Supreme Court grants interim bail to rape convict Asaram Bapu on medical grounds
The interim bail has been granted till 31-03-2025.
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‘Supervisory & judicial review powers vested in HCs demands rigorous scrutiny & judicious application’; SC sets aside HC’s order interdicting CIRP proceedings under IBC
“The IBC is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice.”
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‘High Court can quash proceedings using power either under Art. 226 or under S. 482 of CrPC’; SC reiterates while quashing FIR against foreign national
“The High Court could exercise its power of judicial review in criminal matters and it could exercise this power either under Article 226 of the Constitution or under Section 482 of the CrPC to prevent abuse of the process of the Court or to secure the ends of justice. The exercise of that power would depend upon the facts and circumstances of each case.”
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HIGH COURT JANUARY 2025 WEEKLY ROUNDUP| Stories on Bhupendrasinh Zala; Police Protection to Live-In Couple; WIPRO’s Trade Mark; Rangarajan Narasimhan; and more
A quick legal roundup to cover important stories from all High Courts this week.
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[MCOCA] SC sets aside bail granted without considering embargo placed by special statute; remands matter to HC for fresh consideration
“When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, the power to grant bail should necessarily be subject to satisfaction of the conditions mentioned in such specific provision.”
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‘Non-mentioning of vital facts of assault or criminal force in FIR/ Complaint, would vitiate cognizance taken by CJM’; SC quashes proceedings under S. 353 & 186 of IPC
“A written complaint by a public servant before the Court takes cognizance is sine qua non, absence of which would vitiate such cognizance being taken for any offence punishable under Section 186 of the IPC.”
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Orissa HC directs installation of CCTV cameras in all police stations and out-posts by 31st March
The State Officials/police personnel have been directed to strictly follow the SOP formulated by the State Government on ‘Arrest of and Interaction with Members of Armed Forces in Police Stations’, and to circulate the same in Odia language to all the police stations and the police outposts of the State.
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‘Suppression of criminal antecedents & failure to disclose pending FIRs has significant consequences’: Orissa HC upholds cancellation of candidature for Junior Overman post
“The role of a writ court to interfere with the discretionary power of the appointing authority is necessarily limited. This discretion, however, must be exercised judiciously, with due regard to the principles of fairness, proportionality, and the objectives of public service. The authority retains the prerogative to evaluate a candidate’s fitness/ including instances of prior criminal antecedents or suppression of information.”
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Supreme Court Constitution and Larger Bench Judgments which steered India’s course in 2024
The Supreme Court’s 2024 decisions have marked a significant turning point in the country’s legal and constitutional framework. Key rulings delivered by Constitutional Benches on Electoral bonds, private property, royalty as tax, AMU’s minority status, sub-classification within reserved categories, etc. have left an impact on fundamental rights, political transparency and tax regime, shaping India’s socio-political landscape, influencing both public policy and the broader democratic process.
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‘Power to revise penalty after consultation with PSC is on Governor’s discretion’; Sikkim HC upholds order modifying penalty of dismissal from service to compulsory retirement
The Governor’s failure to consult the Commission as envisaged in Rule 10 of Sikkim Government Servants’ (Discipline and Appeal) Rules, 1985, while passing the order modifying the penalty, alone would not change the nature of the case.
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Gift conditioned on perpetual rendering of services without remuneration amounts to begar or forced labour, hence unconstitutional: SC
“Although Section 127 of TPA permits an onerous gift but a gift which is conditioned upon perpetual rendering of services without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal but even unconstitutional, being violative of fundamental rights of the donees.”
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Mark-up earned by purchasing & selling cargo space from shipping lines not liable to service tax: CESTAT
The assessee-appellant contended that they acted on principal-to-principal with both the customers (shipper) and the shipping line/airline. A freight forwarder may act as principal and raise invoice to the exporter on his own account, providing transportation of goods and is not acting as “intermediary”.
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Dispute relating to infringement of copyright against a particular person is arbitrable: Orissa High Court reiterates
The Court relied on Vidya Drolia v. Durga Trading Corpn., (2019) 20 SCC 406., wherein it was held that a claim for infringement of copyright against a particular person is arbitrable, though in some manner the arbitrator would examine the right to copyright, a right in rem.
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Inquiry Officer can continue Eviction proceedings by upholding natural justice principles in absence of regulations under Section 105H of MMC Act: SC
In the impugned decision, the High Court framed points for the Inquiry Officer to determine the matter and laid down the procedure, the Court held that the High Court overstepped its limits and took unto itself a duty which the Act entrusts the statutory authority to exercise.
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‘Objective of Freedom Fighters’ Pension Scheme to honour genuine freedom fighters without harassment or delay’; Orissa HC directs for release of pension to 100-yr-old freedom fighter
The Scheme requires submission of two co-prisoners’ certificates as incarceration proof, however, the petitioner was able to submit only one affidavit from a co-prisoner. The Court accepted the same as sufficient proof of the petitioner’s claim.
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‘Pilgrims should not suffer’; NGT gives slew of directions to UPPCB and CPCB to maintain Ganga and Yamuna’s water quality ahead of Magh Mela & Kumbh Mela 2025
“During the Maha Kumbh 2025, regular monitoring of the water quality of the rivers Ganga and Yamuna is necessary at frequent intervals to meet primary water quality criteria.”
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Manipur High Court seeks report from State on making public buildings accessible to PwD and elderly persons
A PIL was instituted before the Manipur High Court seeking direction to make public buildings accessible to disabled and elderly people by providing Ramps & Toilets.
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‘Proceedings initiated with ulterior motive, used as weapon’; SC quashes proceedings against parents-in-law under S. 498-A of IPC
“Cruelty is not enough to constitute offence under S. 498-A IPC, it must be done with the intention to cause grave injury or drive victim to commit suicide or inflict grave injury to herself.”
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‘Economic offences stand on different footing, have wider ramifications’; SC upholds Bombay HC’s decision refusing to quash FIR under PC Act involving SBI employees
SBI suffered losses of Rs. 6.13 Crores approximately, causing a substantial injury to the public exchequer and consequently, hampering the public interest…“Economic offences affect the economy of the country as a whole and pose a serious threat to the financial health of the country. If such offences are viewed lightly, the confidence and trust of the public will be shaken.”
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‘Party’s financial independence does not preclude maintenance, especially in cases where marriage subsisted for long’: SC grants Rs. 50 Lakhs alimony to wife in 21-yr-old matrimonial dispute
A sum of Rs. 50 Lakhs has also been awarded to the daughter, in line with the principles of safeguarding the interests of children suffering under distress of such prolonged matrimonial disputes between the parents.
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