a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) against interim order passed by the Grama Nyayalaya, Vellanadu, the Single Judge Bench of G. Girish, J. held that a petition seeking the exercise of inherent powers to set aside an interim order passed under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 (‘PWDV Act’), was not maintainable in the absence of any blatant irregularity or manifest illegality in the said order. Read more HERE
DOWRY
GUJARAT HIGH COURT | Petty family quarrels do not amount to dowry harassment
In a criminal appeal filed against the judgement dated 28-5-2014 passed by the Trial Court, whereby the accused persons were acquitted of the charges under Sections 498-A, 306, 304-B and 114 of the Penal Code, 1860 (IPC) read with Sections 3 and 7 of the Dowry Prohibition Act, 1961 (Dowry Act), the Division Bench of Cheekati Manavendranath Roy* and D. M. Vyas, JJ, upheld the Trial Court’s order of acquittal and stated that petty quarrels and bickering that are common in family life do not amount to ‘cruelty’ under Section 498-A of the IPC and cannot be called dowry harassment. Read more HERE
EDUCATION LAW
MADRAS HIGH COURT | No Re-NEET UG 2025: Appeal for re-exam over power outage at Chennai centres, dismissed
In an intra-court appeal filed by medical aspirants against the order dated 06-06-2025, wherein their plea for a re-examination of NEET UG 2025 due to power outage was dismissed, the Division Bench of Nisha Banu and M. Jothiraman*, JJ. held that the Court could not exercise appellate jurisdiction over the National Testing Agency’s (‘NTA’) considered decision, which was based on field-level verification and expert statistical analysis, unless it was shown to be manifestly arbitrary, mala fide, or illegal. As no such grounds were established, the Court found no reason to interfere with the impugned order, and accordingly, the writ appeal was dismissed for lack of merit. Read more HERE
DELHI HIGH COURT | GD Goenka school directed to re-admit child with mild autism; highlighted inclusivity in educational institutions
In a writ petition filed against GD Goenka school for re-admission of a child with mild autism, a Single Judge bench of Vikas Mahajan, J*, opined that the statutory obligations under the Rights of Persons with Disabilities Act, 2016 (‘RPwD Act’) are enforceable duties which are meant to ensure full and effective participation of children with disabilities in all walks of life, particularly in education. The Court also directed GD Goenka to re-admit the petitioner, who was suffering from mild autism, in Class I or any age-appropriate class. Read more HERE
FUNDAMENTAL RIGHTS
MADRAS HIGH COURT | In-depth analysis of verdict on phone tapping and the right to privacy
In a writ petition filed under Article 226 of the Constitution of India on phone tapping and right to privacy, challenging an order passed by the Secretary to Government of India, Ministry of Home Affairs under Section 5(2) of the Telegraph Act, 1885 ( ‘Act’) and Rule 419-A of the Telegraph Rules, 1951 (‘Rules’) authorizing tapping of the mobile phone of the petitioner by Central Bureau of Investigation (‘CBI’), a Single Judge bench of A. Anand Venkatesh, J. held, inter alia, that the right to privacy is now an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India. Read more HERE
INTELLECTUAL PROPERTY
BOMBAY HIGH COURT | Interim relief granted to Empire Spices and Foods Ltd. for mark “RAM BANDHU” against mark “SHREE RAM BANDHU”
An interim application was filed by Empire Spices and Foods Ltd. (applicant), wherein an interim injunction was sought against the respondent for alleged infringement of the registered trade mark “RAM BANDHU”, associated artistic copyright, and passing off. A Single Judge Bench of Sharmila U. Deshmukh, J., granted interim relief to the applicant, noting the deceptive similarity between the applicant’s registered trade mark “RAM BANDHU ” and the respondent’s mark “SHREE RAM BANDHU ”. The Court held that the applicant had established a prima facie case of infringement under the Trade Marks Act, 1999 (the ‘Act’) and reiterated the principle that copying the essential features of a registered mark amounted to infringement, even when an additional element, such as the prefix “SHREE”, was present. Read more HERE
DELHI HIGH COURT | Swagath vs Hotel Swagath: Notice issued in Trademark Suit; Next hearing on August 27
Two parallel suit was filed by popular New Delhi-based restaurant chain, Swagath (plaintiff) against a Telangana-based hospitality enterprise operating under the identical name ‘Swagath’ alleging infringement of its mark and sought cancellation of the rival’s registered trademark. Amit Bansal, J., issued notice in both proceedings and directed that the matter be listed on 27-08-2025 for consideration of interim relief. Read more HERE
BOMBAY HIGH COURT | John Doe injunction granted to Galderma against counterfeit CETAPHIL products
In an application filed for ad-interim relief, it was alleged by Galderma India Pvt. Ltd. (‘plaintiff’) that the defendants sold goods bearing the plaintiff’s trade mark and artistic work and therefore it sought an injunction to restrain the defendants from doing so. A Single Judge Bench of Sharmila U. Deshmukh, J., opined that upon comparison of the products of the plaintiff and the defendants, it was prima facie evident that the defendants’ products were counterfeit products as it did not contain the barcode, maximum retail price (MRP) etc., which indicated that the same did not originate from the plaintiff and was a slavish copy of the plaintiff’s trade mark and artistic work. Therefore, the Court granted an injunction prohibiting the defendants from infringing on the plaintiff’s products. Read more HERE
DELHI HIGH COURT | Ex parte injunction granted in favour of Birkenstock against counterfeit footwear sales
A suit was filed by Birkenstock IP GmbH (plaintiff), a German limited liability company operating in India through its wholly owned subsidiary Birkenstock India Pvt. Ltd., seeking permanent injunction against the defendants to restrain them from infringing its intellectual property specifically its trademarks, copyrights, and registered designs related to its well-known BIRKENSTOCK brand of footwear. Saurabh Banerjee, J., granted an ex parte ad interim injunction in favour of the plaintiff, restraining the defendants from manufacturing, selling, storing, importing, exporting, or dealing in any products bearing the plaintiff’s registered marks or deceptively similar marks, including trade dress, shape marks, logos, packaging, or any other infringing material. Read more HERE
NEGOTIABLE INSTRUMENTS ACT
DELHI HIGH COURT | ‘Corporate Veil may be pierced when corporate structure is being used to perpetrate fraud’; Directors held liable for cheque dishonour
In a revision petition filed against the order passed by the District Commercial Court, Saket, wherein the District Court had pierced the corporate veil to hold the petitioners personally liable for dishonour of cheque, the Single Judge Bench of Amit Mahajan, J*, opined that where the corporate structure is being used for illegal activities, the Court is empowered to disregard the separate legal entity accorded to the company to hold the directors personally liable. Read more HERE
PIL
CHHATTISGARH HIGH COURT | “Can’t encourage activity or give such direction that may turn into disaster in future”: PIL seeking cultivation of industrial hemp, rejected
In a public interest litigation (‘PIL’) seeking direction to the State for permission to grow, possess, and cultivate industrial hemp, the Division Bench of Ramesh Sinha*, CJ., and Bibhu Datta Guru, J., rejected the PIL, holding that not only were the reasons assigned by the petitioner to permit cultivation of cannabis frivolous and baseless, but the petitioner also had no locus standi and it was not a genuine PIL. Read more HERE
POCSO
BOMBAY HIGH COURT | ‘Will defeat purpose of POCSO Act’; Bail denied to man for allegedly committing aggravated penetrative sexual assault on minor boy
In an application for regular bail under Section 439 of the Criminal Procedure Code, 1973 (‘CrPC’) in connection with offences alleged under Sections 137(2) and 126(2) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’) as well as under Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’), a Single Judge Bench of Amit Borkar, J., rejected the bail application on the ground that it lacked merit as the applicant-accused failed to demonstrate that the allegations against him were prima facie baseless which was essential for securing bail in such cases. Read more HERE
MADRAS HIGH COURT | Fresh investigation ordered in POCSO case despite negative DNA report of the accused
The present criminal revision petition was filed by the petitioner/accused under Section 397 read with 401 of the Criminal Procedure Code, 1973 (‘CrPC’) to call for records and set aside the order passed by the Sessions Judge, Mahila Court, Pudukkottai for offences under Sections 5(l), 5(j)(ii), 5(n) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) and under Section 506 of the Penal Code, 1860 (‘IPC’). A Single Judge Bench of K. Murali Shankar*, J., whileexercising its powers under Section 482 CrPC, held that in light of the way the investigation was carried and the negative DNA report excluding the accused from being the father of the victim’s child, quashed the charge sheet filed against him and ordered a fresh investigation. Read more HERE
PRACTICE AND PROCEDURE
ALLAHABAD HIGH COURT | Litigants cannot be forced to pay beyond ₹125 for photo ID; Charges for filing cases and affidavits, capped
In an appeal filed by the Allahabad High Court Bar Association challenging the order of the Single Judge, who directed the removal of the Rs. 500 charges imposed on litigants for photo identification at both Allahabad and Lucknow Benches and held that the Registry’s use of a list of defects in affidavits lacked support under the High Court Rules, a Division Bench comprising Attau Rahman Masoodi and Shree Prakash Singh, JJ., partially upheld the Single Judge’s ruling. The Division Bench affirmed the direction for removal of excessive fees charged for photo identification, holding that litigants cannot be compelled to pay any amount exceeding what is prescribed under the Office Memorandum dated 22-11-2024, which fixes the charge at Rs.125/- for the issuance of a passport-size photograph along with the identification number. The Court clarified that any demand for amounts over and above the prescribed rate by Photograph Affidavit Centres is impermissible in law and reiterated that only the statutorily fixed fee is permissible for affidavit-related formalities required at the High Court. Moreover, Court held that the direction issued by the Single judge, restraining the Registry from marking defects in affidavits sworn before a notary public was not in consonance with the relevant provisions of the High Court Rules, particularly Chapter II, Rule 1(ii). Read more HERE
PROPERTY LAW
MADHYA PRADESH HIGH COURT | 25-year-old Trial Court order concerning Saif Ali Khan’s ancestral property set aside; Matters remanded for fresh trial
In a set of two appeals filed by actor Saif Ali Khan’s family against a Trial Court judgment which dismissed the partition suits preferred by the appellants, the Single Judge Bench of Sanjay Dwivedi, J., allowed the appeals, holding that the Trial Court had dismissed the suits while placing reliance on an overruled decision of the Allahabad High court without considering other aspects. The Court accordingly remanded the cases to the Trial Court to be decided afresh. Read more HERE
PUBLIC ACCOUNTABILITY, VIGILANCE AND PREVENTION OF CORRUPTION
DELHI HIGH COURT | ‘Against speedy trial’s mandate’; Relief granted to a 90-year-old man convicted for demanding Rs. 15k bribe in 1984
In an appeal filed by the 90-year-old appellant, challenging his conviction under Sections 5(1) read with 5(2) of the Prevention of Corruption Act, 1947 (‘PC Act’) and Section 161 of the Penal Code, 1860 (‘IPC’), whereby he was convicted for demanding Rs. 15k bribe in 1984, a Single Judge Bench of Jasmeet Singh, J., stated that such inordinate delay was plainly at odds with the constitutional mandate of a speedy trial envisaged under Article 21 of the Constitution. Thus, considering mitigating circumstances, the Court reduced the appellant’s quantum of sentence to the time already served. Read more HERE
QUASHMENT OF PROCEEDINGS/ FIR
SIKKIM HIGH COURT | Section 528 BNSS or Section 482 CrPC? Applicability explained
The present petition was filed by the petitioners, seeking quashment of the FIR and criminal proceedings arising from a land dispute, which had been registered under non-compoundable offences of the Penal Code, 1860 (‘IPC’). Following the resolution of the matter through a Settlement Agreement, the petitioners invoked the inherent powers of the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’). A Single Judge Bench of Meenakshi Madan Rai, J., allowed the petition and held that the matter between the disputing parties had arisen out of a civil dispute, which formed a fit case for the exercise of its jurisdiction under Section 528 BNSS, and accordingly quashed the FIR and the proceedings. Read more HERE
ROADS AND RAILWAYS
JHARKHAND HIGH COURT | PIL on Hata-Tiring NH-220 road reconstruction closed upon completion of work
In a Public Interest Litigation (‘PIL’) filed by the petitioner seeking directions for immediate reconstruction and repair of the Hata-Tiring National Highway 220 (‘NH-220’), particularly a 4-Km stretch from Rasunchopa to the Tiring border, which was in a severely dilapidated condition, the Division Bench of M.S. Ramachandra Rao, CJ., and Rajesh Shankar, J., closed the PIL after the respondents filed a completion certificate confirming the completion of road work. [Akash Sharma v. Union of India, 2025 SCC OnLine Jhar 2744] Read more HERE
SCS, STS, OBCS AND OTHER MINORITIES
KERALA HIGH COURT | No retrospective reservation benefit if community added to backward list after application deadline
In a matter concerning the issue of whether a candidate who had applied under the General Category could later claim the benefit of reservation, if their community was included in the backward community list after the last date for submitting the application, the Division Bench of A. Muhamed Mustaque* and Johnson John, JJ., held that a candidate who had applied for a government post under the General Category could not later claim the benefit of reservation if their community was included in the reserved category after the last date of application, as eligibility must be determined based on the status at the time of notification. Read more HERE
BOMBAY HIGH COURT | FIR ordered in Dalit law student’s custodial death after arrest in 2024 protest over atrocities on Hindus in Bangladesh
A writ petition was filed by the mother of the deceased (‘petitioner’) seeking registration of a first information report(‘FIR’) under the relevant provisions of the Nyaya Sanhita, 2023 (‘BNS’) and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘Atrocities Act’), against the police officers allegedly responsible for the custodial death of her son (‘deceased’), who was arrested for protesting against the alleged atrocities committed against Hindus in Bangladesh in 2024. The Division Bench of Vibha Kankanwadi* and Sanjay A. Deshmukh, JJ., held that the police failed in their duty by not filing an FIR even after a complaint was submitted by the petitioner. Accordingly, the Court directed the registration of the FIR. Read more HERE
SERVICE LAW
CHHATTISGARH HIGH COURT | ‘Imposition of punishment is managerial function’: Termination of Bhilai Steel Plant technician for habitual absenteeism, upheld
In a writ petition filed by a former technician assailing the Appellate Authority’s order affirming his termination from service, the Single Judge Bench of Narendra Kumar Vyas, J., rejected the petition, holding that the petitioner was rightly punished with termination for being a habitual absentee. [M. Mohan Rao v. Bhilai Steel Plant, 2025 SCC OnLine Chh 6159] Read more HERE
ORISSA HIGH COURT | Compensation awarded to workman unjustly dismissed from service by SBI for withdrawing money from deceased’s account
The petitioner, State Bank of India (‘Bank’), filed the present writ petition challenging the award given by Central Government Industrial Tribunal-cum-Labour Court, Bhubaneswar (‘Tribunal’), wherein it directed reinstatement of a Messenger (‘Workman’) with 50% back wages after his dismissal for allegedly facilitating withdrawal from a deceased person’s account. The Division Bench of Harish Tandon, CJ., and K.R. Mohapatra*, J., held that the materials on record were not sufficient to hold the Workman guilty of any misconduct alleged against him and the departmental inquiry was not conducted with all fairness and in conformity with the principles of natural justice. The Court directed the Bank to pay Rs 5 lakh towards lump sum compensation in lieu of his reinstatement and 50% of the back wages, as directed by the Tribunal. Read more HERE
GAUHATI HIGH COURT | Inside order quashing In-Charge Headmaster’s appointment; highlighting appointments to be based on seniority-cum-efficiency principle
In a petition filed by the petitioner under Article 226 of the Constitution, challenging the order issued by the District Elementary Education Officer (‘DEEO’), whereby Respondent 5 was allowed to act as In-Charge Head Master cum Member Secretary, Robin Phukan J., stated that appointment of In-Charge Headmaster had to be made on the principle of seniority-cum-efficiency. Thus, the Court quashed the impugned order and directed the respondent authorities to allow the petitioner to hold the post of In-Charge Headmaster cum Member Secretary with all financial powers of the school, in addition to his normal duties, until a regular Headmaster was posted in the said school. Read more HERE
STREET VENDORS
MEGHALAYA HIGH COURT | Directions issued for eviction of hawkers from police bazar area of Shillong; Senior Advocate to oversee implementation
The Division bench of IP Mukherji, CJ and W Diengdoh, J, issued directions for providing alternative vending spaces for vendors and hawkers evicted from the Police Bazar area of Shillong. Read more HERE
