2025 | Page 234 of 239

‘Student’s right to travel abroad by issuance of passport cannot be scuttled merely because father did not grant consent’; Bombay HC directs Passport Officer to consider application by mother

The right to travel is required to be not only recognized but made more meaningful, which can be achieved and supported by authorities implementing the provisions of the Passport Act, 1967 by effectively recognizing contemporary needs in dealing with passport applications.

Information to Registration Officer on foreigner's bail

Case Briefs Supreme Court

[Foreigners Act] SC says no to impleading Registration Officer in foreigner’s bail plea; Directs for informing Registration Officer, if bail is granted

“The power to arrest or detain a foreigner under the Foreigners Act, 1946 is independent of the power of the Criminal Court to grant bail. Notwithstanding the bail granted by a Criminal Court, the power to arrest and detain a foreigner can be exercised, provided the Central Government makes an order in terms of clause (g) of Section 3(2) of the Act.”

Case Briefs High Courts

‘Twin Conditions under S. 127 of Income Tax Act was not complied with’; Himachal Pradesh HC grants relief to assessee whose tax assessment was wrongly transferred

“A valuable right of assessee is clearly involved in the matter, when he objected to jurisdiction of the assessing officer and transfer of his case, which obviously could not have been adjudicated upon without affording an opportunity of hearing and disclosing to him the reasons for not accepting his point of view.”

Case Briefs Supreme Court

SC directs Centre to frame Scheme for cashless treatment for victims of motor vehicle accidents in the Golden Hour by 14-3-2025

The Court strictly noted that the provision made in Section 162, the MV Act for framing a scheme for providing cashless treatment in the golden hour seeks to uphold and protect the right to life guaranteed by Article 21 of the Constitution. Moreover, it is a statutory obligation of the Central Government to frame the scheme.

Case Briefs High Courts

“There is no requirement under law for government employees to declare all family members”; Delhi HC sets aside order dismissing application under Order 7 Rule 11, CPC

“Even if the name of family members are not mentioned in the service book, even then they can apply for family pension to which they would be entitled, if they are qualified as per the Pension Rules.”

Hot Off The Press News

Arbitration and Corporate Law Review enters into an MoU with EBC Publishing Pvt Ltd for indexing content on SCC Online

The entire archive will be indexed on SCC Online.

Law School News Moot Court Announcements

1st TNNLU-National Insolvency Moot Court Competition 2025

Tamil Nadu National Law University (TNNLU) was established by the Government of Tamil Nadu by an Act of State Legislature

Case Briefs Supreme Court

SC to consider an alleged Hindu fisherman’s case for Indian citizenship and benefit under CAA; stays HC’s decision declaring him as ‘foreigner’, issues notice

The petitioner’s case was that he is a Hindu and migrated from Bangladesh prior to 31-12-2014, hence, entitled to have the benefit of Citizenship Amendment Act, 2019 passed by the Parliament and cannot be treated as illegal migrant.

Case Briefs High Courts

‘Husband’s inability to cohabit is a condition known to him and does not travel beyond home’; Bombay HC quashes FIR against husband’s relatives

The Court stated that Applicants 5 to 8, being maternal uncles and their wives, are only instrumental in introducing Applicant 1’a marriage proposal to the complainant and it cannot be said that they knew about his condition.

Jurisdiction of Civil Court in parturition suit

Case Briefs Supreme Court

Supreme Court discusses Civil Court’s jurisdiction to try suit once an application for partition is entertained by revenue authorities

“Regarding immovable properties (other than agricultural lands paying land revenue) – such as buildings, plots etc. or movable properties — where the Court can conveniently and without further enquiry make the division without the assistance of any Commissioner, or where parties agree upon the manner of division, the Court will pass a composite decree comprising the preliminary decree declaring the rights of several parties and also a final decree dividing the suit properties by metes and bounds, in one judgment.”

Cases Reported SCC Weekly

2025 SCC Vol. 1 Part 1

Constitution of India — Arts. 14 to 16, 341 and 342 — Reservation

Case Briefs High Courts

‘Consideration of PO Act is right of accused and duty of Courts’; Gauhati HC grants benefit under PO Act to Headmaster & his son convicted of assaulting student’s mother

“The Probation of Offenders Act, 1958 was a milestone in the progress of the modern liberal trend of reform in the field of Penology. It was the result of recognition of the doctrine that the object of criminal law was more about the reformation of the offender than punishing him.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC expresses grave displeasure over blatant violations and mishandling of RTI application by former CPIO

The Central Information Commission condemned the lack of adherence to the RTI Act provisions and the inadequate checks and balances within the system.

Case Briefs High Courts

TRAI cannot request information from Telecom Service Provider under RTI Act to address individual grievances or access customer-specific information: Delhi HC

The Court stated that requiring TRAI to retrieve information about individual complaints from Telecom Service Provider will impose an impractical and onerous burden on the TRAI. With a workforce of merely 170 employees, the TRAI lacked the operational capacity to manage or compile data related to the grievances of over 900 million telecom subscribers.

Case Briefs High Courts

Telangana HC refuses to quash FIR against Former Minister KT Rao over alleged misuse of public funds in Formula E Championship

“It is relevant to note that the FIR need not disclose any specific offence. The FIR should indicate that prima facie an allegation of commission of an offence exists and such an allegation requires an investigation.”

Law School News Others

RGNUL Registrar suspended over allegations of financial, administrative, and other irregularities

Accused of entering a second marriage with Dr. Gurmanpreet Kaur while being legally married to Vinita Pawar,

Case Briefs High Courts

‘Ends of justice would not be met by quashing FIRs’; Bombay HC refuses to exercise jurisdiction under S. 482, CrPC

“The process of law would take its own course through the trial”

Law School News Others

IXth NUALS Parliamentary Debate 2025

National University of Advanced Legal Studies (NUALS), Kochi, proudly presents the NUALS Parliamentary Debate (NPD) 2025

Judicial interference in arbitration agreement

Case Briefs Supreme Court

SC stresses on judicial restraint in arbitration matters; sets aside HC’s order granting opportunity for cross-examination despite Arbitral Tribunal’s rejection

The Court examined the question that whether the High Court correctly exercised its supervisory jurisdiction under Article 227 in granting the respondent one more opportunity to cross-examine the appellant’s witness, despite the Arbitral Tribunal rejected such a prayer.

Case Briefs High Courts

Delhi High Court dismisses petition alleging medical negligence and misconduct against doctors at Max Super Speciality Hospital

“While it is acknowledged that doctors are expected to apply a reasonable level of expertise and exercise due diligence in their practices, their conduct must not be judged against preconceived notions of a specific procedure or outcome.”