HIGH COURT APRIL 2025 WEEKLY ROUNDUP | Stories on Hauz Khas ‘Social’; Nepal Student’s Death; Karuvannur Bank Scam; Harley-Davidson trade mark; and more
A quick legal roundup to cover important stories from all High Courts this week.
custody
‘Child becomes unintended victim in custody battles’: Gujarat HC refuses relief to father who claimed custody after previously agreeing to give child to mother
“When the parents are in conflict, the child’s well-being should remain of paramount concern, the Court must ensure that the minor child is not treated as an object to be passed back and forth, but rather a person whose stability and security must carefully be protected.”
‘Long incarceration can lead to depression, anxiety, drug abuse’; Bombay HC grants bail to a man in custody for over 9 years
Inmates face social stigma which can disrupt relationships with family and friends and the incarcerated persons often suffer long-term consequences from having been subjected to pain, deprivation, and extremely atypical patterns and norms of living and interacting with others.
HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Delhi Riots; Bar Association Elections; Fake Anti-Cancer Drug; NOVARTIS Trade Mark; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Misogynistic, sexist, archaic’: Kerala HC quashes Family Court order denying custody to mother stating she is of loose morals, cites several flaws
“Hearing these cases, we realize how much rigid gender roles and patriarchy have trickled down into societies and guide our thoughts and actions, even in ways we do not understand, at times. We unfortunately continue to follow and perpetuate such unconsciously, which surely warrants continuous education and close introspection.”
Custodial statements under Section 50 PMLA are inadmissible; MP High Court grants bail
“The arrest should be rational, fair and as per law and shall not be merely based upon guilt of accused established from inadmissible evidence.”
Supreme Court grants bail to murder accused after two years; Notes six co-accused already released
Supreme Court directed that the accused be released on bail, on such terms and conditions as may be imposed by the Trial Court. However, if the Trial Court or the State finds that the accused who has been granted bail is delaying the trial, they can approach this Court by way of an application to recall this order.
Accused in custody can apply for anticipatory bail in connection with a different case: Supreme Court
“When procedural law doesn’t preclude the investigating agency from arresting a person in relation to a different offence while he is already under custody in some previous offence, the accused too cannot be precluded of his statutory right to apply for anticipatory bail only on the ground that he is in custody in relation to a different offence.”
Advocate volunteers to cover pregnant minor rape survivor’s delivery expenses on Rajasthan High Court’s request
The State did not oppose the recall of the termination order but contended that the it cannot be directed to bear the medical expenses of the delivery.
Whether a father can be booked for offence of kidnapping for taking away his own minor child from the custody of the mother? Karnataka HC answers
Perusing relevant provisions of Guardianship Act, the Court pointed out that a father is a natural guardian of a minor in the absence of any order otherwise passed by a Court of competent jurisdiction.
Andhra Pradesh HC grants custody of four-and-a-half-years old child to father; permits to take the child back to USA for all-round welfare
In cases of dislocation of minors from a foreign country to India, whenever children have been removed from their native country to India, the Court shall, in the best interest of the child, order for the return of the child to his native country.
[NEET UG 2024] Patna HC permits CBI to take custody of 13 accused in NEET paper leak case
The Court stayed the order dated 02-07-2024 passed by the Exclusive Magistrate, CBI, Patna, whereby CBI’s application for remand of the 13 accused was rejected.
Bombay HC grants bail to man arrested for fraud for having suffered incarceration beyond the maximum sentence period
The Court referred to Niranjan Singh v. Prabhakar Rajaram Kharote (1980) 2 SCC 559, wherein it was explained that no lexical dexterity nor precedential profusion is needed to come to the realistic conclusion that he who is under the control of the court or is in the physical hold of an officer with coercive power is in custody for the purpose of Section 439, CrPC.
Delhi HC grants bail to 21-year-old alleged Manjit Mahal Gang member, after 8 years of custody for doctor’s murder
“The Court said that even though the petitioner’s conduct in jail was ‘unsatisfactory’, he had already been punished for the offences committed in the prison and had already atoned for them.”
Supreme Court Roundup June 2024| Stories on Delhi Water crisis; NEET UG 2024; Delhi Liquor Policy scam; Seven sub-rights of Right to Property; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on Delhi Water crisis; NEET UG 2024; Delhi Excise Liquor Policy; AOR exam; Manish Sisodia Bail; Seven sub-rights of Right to Property and more. It also covers top stories; Never reported Judgments; Cases Reported in SCC Weekly in June; Know thy Judges.
‘Welfare of child is of supreme consideration’: Chhattisgarh HC grants custody of minor daughter to father who expressed her fear of getting beaten by mother
“While fair and temperate criticism of the Court, may not be actionable, but attributing improper motives or tending to bring Judges or Courts into hatred and contempt or obstructing directly or indirectly with the functioning of Courts is serious contempt of which notice will be taken.”
Voluntary surrendered petitions before magistrate having no jurisdiction are not maintainable: Madras HC issues directions
A person accused of an offence under the Penal Code (‘IPC’) who has not been forwarded under Section 167(1) of the CrPC and has voluntarily appeared and filed a surrender petition cannot be dealt with under Section 167(2) of the CrPC.
Delhi High Court allows Ukrainian woman to take her minor son back home who was brought to India by her former husband
“We do not think that it would be in the best interest of the minor child, who is currently five years old, to be separated from his mother and his elder sister, who are living in Vinnytsia, Ukraine.”
[Custody Battle] Madras HC modifies order granting visitation rights to grandparents, by restricting it to once every month
Madras High Court pointed out that at this juncture that the minor child had been under the grandparents’ care since birth, which was disturbed due to the strained relationship between the parties.
Supreme Court suspends sentence of murder convict in custody for past 14 years
The convict was charged with offence under Sections 147, 148, 302 read with Section 149 of the Penal Code, 1860.