2025 | Page 155 of 239

The Legal Journey of Living Wills in India

by O.P. Harsh Singh Munday*

Calcutta High Court slams Trial Judge for ‘wishful fiction’ in divorce case; husband wins divorce appeal on grounds of cruelty

Some of the words used by the Trial Judge are entirely ‘de hors’ the pleadings of both the parties and creates a ‘Deja vu’ in the mind of the court, since the Court have come across the same phrases in other matrimonial judgments as well, authored by the same Judge.

Case Briefs High Courts

‘No averment that he refused to marry her, or marriage wasn’t possible’; Himachal Pradesh HC discharges man accused of raping fiancé under false promise to marry

“The fact that the parties maintained a relationship for five long years would make it difficult to hold that the sexual relationship was based upon a promise to marry.”

Appointments & Transfers News

President appoints Justice N.V. Anjaria, Justice Vijay Bishnoi and Justice A.S. Chandurkar as Judges of Supreme Court

On 26-5-2025, the Supreme Court Collegium had recommended the appointment of 3 new Judges to the Supreme Court.

Case Briefs High Courts

Delhi HC directs Govt. to grant three years INSPIRE Scholarship to a girl student who was eligible but failed to timely provide required documents

“As per the instructions in the advertisement, the respondent was duty bound to inform the petitioner about her being provisionally selected through an e-mail, which in the present case was received after the specified time period.”

Case Briefs High Courts

Probationary Judicial Officer’s discharge for unsatisfactory performance, even if preceded by complaints, not punitive without misconduct allegations: MP High Court

“The public’s perception of the judiciary matters just as much as its role in dispute resolution… therefore it is imperative to maintain a high benchmark of honesty, accountability and good conduct.” – Rajesh Kohli v. High Court of J&K, (2010) 12 SCC

Case Briefs Supreme Court

Supreme Court orders Assam Human Rights Commission to probe alleged fake police encounters in Assam; Sets aside Gauhati HC Judgment, orders legal aid for victims

“The instant matter arises from a series of encounters reported in the State of Assam, the authenticity of which has been called into question on various counts. At the heart of these proceedings lie concerns that straddle the delicate boundary between the imperatives of law enforcement and the inviolable guarantees of life and personal liberty enshrined in our Constitution”.

Case Briefs High Courts

Bombay HC upholds validity of Rule 4(1)(a) of Maharashtra Land Revenue (Transfer of Occupancy by Tribals to Non-Tribals) Rules, 1975

“Individual hardship by itself cannot be a ground to hold a provision to be invalid or unworkable especially in the light of the fact that such provision is enacted keeping in mind the Directive Principles under Article 46 of the Constitution for the larger good and welfare of tribals.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

When DCDRC, Mumbai directed Amazon to pay Rs 40,000 for non-delivery of Rs. 100 Motu Patlu Kids Rakhi

The DCDRC stated that it is the duty of Amazon that it should verify the whereabouts as well as the status of the seller before accepting the order of a respective product.

Hot Off The Press News

Lokpal gives clean chit to former SEBI chairperson Madhabi Puri Buch for all corruption allegations

The six-member bench headed by Justice A.M. Khanwilkar disposed of all the complaints filed against former SEBI Chairperson, Madhabi Puri Buch.

Case Briefs High Courts

Allahabad High Court| Delayed amendment after a decade in divorce proceedings impermissible when facts known at outset

“For the last 10 years the husband was silent over the matter and when the proceedings were at final stage, he moved the amendment application, which is against the spirit of the provisions of Order VI Rule 17 of CPC.”

Case Briefs High Courts

Delhi High Court grants ‘John Doe’ injunction to Ankur Warikoo against AI & Deepfake misuse of identity and brand ‘Warikoo’

In the deep fakes, Ankur Warikoo has been falsely shown to recommend his audience to join WhatsApp groups for stock tips.

20-year rigorous imprisonment under POCSO

Case Briefs Supreme Court

Supreme Court dismisses petition challenging 20 years’ rigorous imprisonment given to convict under S. 6 of POCSO Act

The Trial Court hadn’t given any separate sentence to the convict under Sections 376(3), 377, 506 of the IPC and Section 4 of the POCSO Act in view of Section 42 of the POCSO Act.

Case Briefs High Courts

Meghalaya HC widens scope of PIL on stray dogs menace to entire State, directs formation of Committee under Animal Birth Control Rules

Rule 4 provides for formation of a committee comprising of the commissioner/chief of the local authority, who would be the ex-officio Chairman, representatives of Public Health Animal Welfare, District Society for the said Act, Animal Welfare Organisations and humanitarian or a well-known individual.

Vijay Shah arrest Colonel Sofiya Qureshi case

Hot Off The Press News

Supreme Court extends stay on Minister Vijay Shah’s arrest over remarks against Colonel Sofiya Qureshi; Ends proceedings before MP High Court

Vijay Shah is an Indian politician affiliated with the Bharatiya Janata Party. He serves as a Cabinet Minister in the Government of Madhya Pradesh, holding portfolios including Tribal Affairs, Public Asset Management, and Bhopal Gas Tragedy Relief and Rehabilitation.

Op Eds OP. ED.

The Conundrum Relating to the Restricted Right of Appeal Available to Borrower under Section 18 of the SARFAESI Act, 2002 Owing to Mandatory Requirement of Pre-Deposit

by Pallav Saxena*

Case Briefs Tribunals/Commissions/Regulatory Bodies

Inter Railway Request Transfer approved before policy change cannot be denied; CAT directs Railways to restore pre policy approved transfer

The Railway Board’s 2015 policy required five years of service for inter-railway transfers but applied only to fresh cases of post-issuance. Despite meeting this condition, the applicant was not relieved. Later, a 2022 policy raised the service requirement to ten years, leading SECR to cancel all pending transfers below that threshold, including the applicant’s.

Case Briefs High Courts

‘Can’t be made to suffer due to authorities’ default’; Gujarat HC grants Rs 25 Lakhs financial aid to wife of deceased worker in Govt. fair price shop

“The Government Resolution confers financial benefits as a benevolent resolution acknowledging the contribution of such employees who have expired while performing essential services during the Covid-19 pandemic on behalf of the State Government.”

Case Briefs High Courts

Delhi High Court allows OBC candidate from Manipur to appear in interview stage of UPSC CAPF Exam 2024 despite missing certificate deadline due to insurgency

The petitioner, though possessing an OBC certificate dated 23-02-2024 and earlier years’ certificates, was unable to obtain a fresh certificate between 1 April and 14-05-2024 due to the prevailing insurgency and unrest in Manipur during that period.

Case Briefs Supreme Court

SCBA Elections | Supreme Court finds no foul play in Presidential polls; Directs recount for 9 junior executive posts

“The Secretary General of this Court is directed to deploy adequate Supreme Court Staff to assist the Election Committee for the recounting.”