Criminal Law Roundup July 2024 | Updates on cases related to quashing of proceedings, wrongful detention, bail, and more
Read July’s share of criminal law discussions at the Supreme Court and various High Courts
Delhi High Court
‘UIDAI can be directed to disclose data in sealed cover in exceptional Habeas Corpus cases without prior hearing’: Delhi High Court
The Delhi Police was directed to file an updated status report of the missing woman based on updated Aadhar card information.
Whether a petition can be rejected in part upon an application being moved under Order 7 Rule 11 of the CPC? Delhi HC answers
“The Court said the Family Court judge was correct in holding that divorce petition could not be rejected merely because a part of the cause of action was not viable in law if the Court otherwise had jurisdiction to entertain the action, and therefore, the application under Order 7 Rule 11 was not sustainable.”
[Right to be Forgotten] Delhi High Court grants injunction against India Today Group regarding defamatory posts on acquitted businessman
The right to freedom of expression of the press in the present case must give way to the right to privacy of the plaintiff, especially when he has been exonerated of all the allegations leading to his honourable acquittal.
‘Section 34 of Arbitration Act cannot be used as tool for reappreciation of facts’: Delhi HC
“Section 34, quite apart from its classically limited scope, is certainly not intended to be used as a tool for a litigant to desist from participating in the arbitral proceedings, despite being fully aware thereof, and, thereafter, seek a second bite at the arbitral cherry.”
Supreme Court stays Delhi HC order granting divorce to Chef Kunal Kapur; Refers case for Mediation
Supreme Court has referred the case to the Supreme Court Mediation Centre to explore the possibility of any out-of-court settlement.
Divya Coronil Not a Cure for COVID-19; Delhi High Court directs immediate removal of Misleading ‘Divya Coronil’ Claims
The very branding and labelling of the said Tablet as Coronil appear to suggest that the drug nullifies the coronavirus, it cures the disease, which may even amount to mis-labelling and/or mis-branding of the drug, which is impermissible under the provisions of the Drugs and Cosmetics Act, 1940.
Delhi High Court grants bail to 68-year-old rape accused
The Court refrained from commenting on the merits of the contentions of either party, as trial was pending in the matter.
HIGH COURT JULY 2024 WEEKLY ROUNDUP| Stories on age of superannuation; abortion of 28 weeks pregnancy; compassionate appointment; anti CAA protests and more
A quick legal roundup to cover important stories from all High Courts this week.
Delhi High Court grants Arvind Kejriwal Two Additional Legal Meetings via Video Conferencing
The petitioner sought two additional legal meetings with his Lawyers in a week through video conferencing on the ground that he is embroiled in more than 30 cases in various States of India and even though he has been granted interim bail in a case, but his relief has not become infructuous as he still continues to be in custody in other matters.
Why did Delhi HC refuse to grant ICAI ad interim injunction against Netflix for staying release of series ‘Tribhuvan Mishra CA Topper’?
“It is a series which appears to be more in the genre of comedy, and merely describes the main character as a topper in Chartered Accountancy Examination. It is neither intended nor can be perceived to be derogatory to the profession of Chartered Accountancy.”
Delhi High Court grants permanent injunction to Adidas AG in suit filed for infringement of ‘ADIDAS’ trade mark
It was said that when a mark as distinctive and well-known as “Adidas” is copied, it can dilute the mark’s distinctiveness and harm the brand’s reputation, irrespective of the differences in the product categories.
[Anti CAA Protests] Delhi Police have done so far is “too-little, too-late”; Delhi High Court directs transfer of death investigation of young man to CBI
The leitmotif that “justice should not only be done but should manifestly and undoubtedly be seen to be done”, must not be limited only to court proceedings, but must also apply proprio-vigore to investigation of crime. Investigation must also be seen to be fair and just.
Does information seeker have locus standi in penalty proceedings under Section 20 of RTI Act? Delhi HC answers
The formation of opinion under Section 20(2) of the Right to Information Act, 2005 is in the exercise of supervisory powers of Central Information Commission and not in the exercise of the adjudicatory powers.
Power to grant interim stay of operation of bail order can only be exercised in exceptional cases: Supreme Court
“An order granting a stay to the operation of the order granting bail during the pendency of the application for cancellation of bail should be passed in very rare cases”
Delhi High Court directs Disclosure of Forensic Audit Report on Show Cause Notices by IDBI Bank
A forensic audit was conducted by Grant Thornton LLP at the request of the respondent-bank. The audit led to the withdrawal of the ‘red flagging’ of the company’s account.
Delhi High Court upholds order by CAT directing grant of maternity leave to lady constable for third child
It is the bounden duty of the employer to be sensitive and responsive to the physical difficulties that a working lady would face in performing her duties at the workplace while carrying a baby or bringing up the child post birth.
Delhi High Court grants interim injunction against shops from unauthorised use of brand name ‘Peter England’ outside their shops
The brand ‘Peter England’ was introduced in 1997 and later acquired by Aditya Birla Fashion and Retail Ltd. in 2000.
‘Yamuna River Floodplain must be zealously protected from encroachment and unauthorised construction’: Delhi HC upholds demolition of temple near Yamuna Bank
“There is not even a single scrap of a document placed on record by the appellant/society to show any kind of legitimacy it exercises, either over the land or the illegal structure built thereon.”
Delhi High Court directs removal of defamatory posts and videos against Dhanya Rajendran; grants ad interim relief
It was said that the allegations asserted did not seem to be premised on a public record document such as a criminal case that was registered or pending against Dhanya Rajendran.