This week’s roundup travels all over India to bring to you various cases cancellation of re-NEET UG 2025 in Madhya Pradesh, Sonu Nigam’s impersonation on X, validity of levirate marriages, redevelopment in Hukumchand Mill Area, unhappy marriages leading to suicide, and much more.
ABETMENT TO SUICIDE
DELHI HIGH COURT | ‘Maybe a case of unhappy/dejected marriage; but not abetment’: Acquittal of wife, and her brothers accused of abetting husband’s suicide, upheld
In an appeal filed by the appellant, father of deceased husband, challenging the Trial Court’s judgment acquitting Respondents 2 to 6 (‘wife and her brothers’) accused of abetting the husband’s suicide, punishable under Sections 306/34 of the Penal Code, 1860 (IPC), Neena Bansal Krishna J., found no act of incitement by the wife and her brothers, proximate to the day on which the deceased committed suicide. The Court stated that it might be a case where the deceased was unhappy and dejected with his marriage, but no act of abetment can be made out either from the suicide note or from the testimony of the parents. Thus, the Court dismissed the appeal, holding that the Trial Court rightly concluded that there was no positive action by the wife that created a situation for the deceased to put an end to his life. Read more HERE
ADVOCATES
ALLAHABAD HIGH COURT | Repeated non-appearance of advocates amounts to professional misconduct, abuse of Court process
The Single Judge Bench of Krishan Pahal, J., rejected a bail application filed in 2023, holding that the repeated non-appearance of counsel for the accused amounted to professional misconduct and abuse of the process of law. Read more HERE
BOMBAY HIGH COURT | Advocates are not Bar Council employees, hence outside the ambit of POSH Act
The UNS Women Legal Association filed the instant Public Interest Litigation (PIL) seeking formation of permanent internal grievance committee of women advocates in all State Bar Council offices and all Bar Associations of Maharashtra. The Division Bench of Alok Aradhe, C.J. and Sandeep V. Marne, J., while disposing of the PIL, observed that the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (‘POSH Act’) does not apply to advocates as the POSH Act requires an employer-employee relationship, which does not exist between advocates and the Bar Council of Maharashtra & Goa (‘BCMG’). Read more HERE
ALCOHOL
DELHI HIGH COURT | ‘Specific Geographical Identifiers would ensure no confusion’; Chile-Peru dispute over naming alcoholic beverage ‘PISCO’, decided
In a petition challenging the order dated 29-11-2018 passed by the Intellectual Property Appellate Board (IPAB), wherein the Board granted the Geographical Indication (‘GI’) tag, PISCO exclusively to the Embassy of Peru, the Single Judge Bench of Mini Pushkarna, J*, held that the since the alcoholic beverage PISCO is extensively produced by both Chile and Peru, the use of GI PISCO without geographical identifiers such as ‘Chilean’ and ‘Peruvian’ would be deceptive, misleading and cause confusion in the minds of the consumers. Thus, the Court stated that recognizing rights of both Chile and Peru for GI PISCO, with specific geographical identifier, would ensure that there is no confusion between Chilean PISCO and Peruvian PISCO, at the same time providing both Chile and Peru the right to prevent third parties from using the GI PISCO. Read more HERE
ANIMALS, BIRDS AND FISH
PUNJAB AND HARYANA HIGH COURT | ‘Captured stray dogs must be returned to same spot after sterilisation’: Relief denied to RWA seeking confinement of illegally captured stray dogs
In a writ petition filed by a Resident Welfare Association (‘RWA’) against directions ordering the release of the stray dogs captured from Taksila Heights (‘the Society’) back into the Society after vaccination/sterilisation, the Single Judge Bench of Kuldeep Tiwari, J., rejected the petition, holding that the directions aligned with the Animal Birth Control Rules, 2023, (‘the Rules’). Read more HERE
ARBITRATION
DELHI HIGH COURT | Vedanta’s cost recovery deductions in Rajasthan oil block arbitration dispute
In an appealfiled by Union of India (‘appellant’) under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 (‘the Act’), challenging the order dated 29-4-2024, wherein the Arbitral Tribunal rejected the government of India’s plea for stay on implementation of the Final Partial Award (‘FPA’) passed in an arbitration concerning the Rajasthan oil block, the Single Judge Bench of Jasmeet Singh, J., held that Vedanta’s cost recovery deductions were not unilateral but rather contractually obligated conduct. Therefore, the Court dismissed the appeal. Read more HERE
MADHYA PRADESH HIGH COURT | A party alone cannot decide to appoint an Arbitrator of their choice when 2nd party has not given consent
In an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘the Act’) for the appointment of an Arbitrator to resolve the dispute between the parties arising out of work order/agreement between the parties, the Single Judge Bench of Deepak Khot, J., allowed the application noting that the applicant had disagreed with the arbitration clause whereby the obligation to appoint an arbitrator had been bestowed on the respondent. “A party to an agreement alone cannot decide to have an Arbitrator of their choice when the second party is not consenting to the said proposal”. Read more HERE
BOMBAY HIGH COURT | Amazon directed to delist Victorinox products sold by former dealer Gute Reise
The petitioner-Victorinox India (P) Ltd., filed a commercial arbitration petition seeking urgent relief against its former dealer Respondent 1-Gute Reise India (P) Ltd. for continuing to display and sell Victorinox branded products as being sold by Gute Reise, through Respondent 2-Amazon Seller Services (P) Ltd., despite an interim arbitral order dated 9-7-2025 restraining such sales. A Single Judge Bench of Somasekhar Sundaresan, J., directed Amazon to immediately take down and delist all listings of Victorinox branded products being offered for sale by Gute Reise India (P) Ltd. Read more HERE
MADHYA PRADESH HIGH COURT | Retd. Justice Alok Verma appointed as arbitrator for dispute concerning development of Hukumchand Mill Area
In an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘the Act’) for the appointment of an Arbitrator to resolve the dispute between the parties concerning development of the Hukumchand Mill Area, the Single Judge Bench of Deepak Khot, J., allowed the application, holding that the dispute was arbitrable as per the agreement and appointed retired Justice Alok Verma as the arbitrator. Read more HERE
BAIL
JAMMU & KASHMIR AND LADAKH HIGH COURT | Bail granted to Sarpanch in wife’s murder case citing lack of credible evidence
A bail application was filed by the accused challenging the order of the Principal Sessions Judge (‘Trial Court’), wherein his application for regular bail was declined. He was under trial for the murder of his wife and contended that there was no material evidence in support of the charge. A Single Judge Bench of Rajesh Sekhri, J., held that in cases of ‘no evidence’ the Courts were obliged to take a holistic view of the matter and exercise the discretion of bail and accordingly, granted bail to the accused. Read more HERE
PUNJAB AND HARYANA HIGH COURT | ‘Serious, structured, and systemic fraud’; Anticipatory bail to accused in 8-acre land grab case involving DSP, Tehsildar
In a batch of anticipatory bail applications filed in connection with an FIR registered by the Central Bureau of Investigation(‘CBI’) against the accused persons under Sections 120-B, 452, 323, 506, 427, 148, 149, 193, 408, 420, 467, 468, 471 of the Penal Code, 1860 (‘IPC’) for allegedly attempting to grab land belonging to a public trust, the Single Judge Bench of Manjari Nehru Kaul, J., rejected the applications holding that the there was no ground to extend the extraordinary concession of anticipatory bail to the accused persons given the seriousness of allegations, possibility of further interference with the trial, and imperative need for custodial interrogation. Read more HERE
BOMBAY HIGH COURT | ‘Arrest illegal’; Bail granted to a woman arrested after sunset in a bank fraud case
The present bail application was filed by the applicant-accused who was accused of facilitating a bank fraud by sanctioning loans and was charged under Sections 109, 120-B, 406, 409, 417, 420, 421, 424, 467, 468, 471 and 477-A of the Penal Code, 1860 (‘IPC’) and under Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999. A Single Judge Bench of Urmila Joshi Phalke, J. noted that there were inconsistencies in the time of arrest and the grounds of arrest were also not communicated to the friends or relatives of the accused and therefore granted her bail. The Court stated that the accused was arrested after sunset without prior permission and grounds of arrest were also not communicated to the friends/relatives of the accused, therefore her arrest was illegal. Read more HERE
KERALA HIGH COURT | ‘Circumstances indicate attempt to convert consensual relationship into rape’; Anticipatory bail granted to man accused of raping wife before their marriage
In a bail application filed by three accused persons under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), charged with offences under Section 376 of the Penal Code, 1860 (‘IPC’) and Sections 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’), a Single Judge Bench of Bechu Kurian Thomas, J. granted anticipatory bail to a man accused in a rape and harassment case. The man’s separated wife had accused him of raping her four months before their marriage and subjecting her to torture over the return of some property thereafter. The Court also granted anticipatory bail to the man’s parents, who had been booked based on allegations that they harassed their daughter-in-law after her marriage to their son. Read more HERE
ALLAHABAD HIGH COURT | Interim protection from arrest granted to RCB Cricketer Yash Dayal in Sexual exploitation case
In a writ petition filed by Royal Challengers Bengaluru (‘RCB’) cricketer Yash Dayal to quash the first information report (‘FIR’) giving rise to case under Section 69 of the Bhartiya Nyaya Sanhita, 2023 (‘BNS’), the division bench of Siddhartha Varma and Anil Kumar, JJ. granted interim protection from arrest to Yash Dayal, till the next date of listing or until submission of the police report, whichever is earlier. Read more HERE
COMPENSATION
SIKKIM HIGH COURT | ‘Deceased a workman, not gratuitous passenger’; Rs 21.89 lakh compensation awarded to parents for son’s accidental death
The appeal was initiated under Section 166 of the Motor Vehicles Act, 1988 (the ‘MV Act’) by the claimants, parents of the deceased, challenging the rejection of their claim by the Motor Accident Claims Tribunal (the ‘Tribunal’), which held their deceased son to be a gratuitous passenger and not a workman covered by insurance policy. A single Judge Bench of Bhaskar Raj Pradhan, J., set aside the Tribunal’s finding, and stated that the deceased was a workman not a gratuitous passenger and since the accident occurred when the insurance policy was effective, the claimants would be entitled to “just compensation” of a total amount of Rs 21,89,100. Read more HERE
KERALA HIGH COURT | 15-day parole granted to life convict for wedding; Bride’s brave commitment acknowledged
In a writ petition filed by the mother of a life convict seeking emergency leave for the convict’s wedding, the Single Judge Bench of P.V. Kunhikrishnan, J., exercising its extraordinary jurisdiction, decided to grant the convict parole for 15 days. The Court, however, made it clear that the decision was not made in consideration of the convict himself but out of respect for the woman who had chosen to marry him despite knowing he was sentenced to life imprisonment. The Court acknowledged her unwavering love and commitment to the convict, highlighting her courage in standing by him even under such challenging circumstances. Read more HERE
MADHYA PRADESH HIGH COURT | ‘Inhumane and unsympathetic behavior by police’; Rs 41 Lakh compensation directed to be given to yoga instructor sexually harassed by LNIPE VC
In a writ petition filed by a yoga instructor who was sexually harassed by the Vice Chancellor (‘VC’) of Laxmi Bai National Institute of Physical Education (‘LNIPE’), Gwalior, seeking directions to provide a safe and fearless environment at her workplace, the Single Judge Bench of Milind Ramesh Phadke, J., allowed the petition, holding that the petitioner had been sexually harassed. The authorities failed to extend timely justice to the petitioner, which deprived her of valuable time, energy, and reputation. Accordingly, the Court directed the VC, LNIPE, and the police officials to compensate the petitioner. Read more HERE
CRIMES AGAINST WOMEN
KARNATAKA HIGH COURT | Mere sending or exchange of messages containing profanity would not amount to stalking
While deliberating over the instant petition filed by the accused seeking quashment of criminal proceedings in respect for offences under Sections 354-C, 354-D, 504, 506 and 509 of the IPC, Section 66-E of the Information Technology Act, 2000 and Section 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989; the Bench of M. Nagaprasanna, J., quashed the proceedings only with respect to Section 354-D of the IPC stating that the offence of stalking was loosely laid against the accused. The Court further opined that mere sending messages between the parties in the instant case or exchange of messages which contained profanity, would not amount to stalking. Read more HERE
MADRAS HIGH COURT | Female advocate’s non-consensual intimate photos, videos ordered to be removed from internet
In a petition filed by the petitioner, a practicing advocate before this Court and the District Judiciary, under Article 226 of the Constitution directing Respondent 1 to act upon the representation made by her dated 18-6-2025 by taking all appropriate measures to detect, remove, and block all content depicting her non-consensual intimate images and videos (‘NCII’) which were being shared over the Internet/digital platforms, to ensure the effective removal of such content and to prevent its further dissemination on digital platforms in present and future. N. Anand Venkatesh J. held that the right to privacy and dignity guaranteed under Article 21 of the Constitution were being violated every second in the present case and thus, directed for removal of advocate’s NCII within 48 hours. Read more HERE
MADRAS HIGH COURT | How ‘internalised misogyny’ led to reduction of sentence of women convicted for abetting minor girl’s suicide
In a criminal appeal filed under Section 374(2) of the Criminal Procedure Code, 1973 challenging the judgment of Trial Court dated 21-7-2016, wherein the appellants were convicted under Section 305 of the Penal Code, 1860 (‘IPC’) and sentenced to three years of rigorous imprisonment and a fine of Rs. 2,000 each, D. Bharatha Chakravarthy J., observed that the appellants, being ordinary domestic workers and daily wagers with no social influence, would not weaken the deterrent effect on society by serving a shorter prison term. Thus, highlighting internalised misogyny and considering the appellants’ remorse, socio-economic status, and prior imprisonment as mitigating factors, the Court reduced their sentence to the period already undergone. Read more HERE
TELANGANA HIGH COURT | ‘Conviction doesn’t extinguish right to defence’: Second DNA test allowed for 80-Year-old convict in POCSO case
In a petition filed by a convict under Section 528 read with 432 of the Nagarik Suraksha Sanhita, 2023 (‘BNSS’) , seeking permission to undergo a second DNA test by offering fresh blood samples, to be compared with those earlier drawn and preserved by the prosecution, the Division Bench of Moushumi Bhattacharya*, J., and B.R. Madhusudhan Rao, J. allowed the same taking into account the risk, the convict is willing to take at the age of 80. The Court held that an accused person has a continuing right to defend himself/herself and a conviction cannot extinguish this right. Read more HERE
DELHI HIGH COURT | ‘Domestic Violence Act does not distinguish between first and subsequent marriage for maintenance’; Rs 1 lakh per month maintenance upheld
In a criminal revision petition filed by the petitioner-husband for setting aside the judgment dated 6-4-2024 (impugned judgment), wherein the Additional Sessions Judge had directed payment of Rs. 1 lakh per month as maintenance, a Single Judge Bench of Dr. Swarana Kanta Sharma, J., while upholding the impugned judgment, had stated that the Protection of Women from Domestic Violence Act, 2005 (‘DV Act’) did not distinguish between first and subsequent marriage for purposes of entitlement to maintenance. Read more HERE
CRIMINAL LAW
MADHYA PRADESH HIGH COURT | Mandatory photography of injuries in all criminal cases by police and doctors, directed
In an anticipatory bail application, the Single Judge Bench of Subodh Abhyankar, J., noted the disturbing trend being adopted by police wherein cases of serious injuries were recorded under petty sections. Accordingly, the Court directed that in all the cases of injuries, the Police Officer concerned and the doctors treating the injured shall take photographs of the injured person(s), highlighting the injuries, so that the Court could decide as to the nature of injuries and foul play of the parties, if any. Read more HERE
EDUCATION LAW
RAJASTHAN HIGH COURT | ‘Exam Question on Ayodhya Judgment does not hurt religious sentiments’: Academic freedom upheld
In a civil writ petition filed by the petitioner, seeking directions to investigate and remove biased and inflammatory content from an examination question paper concerning the Ayodhya judgment, a Single-Judge Bench of Anoop Kumar Dhand, J., dismissed the writ petition holding that a challenge to a question paper solely on the ground of hurting religious sentiments under Section 295-A of the Penal Code, 1860 (‘IPC’) is not legally sustainable unless deliberate and malicious intent to outrage religious feelings is established. The Court further noted that academic freedom and the autonomy of educational institutions should not be curtailed merely based on subjective language, provided there is no clear breach of law or contemptuous, offensive, or defamatory language. Read more HERE
MADHYA PRADESH HIGH COURT | No Re-NEET UG 2025: Direction of re-exam due to power outage in some centres, set aside
In a batch of writ appeals filed by the National Testing Agency (‘NTA’) and medical students against the previous order passed by the Single Judge Bench concerning the power outage during the NEET Undergraduate (UG) Examination, 2025 (‘the exam’), the Division Bench of Vivek Rusia* and Binod Kumar Dwivedi, JJ., allowed the appeals filed by the NTS holding that the present case was not fit for re-examination. Read more HERE
ENCROACHMENT
ALLAHABAD HIGH COURT | Judicial notice taken of petitioners being harassed by encroachers & govt officials to withdraw PILs; Restraining order issued
In a public interest litigation (‘PIL’) filed highlighting encroachment by the respondents 7-12 (‘encroachers’), the Single Judge Bench of J.J. Munir, J., took judicial notice of the menace of petitioners being browbeaten by the encroachers and government officials into withdrawing their PILs concerning encroachment. The Court restrained the encroachers from harassing the petitioner and his family in any way. Read more HERE
CALCUTTA HIGH COURT | Illegal occupants of government land entitled to electricity connection despite not having occupancy papers
In an application for setting aside an order passed by the Assistant Engineer-II (HQ), Electricity Department, wherein the petitioner was denied electricity connection in government revenue land, a Single Judge Bench of Krishna Rao, J., held that an illegal occupant of a government revenue land would also be entitled to an electricity connection despite absence of occupancy papers. Read more HERE
FAMILY AND PERSONAL LAWS
KERALA HIGH COURT | No Strict proof needed for married woman claiming return of gold from In-Laws
In a matrimonial appeal filed by the husband’s family challenging the Family Court’s order directing the return of 53 sovereigns of gold ornaments to the respondent, the Division Bench of Devan Ramachandran and M.B. Snehalatha*, JJ., made significant observations regarding the evidentiary challenges faced by women in such domestic contexts. The Court held that, due to the inherently domestic and informal nature of such transactions, a newly married woman would not be in a position to produce documents or independent witnesses to prove the entrustment of her gold ornaments to her in-laws. Read more HERE
PATNA HIGH COURT | Section 9 Family Courts Act| Appointment of Counsellors in Family Courts mandatory
In a criminal revision, filed by the petitioner-husband, challenging a maintenance order passed by the Family Court directing him to pay maintenance to the wife, the Single-Judge Bench of Bibek Chaudhuri, J., observed that the Family Court did not send the case record for conciliation through counsellors, nor was there any averment regarding the appointment of counsellors as per the mandatory provisions of the Family Courts Act, 1984 (‘1984 Act’), and rules thereunder. The Court directed the Registrar General to investigate the appointment and functioning of counsellors in Family Courts in the State. Read more HERE
BOMBAY HIGH COURT | Mother is natural guardian after father’s death unless proven unfit or adversely interested
The present writ petition was filed by the biological mother (Petitioner) of a five and half year-old daughter, challenging the rejection of her interim custody application by the District Judge. A Single Judge Bench of S.G. Chapalgaonkar, J., allowed the petition and granted interim custody of the minor girl to the mother, holding that under Section 6(a) of the Hindu Minority and Guardianship Act, 1956 (the ‘Act of 1956’), the mother was the natural guardian after the father’s death, unless it was established that she had an adverse interest or was incapable of securing the welfare of the minor. Read more HERE
PATNA HIGH COURT | Section 125 CrPC | Levirate Marriages validated by custom, cohabitation, social acceptance, and the birth of children, must be treated as valid
In a criminal revision petition challenging the Family Court’s order that dismissed petitioner’s maintenance application under Section 125 of the Criminal Procedure Code, 1973 (‘CrPC’) on the ground that she was not the legally wedded wife of the respondent (being the widow of his brother), a Single-Judge Bench of Bibek Chaudhuri, J., set aside the Family Court’s order and observed that the glaring inconsistency in disowning the petitioner solely because the marriage was a levirate marriage, while simultaneously accepting her children as part of the family, reflected not just a legal contradiction but also a moral and social injustice. The Court remanded the matter to the Family Court, directing it to restore the maintenance petition and proceed in accordance with law, giving due opportunity to both parties to lead evidence, particularly on the question of custom and cohabitation. Read more HERE
JAMMU & KASHMIR AND LADAKH HIGH COURT | In absence of Waqf Tribunal, Civil Courts have jurisdiction to entertain waqf disputes
The J&K Board for Muslim Specified Wakfs & Specified Wakf Property (the ‘Board’) brought this revision petition challenging the order passed by the Trial Court wherein its application for the rejection of the plaint, was dismissed. The rejection was prayed on the ground that the Civil Court was expressly barred by the Waqf Act, 1995 (‘Waqf Act’), from entertaining a suit related to waqf property. A Single Judge Bench of Sanjay Dhar, J., agreed with the Trial Court, and held that since the Waqf Tribunal was not constituted for hearing the present matters related to waqf properties, the Civil Court had the jurisdiction to hear such suits. Read more HERE
FILMS AND CINEMAS
BOMBAY HIGH COURT | Inside the ruling on convenience fees on online Movie ticket bookings
In a writ petition filed by PVR Ltd. (‘petitioner’), wherein two Government Orders (‘GO’), issued by the Government of Maharashtra, prohibiting the collection of service charges or convenience fees on booking of computerized cinema tickets online, were challenged, the Division Bench of M. S. Sonak and Jitendra Jain, JJ., quashed the relevant clauses of the said GOs as they violated the right to practice any profession or to carry on any occupation, trade or business guaranteed under Article 19(1)(g) of the Constitution and held that the State had no authority under the Maharashtra Entertainment Duty Act, 1923 (‘MED Act’) to issue such prohibitions. Read more HERE
FOOD REGULATION, ADULTERATION AND SAFETY LAWS
KARNATAKA HIGH COURT | Proceedings against HUL MD & CEO Rohit Jiwa over contaminated Horlicks biscuits, quashed
While considering a petition filed by Rohit Jiwa (petitioner), Managing Director & CEO of Hindustan Unilever Ltd., seeking quashment of criminal proceedings initiated against him concerning discovery of pesticide in a sample of Horlicks biscuits; the Bench of J.M. Khazi, J., noted that in the instant case, Hindustan Unilever Ltd., was not arraigned as an accused and therefore, Rohit Jiwa, who was the sole accused, could not be proceeded against. Therefore, impugned initiation of proceedings against the petitioner must be set aside. Read more HERE
HEALTH AND MEDICAL LAW
MADRAS HIGH COURT | Necessary to modify existing rules; prepare standards and forms for import of ayurvedic drugs
The present writ petition was filed under Article 22 of the Constitution praying for issuance of a Writ of Mandamus directing Respondents 1 and 2 to permit the petitioner to clear all goods covered by bill of entry dated 19-2-2025. A Single Judge Bench of Senthilkumar Ramamoorthy, J., examined the classification of the imported products as ayurvedic drugs and noted that while the statute regulated ayurvedic drugs, the existing licensing forms and procedures were tailored for allopathic medicines and not suitable for ayurvedic products. Therefore, the Court opined that it was necessary for the rule-making authority to amend existing rules and develop proper standards and forms applicable to the import of Ayurvedic drugs. The Court held that the Ayurvedic products imported by the petitioner must conform to the standards applicable to similar products manufactured in India and to ensure this, the consignment must be tested by a laboratory accredited by Central Drugs Standard Control Organization (‘CDSCO’), under the supervision of Respondent 5-State Licensing Authority (IM). The Court directed the customs authorities to permit the release of goods upon satisfactory test report. Read more HERE
INTELLECTUAL PROPERTY RIGHTS
DELHI HIGH COURT | Dynamic Injunction granted against Amazon, Flipkart, Snapdeal, Meesho & Others in Reliance trademark suit
A suit was filed by Reliance Industries Limited (plaintiff) under Order 39 Rules 1 and 2 seeking an ad-interim injunction, restraining the defendant 1 to 21(and such other entities/ individual during the course of the proceeding to have been engaged in infringing the Plaintiff’s intellectual property rights) from using the mark ‘RELIANCE’, ‘JIO’ and any other mark identical/ deceptively similar marks, including their variants, as also restraining the said defendants from using any packaging incorporating plaintiff’s artistic work thereby amounting to infringement of the plaintiff’s copyright. Saurabh Banerjee, J., restrained defendant 1 to 21 (and such other entities/ individuals, their directors, partners, servants, agents, dealers, retailers, distributors and all other persons acting for and on their behalf from manufacturing, offering for sale, selling, marketing/ advertising, adopting, using and / or dealing in any manner with respect to any product and service under the mark ‘RELIANCE’ and ‘JIO’ Formative Trademarks or any other identical/ deceptively similar to mark ‘RELIANCE’ and ‘JIO’ including the plaintiff’s ‘RELIANCE’ and ‘JIO’ Formative Trademarks. Read more HERE
RAJASTHAN HIGH COURT | Trade Mark cannot be removed from official records without Notice under Section 25(3) of the Trade Marks Act
In a civil writ petition, filed by the petitioner against the removal of the Trade Mark by the respondent from their official record, a Single-Judge Bench of Anoop Kumar Dhand, J., held that the removal of a registered trade mark from official records without issuing a mandatory notice under Section 25(3) of the Trade Marks Act, 1999 (‘Act’), and Rule 58 of the Trade Mark Rules, 2017 (‘Rules’), was not sustainable in the eyes of law. The Court quashed the removal, directing the respondents to pass an appropriate fresh order after compliance with the afore-stated provisions. Read more HERE
BOMBAY HIGH COURT | ‘Entitled to safeguard his privacy’; Interim relief granted to Sonu Nigam against impersonation by Sonu Nigam Singh on ‘X’
The present application was filed by the celebrated Indian playback singer, Sonu Nigam (applicant), seeking protection of his personality rights including his name, image, photograph, likeness, and persona, against misrepresentation, misuse of all hues and unauthorised/unlicensed use on the internet by another individual, Sonu Nigam Singh (Defendant 1). A Single Judge Bench of R.I. Chagla, J., while granting an ad-interim injunction held that Sonu Nigam was entitled to the protection of his distinctive name/mark, especially when the manner of use by Defendant 1 led to complete misrepresentation. The Court clarified that Defendant 1 was free to use the whole name ‘Sonu Nigam Singh’ in respect of his social media account on ‘X’, provided it did not cause misrepresentation, confusion, or deception. Read more HERE
HIMACHAL PRADESH HIGH COURT | Sale of ‘Old Mist Coffee Rum’ restrained in trade mark dispute with ‘Old Monk’
In the present application, Mohan Meaking Ltd. (‘plaintiff’), a proprietor of ‘Old Monk Coffee’ alleged that the ‘Old Mist’ coffee-flavoured rum, being sold by Eston Roman Brewery & Distillery (P) Ltd. (‘defendant’) was akin to the one being sold by the petitioner, and prayed that the defendant to be restrained from selling the infringing product. A Single Judge Bench of Ajay Mohan Goel, J., observed that the plaintiff had a registered trade mark and its infringement could not be allowed and passed an ex parte interim order restraining the sale and distribution of the defendant’s product, i.e. Old Mist Coffee Rum. Read more HERE
INVESTIGATION
BOMBAY HIGH COURT | “Whether Law enacted by Parliament binding and mandatory on Maharashtra Police?”; DGP questioned after a lousy investigation
In the present writ petition, attention of the Court was drawn towards a lousy probe in an economic offence, wherein the Investigating Officer (‘IO’) did not complete even the basics of the investigation even though the first information report (‘FIR’) was lodged a long time before. The Division Bench of A.S. Gadkari and Rajesh S. Patil, JJ., ordered the Director General of Police (‘DGP’) to explain on oath whether the provisions of the law enacted by the Parliament were binding on the State police force and why the subordinate officers were not following the Circulars issued by the topmost authority of the police department. Read more HERE
JUDICIARY
PATNA HIGH COURT | ‘Unmerited and undeserved comment’: Adverse remarks against Judicial Officer, expunged
In a Letters Patent Appeal filed against the adverse remarks by a Single Judge in a Criminal Revision against a Judicial Officer, the Division Bench of Ashutosh Kumar, ACJ* and Partha Sarthy, J., expunged the adverse remarks and associated administrative directives. The Court held that the remarks were unmerited and the directions to strip him of Sessions’ powers and place him solely on the civil side were made without affording him an opportunity to be heard. The Court further clarified that administrative powers over judicial functions rest exclusively with the Chief Justice. Read more HERE
JUVENILES
PATNA HIGH COURT | Section 12 JJ Act | Serious nature of offence not a ground for denying bail to Juvenile
In a Criminal Appeal filed by the juvenile-appellant against the order passed by the Children Court, rejecting his bail application, a single-judge bench of Jitendra Kumar, J., while setting aside the Children Court’s order held that the serious nature of offence is not a valid ground for denying bail to Juvenile under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘JJ Act’). The Court emphasised that the JJ Act’s primary objective is the reformation and rehabilitation of children in conflict with law, not their punishment. Read more HERE
MOTOR VEHICLES
HIMACHAL PRADESH HIGH COURT | ‘Accused cannot be held guilty based on high speed alone’: Truck driver acquitted in motor accident case
In the present criminal revision petition, the accused challenged the order passed by the Sessions Judge (‘Appellate Court’), wherein the conviction and sentence passed by Chief Judicial Magistrate (‘Trial Court’) were upheld. The accused was a truck driver who was charged under Sections 279 and 337 of the Penal Code, 1860 (‘IPC’) and Sections 181 and 187 of the Motor Vehicles Act, 1988 (‘MV Act’) for an accident with a bus. A Single Judge Bench of Rakesh Kainthla, J., noted that there was insufficient evidence to prove that the accused was driving the truck and not even his negligence was established and therefore the conviction and sentence was set aside, and the accused was acquitted. Read more HERE
PCPNDT ACT
GUJARAT HIGH COURT | Use of doppler device to monitor foetal heartbeat not ‘pre-natal diagnostic procedure’ under PCPNDT Act
In a petition filed under Section 482 of the Criminal Procedure Code, 1973, for quashing of a criminal case instituted under Section 23 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act), the Single Judge Bench of J.C. Joshi, J*, held that the use of a doppler device to monitor heartbeat of the foetus does not amount to ‘pre-natal diagnostic procedure’ as defined in the PCPNDT Act. Accordingly, the Court quashed and set aside the criminal proceedings against the petitioner. Read more HERE
PMLA
BOMBAY HIGH COURT | IPC offences in the PMLA Schedule must be interpreted as dynamically updated to their corresponding provisions under BNS
In the instant bail application, the Court had to consider whether the references made in the Prevention of Money Laundering Act, 2002 (‘PMLA’) to the provisions of the Penal Code, 1860 (IPC) and the Code of Criminal Procedure, 1973 (CrPC), had been rendered ineffective by virtue of their repeal through the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). A Single Judge Bench of Amit Borkar, J., held that references to the IPC offences in the PMLA Schedule must be interpreted as dynamically updated to their corresponding provisions under the BNS, considering Section 8(1) of the General Clauses Act, 1897 (the ‘1897 Act’). The Court further affirmed that the repeal and re-enactment of the Penal Code, 1860 (‘IPC’) does not render the PMLA inoperative, and its enforcement remains fully valid and continuous. Read more HERE
PRACTICE AND PROCEDURE
BOMBAY HIGH COURT | ‘A bonafide delay beyond party’s control can be excluded while calculating limitation for registration of documents’
The present writ petition was filed by the petitioner under Article 226 of the Constitution challenging the refusal of the Respondent-Sub-Registrar to register two Agreements for Sale, on the ground that they were presented beyond the four-month limitation under Section 23 of the Registration Act, 1908 (‘Registration Act’). The Division Bench of Revati Mohite Dere and Dr. Neela Gokhale*, JJ., considering the facts of the case, allowed the petition and held that a bona-fide delay beyond control caused by a Court imposed restraint must be excluded for the purpose of calculation of the period of limitation under the provisions of the Registration Act. Read more HERE
KERALA HIGH COURT | Litigants have no right to dictate which Judge should or should not hear their case
In a writ petition praying to set aside the complaint lodged by respondent 1 under Section 138 of the Negotiable Instruments Act, 1881, pending before the First-Class Magistrate Court-I, Kottarakkara, Kollam, the Single Judge Bench of P.V. Kunhikrishnan, J. observed that a litigant could not dictate to the Court which Judge should or should not hear a case. The roster of cases was prepared by the Chief Justice, and the Judge to whom a case was allotted had the authority to decide whether or not to recuse from the matter, if necessary. Read more HERE
RAJASTHAN HIGH COURT | Justice should not be compromised by procedural lapses and negligence attributable to counsel
In a Criminal Revision Petition, filed by the petitioner challenging the Appellate Court’s order dated 23-08-2022 dismissing the petitioner’s appeal for non-prosecution without giving him the opportunity to be heard, a Single-Judge Bench of Manoj Kumar Garg, J., set aside the order holding it to be mechanical in nature and against the principles of natural justice. The Court held that the party should not suffer due to counsel’s negligence and remanded the matter back to the Appellate Court, directing it to pass a detailed, reasoned/speaking order in accordance with law, after considering all the material evidence available before it and after giving the petitioner the opportunity of being heard. Read more HERE
GUJARAT HIGH COURT | Rs 1 lakh fine on man caught relieving himself during virtual court proceedings
In a suo motu contempt case, the Division Bench of AS Supehia* and RT Vachhani, JJ, slapped a fine of Rs. 1 lakh on a man who was caught relieving himself during virtual court proceedings. Read more HERE
PRISONS, PRISONERS AND PROBATION OF OFFENDERS
PUNJAB AND HARYANA HIGH COURT | 4-month deadline set for deciding parole applications; Convicts can file contempt cases in case of unjustified delay
In a criminal writ petition filed by a convict seeking parole for six weeks to meet his family members, the Single Judge Bench of Harpreet Singh Brar, J., allowed the application, directing the District Magistrate(‘DM’), Moga, to decide the convict’s application in two weeks. The Court directed that all applications pertaining to temporary release on parole shall be decided by the authority concerned within four months from receipt of such application. Read more HERE
JAMMU & KASHMIR AND LADAKH HIGH COURT | 19-year-old FIR cannot be the basis of a preventive detention order; Detention order quashed
In the present petition, the petitioner challenged the detention order issued by the District Magistrate (‘detaining authority’) whereby her husband (‘detenue’) was placed under preventive detention relying on an FIR lodged in 2006. There was also an unexplained delay in the execution of the detention warrant. A Single Judge Bench of M.A. Chowdhary, J., citing violation of the right to personal liberty, quashed the detention order and held that it was not permissible to pass such an order on references to the stale cases, after a period of 19 years. Read more HERE
RENT CONTROL AND EVICTION
RAJASTHAN HIGH COURT | ‘Speedy disposal of cases a fundamental right’; Expeditious disposal of appeals pending before Appellate Rent Tribunal, ordered
In civil writ petition filed by the petitioner, seeking expeditious disposal of an appeal pending before the Appellate Rent Tribunal filed by the respondent against the order of eviction by the Rent Tribunal, a Single Judge bench of Anoop Kumar Dhand, J., directed the Appellate Tribunal to decide the appeal within three months from the date of receipt of the certified copy of the order. The Court emphasized that the right to speedy disposal of cases is a fundamental right under Article 21 of the Constitution of India. It noted that appeals under the Rajasthan Rent Control Act, 2001 (‘Act’), are required to be decided expeditiously, preferably within 180 days as provided under the Act. Read more HERE
DELHI HIGH COURT | Landlord’s financial well-being or tenant’s financial ill-health not relevant to decide eviction petition under Delhi Rent Control Act
While deciding revision petitions filed under Section 25-B(8) of the Delhi Rent Control Act, 1958 (‘DRC Act’) read with Section 115 of the Civil Procedure Code, 1908, seeking to set aside the similar but separate judgments dated 25-07-2013, passed by the Additional Rent Controller, Dwarka Courts, New Delhi (‘ARC’), a Single Judge Bench of Anup Jairam Bhambhani, J.*, stated that financial well-being of a landlord, or the financial ill-health of a tenant, were not relevant considerations while deciding an eviction petition under section 14(1)(e) of the DRC Act. Thus, the Court allowed the eviction petitions and held that the petitioners were entitled to evict the respondents from the subject premises and obtain vacant, physical possession thereof, in accordance with law. Read more HERE
ROADS AND RAILWAYS
BOMBAY HIGH COURT | Violation of Natural Justice: Municipal Corporation’s decision sanctioning road line through plot under ongoing slum rehab scheme, quashed
In a writ petition filed by a construction company (petitioner) challenging the decision of Municipal Corporation of Greater Mumbai (‘MCGM’) , made in consultation with the Slum Rehabilitation Authority (‘SRA’), to sanction a new 13.40-meter-wide Road Line (‘RL’) through their plot without giving a fair opportunity of hearing, the Division Bench of Alok Aradhe, C.J. and Sandeep V. Marne*, J., set aside the impugned decision and held that such sanctioning had infringed upon the petitioner’s civil rights, as it had been done without affording the petitioner an opportunity to be heard, thereby violating the principles of natural justice. Read more HERE
SCS, STS, OBC, AND OTHER MINORITIES
GUJARAT HIGH COURT | Acquittal in SC/ST Atrocity Case over absence of ‘public view’ and ‘intentional insult’
The present criminal appeal was filed by the appellant under Section 378 of the Criminal Procedure Code, 1973 (‘CrPC’) challenging the order of acquittal (‘impugned order’) of the respondents-accused passed by the Additional Sessions Judge, 2nd Fast Track Court, Deesa, under Sections 323, 504, 506(2) of the Penal Code, 1860 (‘IPC’) and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘Atrocities Act’). A Single Judge Bench of J.C. Doshi, J. upheld the Trial Court’s judgment as the complainant and other key witnesses either turned hostile or failed to support the prosecution case. The Court stated that in the present case, possibility of hurt administered to the complainant defined under Section 3(1)(x) of the Atrocity Act was not possible because there was no public view as no third persons were present on the spot, apart from the complainant, his wife and the accused. The Court thus, found no reason to interfere in the impugned order. Read more HERE
SERVICE LAW
RAJASTHAN HIGH COURT | Appointed on compassionate ground; terminated after 15 years for having 3 children: A travesty of Justice
In a Civil Writ Petition, filed by the son of a martyr appointed on compassionate basis, challenging the termination order on ground of ineligibility for having 3 children at the time of appointment, a single-judge bench of Vinit Kumar Mathur, J., quashed and set aside the termination order, holding that if a person has served the department for fifteen long years, it would be a travesty of justice to terminate his services by treating him ineligible for appointment, particularly when he did not secure employment by unfair means. The Court emphasised that compassionate appointment policies, designed for humanitarian ends, should not be enforced with undue rigidity to cause injustice. Read more HERE
MADRAS HIGH COURT | Protest is not meant for fun; cannot be held at whims and fancies of political parties
In a writ petition filed by the petitioner, the State coordinator of a political party seeking permission to conduct protest, A Single Judge Bench of B. Pugalendhi, J.* stated that conducting of protest is not meant for fun and such protests cannot be conducted at the whims and fancies of the political parties. The Court thus, could not find any fault with the reasons assigned by Respondent 2 for rejecting petitioner’s request, as they were expected to provide police protection to the Kanda Devi temple car festival on the same day on which the protest was requested, and accordingly disposed of the present petition. Read more HERE
TAX
DELHI HIGH COURT | “Valid TDS payment triggers a fresh period of limitation under Section 19”; Partial financial claim by an Ad Company, allowed
In an appeal filed under Section 13 of the Commercial Courts Act, 2015 by the appellant challenging the order dated 28-04-2023, passed by the District Judge wherein the suit was dismissed on the ground of limitation, a division bench of Subramonium Prasad and Harish Vaidyanathan, JJ., held that that while most of the plaintiff’s claims were barred by limitation under Article 18 of the Limitation Act, the claim against two invoices was saved by a valid TDS payment under Section 19. Accordingly, the Court directed the defendants to pay Rs. 24,27,000 with 6% annual interest from the date of invoice till payment. Read more HERE
BOMBAY HIGH COURT | Income Tax Appeal involving tax effect less than Rs. 2 crores disposed of citing CBDT Circular
The instant appeal was filed by the Revenue (‘appellant’) and was properly instituted. However, the assessee prayed for it to be withdrawn on account of Central Board of Direct Taxes (‘CBDT’) Circular No. 5 of 2024 (‘2024 Circular’). The Division Bench of M.S. Sonak and Jitendra Jain, JJ., observed that since the 2018 Circular was superseded by the 2024 Circular and the tax effect involved was less than Rs 2 crore, therefore the appeal stood disposed of on account of the tax effect. Read more HERE
