{"id":353277,"date":"2025-07-13T13:00:11","date_gmt":"2025-07-13T07:30:11","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=353277"},"modified":"2025-07-13T14:06:42","modified_gmt":"2025-07-13T08:36:42","slug":"high-court-weekly-roundup-july-2025-on-saif-ali-khan-cetaphil-swagath-asaram","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/07\/13\/high-court-weekly-roundup-july-2025-on-saif-ali-khan-cetaphil-swagath-asaram\/","title":{"rendered":"HIGH COURT JULY 2025 WEEKLY ROUNDUP | Saif Ali Khan\u2019s Ancestral Property; Phone Tapping & Right to Privacy; Counterfeit Cetaphil Products; Effect of poor CIBIL score; and more"},"content":{"rendered":"
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This week the High Court roundup will travel across India to cover important legal developments such as Patanjali\u2019s disparaging remarks against Dabur Chyawanprash, digital crimes, cartoonist denied bail for PM Modi caricature, Re-NEET UG 2025, phone tapping and right to privacy, counterfeit Birkenstock, and much more.<\/p>\n

ACQUITTAL<\/p>\n

GUJARAT HIGH COURT<\/span> | \u2018Victim\u2019s silence till advance stage of pregnancy proves consent\u2019; Acquittal of man in rape case, upheld<\/p>\n

In an appeal against an order dated 15-4-2013 whereby the Sessions Court acquitted the accused charged under Sections 452<\/a>, 376<\/a> and 506(2)<\/a> of the Penal Code, 1860<\/a> (IPC), a Single Judge Bench of Cheekati Manavendranath Roy, J*, held that the victim\u2019s silence regarding the alleged rape till the pregnancy reached an advanced stage proved that it was a clear case of consent and not rape. Thus, the Court stated that the impugned judgment warranted no interference and accordingly upheld the acquittal of accused. Read more HERE<\/a><\/span><\/p>\n

PATNA HIGH COURT<\/span> | \u2018Prosecution failed to prove case beyond all reasonable doubts\u2019; Rape conviction against Juvenile, set aside<\/p>\n

In a criminal revision petition filed by the accused against the judgment and order passed by the Fast Track Court upholding the conviction and sentence passed by the Juvenile Justice Board (\u2018JJB\u2019), in a case of alleged penetrative sexual assault, the Single Judge Bench of Jitendra Kumar, J., observing that the prosecution had failed to prove its case against the accused beyond reasonable doubt, and noting that the purpose of Juvenile Justice Act, 2000, (\u2018JJ Act\u2019) was reformative and rehabilitative instead of punitive, set aside the order of conviction and sentence passed against the accused. Read more HERE<\/a><\/span><\/p>\n

ADVERTISEMENT<\/p>\n

DELHI HIGH COURT<\/span> | Patanjali restrained from airing advertisements disparaging Dabur Chyawanprash<\/p>\n

In a suit for permanent and mandatory injunction filed by Dabur against Patanjali, wherein Dabur alleged that Patanjali disparaged \u2018Dabur Chyawanprash\u2019 specifically and other chyawanprash generally by calling them \u2018ordinary\u2019, the Single Judge Bench of Mini Pushkarna, J, * held that Patanjali\u2019s advertisement identified Dabur\u2019s product and called it ordinary which amounted to disparagement. Thus, the Court allowed the petition. The Court restrained Patanjali from airing disparaging advertisements and directed it to remove the offending statements from its advertisements. Read more HERE<\/a><\/span><\/p>\n

ADVOCATES<\/p>\n

ALLAHABAD HIGH COURT<\/span> | \u2018Bar works like soldiers to secure justice for citizens\u2019; Rs 25K cost imposed on Gram Pradhan who threatened advocate with false SC\/ST case<\/p>\n

In a land encroachment related public interest litigation, the Single Judge Bench of J.J. Munir, J., was apprised of the conduct of respondent 6, a Gram Pradhan, who hurled abuses at and threatened the petitioner\u2019s advocate with a false case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989<\/a> (\u2018SC\/ ST Act\u2019). The Court sternly warned the Pradhan against such conduct and imposed a cost of Rs 25,000 on him to be paid within 15 days. Read more HERE<\/a><\/span><\/p>\n

ARBITRATION<\/p>\n

DELHI HIGH COURT<\/span> | WhatsApp and email exchanges between parties constitutes valid arbitration agreement<\/p>\n

In a petition filed under Section 9<\/a> of the Arbitration and Conciliation Act, 1996<\/a> (Arbitration Act) wherein the petitioner sought an interim order for attachment of properties of respondents to the tune of Rs 23.34 Crores, the Single Judge Bench of Jasmeet Singh, J*, opined that since orders of attachment affect the financial health of the company, they are not passed as a routine and thus, dismissed the petition. While answering the issue raised by the respondents regarding the validity of the arbitration agreement, the Court noted that WhatsApp and email correspondences would constitute a binding and valid arbitration agreement. Read more HERE<\/a><\/span><\/p>\n

DELHI HIGH COURT<\/span> | Arbitrator\u2019s discretion to fix venue\/seat of arbitration cannot override parties\u2019 exclusive jurisdiction clause in arbitration agreement<\/p>\n

While determining the maintainability of a petition filed under Section 29-A<\/a>(5) of the Arbitration and Conciliation Act, 1996<\/a>, (Arbitration Act), seeking to extend the mandate of the Sole Arbitrator, a Single Judge Bench of Jasmeet Singh, J*, opined that the arbitrator\u2019s discretion to fix venue\/seat of arbitration must be construed strictly in the context of Section 20 of the Arbitration Act and it could not override parties\u2019 exclusive jurisdiction clause in arbitration agreement. Thus, the Court dismissed the present petition on the grounds of lack of territorial jurisdiction. Read more HERE<\/a><\/span><\/p>\n

AVIATION LAW<\/p>\n

DELHI HIGH COURT<\/span> | Turkish firm Celebi\u2019s Security Clearance revoked: State action based on intelligence inputs under Aircraft Rules, 2023, upheld<\/p>\n

In a writ petition filed by Celebi Airport Services India Pvt. Ltd. and Celebi Delhi Cargo Terminal Management India Pvt. Ltd. (petitioners) being aggrieved by the actions undertaken by the respondents, culminating in the revocation of the petitioners\u2019 security clearance, and a directive to transfer their employees to third parties, Sachin Datta, J., dismissed petition and held that any action taken by the Director General of the Bureau of Civil Aviation for the purpose of revocation of any security clearance on the basis of inputs received from the law enforcement\/intelligence agency cannot be considered to be an act inconsistent with the Aircrafts Rules 2023. Read more HERE<\/a><\/span><\/p>\n

BAIL<\/p>\n

ALLAHABAD HIGH COURT<\/span> | Bail granted to POCSO accused to look after pregnant minor victim; Directed inter-faith couple to marry under SMA upon reaching marriageable age<\/p>\n

In a bail application filed in an FIR registered under Sections 137(2)<\/a>, 87<\/a>, 64(1)<\/a> of the Bharatiya Nyaya Sanhita, 2023<\/a> (\u2018BNS\u2019) and 5(2)(j)(ii)<\/a> and 6<\/a> of Protection of Children against Sexual Offences Act, 2012<\/a> (\u2018POCSO\u2019) the Single Judge Bench of Rajesh Singh Chauhan, J., allowed the application and directed the accused to take care of the minor pregnant victim while on bail. Read more HERE<\/a><\/span><\/p>\n

ALLAHABAD HIGH COURT<\/span> | \u2018Digital Crimes Can Destroy Lives\u2019: Bail denied to accused for circulating indecent photographs via WhatsApp<\/p>\n

In a bail application filed by the accused in jail since 09-01-2025 for offences under Sections 74<\/a>, 352<\/a>, 351(2)<\/a>, 64(1)<\/a> Nyaya Sanhita, 2023<\/a> (\u2018BNS\u2019) and Section 67-A<\/a> Information Technology Act, 2000<\/a> (\u2018IT Act\u2019) a Single Judge Bench of Ajay Bhanot, J. refused to grant bail. The Court noted that the accused had allegedly circulated indecent photographs of the victim via WhatsApp. Some of the images had been recovered and sent to the Forensic Science Laboratory (\u2018FSL\u2019) for examination, and the FSL report was awaited. Given the grave nature of the offence and the likelihood of the accused\u2019s involvement, the Court held that no case for bail was made out at this stage. Read more HERE<\/a><\/span><\/p>\n

MADHYA PRADESH HIGH COURT<\/span> | \u201cSheer misuse of the freedom of speech and expression\u201d: Anticipatory bail denied to cartoonist for PM Modi, RSS caricature<\/p>\n

In an anticipatory bail application filed by cartoonist Hemant Malviya in an FIR filed against hm under Sections 196<\/a>, 299<\/a>, 302<\/a>, 352<\/a>, and 353(3)<\/a> of Bhartiya Nyaya Sanhita, 2023<\/a> (\u2018BNS\u2019) and Section 67-A of the I.T. Act, 2000 (\u2018IT Act\u2019) for an offensive caricature depicting the Rashtriya Swayamsewak Sangh (\u2018RSS\u2019) and Prime Minister Narendra Modi, the Single Judge Bench of Subodh Abhyankar, J., rejected the application, holding that the Sections 41(1)(b)(i) and (ii)<\/a> of the Code of Criminal Procedure, 1973<\/a> (\u2018CrPC\u2019) would be attracted against Malviya who overstepped the threshold of freedom of speech and expression. Accordingly, the Court held that his custodial interrogation was necessary. Read more HERE<\/a><\/span><\/p>\n

ALLAHABAD HIGH COURT<\/span> | Bail granted to former Indian Information Service Officer accused of murdering wife, evading arrest by hiding in storeroom<\/p>\n

In a bail application filed by a former Indian Information Service officer, who had been accused of murdering his wife, a lawyer by profession, in 2023, the Single Judge Bench of Siddharth, J. after considering the nature of the offence and other relevant factors, allowed his bail application, subject to certain conditions. Read more HERE<\/a><\/span><\/p>\n

RAJASTHAN HIGH COURT<\/span> | Community Service condition imposed under Swachh Bharat Abhiyan while granting bail to NDPS accused<\/p>\n

In the bail application under Section 483<\/a> of the Bharatiya Nagarik Suraksha Sanhita, 2023<\/a> (\u2018BNSS\u2019) filed by the accused in connection with a First Information Report (\u2018FIR\u2019) registered under Sections 8<\/a> and 21<\/a> of the Narcotic Drugs and Psychotropic Substances Act, 1985<\/a> (\u2018NDPS Act\u2019), the Single Judge Bench of Sameer Jain, J., interpreted \u2018community service\u2019 under the Bhartiya Nyaya Sanhita, 2023<\/a> (\u2018BNS\u2019) as a reformative measure and allowed the bail application, imposing an ancillary condition directing the accused to contribute to the Swachh Bharat Abhiyan initiative for two hours daily over two months. Read more HERE<\/a><\/span><\/p>\n

ALLAHABAD HIGH COURT<\/span> | \u2018BNSS removed statutory bar imposed by UP Amendment on anticipatory bail under S. 438(6) CrPC\u2019; Pre-arrest bail granted to 78-year-old man in 2011 murder<\/p>\n

In an anticipatory bail application filed by a 78-year-old man in an FIR filed under Sections 302<\/a>, 307<\/a>, 323<\/a>, and 504<\/a> the Penal Code, 1860<\/a> (\u2018IPC\u2019), the Single Judge Bench of Chandra Dhari Singh, J., allowed the application, holding that the present bail application under Section 482<\/a> of the Bharatiya Nagarik Suraksha Sanhita, 2023<\/a> (\u2018BNSS\u2019) was manifestly maintainable and the accused made out a prima facie case for grant of anticipatory bail. Read more HERE<\/a><\/span><\/p>\n

RAJASTHAN HIGH COURT<\/span> | Asaram Bapu\u2019s temporary bail extended<\/p>\n

In a criminal application filed by Asaram Bapu for extension of temporary bail granted on 14-01-2025 on humanitarian grounds for medical treatment subject to conditions as set by the Supreme Court, a Division Bench of Dinesh Mehta and Vinit Kumar Mathur, JJ., noting a similar extension granted by Gujarat High Court on 03-07-2025, granted the extension of temporary bail till 12-08-2025. The Court clarified that no further extension will be granted. Read more HERE<\/a><\/span><\/p>\n

CHILD RIGHTS<\/p>\n

BOMBAY HIGH COURT<\/span> | \u201cCourts must act as custodian of child\u2019s rights\u201d; DNA Profiling Test to establish paternity, refused<\/p>\n

The present writ petition was filed by the petitioner-wife, challenging the order of the Family Court which accepted the respondent-husband\u2019s request for conducting DNA Profiling Test to decide the legitimacy of the child born to them. A Single Judge Bench of R.M. Joshi, J., set aside the Family Court order and held that it was the duty of the Court to consider pros and cons before calling upon the minor to undergo a blood or DNA test. Read more HERE<\/a><\/span><\/p>\n

MADRAS HIGH COURT<\/span> | Right to family pension for mentally disabled children of Government servants affirmed, no income certificate required<\/p>\n

In a writ appeal filed seeking to expunge strong remarks made by a Single Judge Bench against the Principal Accountant General, while allowing a writ petition directing the disbursal of family pension to the mentally disabled child (respondent) of a Government servant, the Division Bench of G.R. Swaminathan* and K. Rajasekar, JJ. ordered that the remarks made against the appellant be expunged from the record. The Court further stated that child of a pensioner who is mentally disabled and falls within the scope of the pension rules is entitled to receive family pension, provided it is established that they are incapable of earning a livelihood. The Court made it clear that no insistence can be made for a certificate showing income from all sources, as it is not required by law. Read more HERE<\/a><\/span><\/p>\n

BOMBAY HIGH COURT<\/span> | Suo motu cognizance taken of girls\u2019 harassment in a Children\u2019s Home<\/p>\n

The Court took suo motu cognizance based on various newspaper reports about the incident where nine minor girls escaped from a Vidyadeep Children\u2019s home, in Chhatrapati Sambhajinagar (\u2018Home\u2019). The Division Bench of Vibha Kankanwadi* and Sanjay A. Deshmukh, JJ., took note of the ill-treatment and harassment of the minor girls and after reviewing their statements recorded by the police, observed that despite repeated complaints by the children, the authorities failed to act. Read more HERE<\/a><\/span><\/p>\n

COMPENSATION<\/p>\n

BOMBAY HIGH COURT<\/span> | Rs 8 lakh compensation granted to deceased\u2019s legal representative after accidental fall from local train<\/p>\n

An appeal was filed by the appellant under Section 23<\/a> of the Railway Claims Tribunal Act, 1987<\/a> (the \u20181987 Act\u2019), challenging the order of the Railway Claims Tribunal (\u2018Tribunal\u2019), which had rejected her and her father\u2019s application for compensation under Section 124-A<\/a> the Railways Act, 1989<\/a> (the \u2018Railways Act\u2019). A Single Judge Bench of N.J. Jamadar, J., reversed the Tribunal\u2019s decision and held that if the claimant belonged to a class presumed dependent due to the relationship and was not required to prove actual dependency, and the railway\u2019s strict liability was established, then the right to compensation crystallised on the date of the passenger\u2019s death under Section 124-A of the Railways Act. The Court further held that the appellant in her capacity as the legal representative of the deceased who died after accidental fall from a local train was entitled to receive Rs 8 lakh compensation. Read more HERE<\/a><\/span><\/p>\n

RAJASTHAN HIGH COURT<\/span> | 1.9 Crore compensation awarded to a paralysed NIT student<\/p>\n

In Civil Appeal filed by a permanently paralysed road accident victim, seeking enhancement of compensation, and another connected application filed by the insurance company challenging the quantum of compensation awarded by the Motor Accident Claims Tribunal (\u2018Tribunal\u2019), Dausa (Rajasthan), the Single Judge Bench of Ganesh Ram Meena, J., held that the compensation awarded by the Tribunal was inadequate and that \u201cjust compensation\u201d as per the Motor Vehicles Act, 1988<\/a>, is not a matter of charity but a moral necessity. The Court, hence, enhanced the total compensation from Rs. 1,49,88,153 to Rs. 1,90,00,000. Read more HERE<\/a><\/span><\/p>\n

DEBT, FINANCIAL AND MONETARY LAWS<\/p>\n

MADRAS HIGH COURT<\/span> | Can poor CIBIL score, and poor history of loan repayment be grounds for cancellation of bank\u2019s appointment?<\/p>\n

In a petition filed under Article 226<\/a> of the Constitution<\/a> seeking to quash the order passed by the respondents (\u2018SBI\u2019) and direct the petitioner\u2019s appointment as Circle Based Officer (\u2018CBO\u2019), N. Mala J., referring to the recruitment notification, stated that the bank took a prudent decision that the candidates with history of default in repayment of loans and adverse CIBIL and other external agencies report were ineligible. Therefore, considering the petitioner\u2019s adverse CIBIL report and the recruitment notification, the Court upheld the impugned order cancelling the petitioner\u2019s appointment as CBO. Read more HERE<\/a><\/span><\/p>\n

DOMESTIC VIOLENCE<\/p>\n

BOMBAY HIGH COURT<\/span> | Under construction flat is not \u2018shared household\u2019 under Domestic Violence Act<\/p>\n

The present writ petition was filed by the petitioner-wife under Section 2(s)<\/a> of the Protection of Women from Domestic Violence Act, 2005<\/a> (\u2018DV Act\u2019), seeking to direct the respondent-husband to pay the remaining two instalments for the \u201cshared household\u201d while the divorce proceeding was undergoing. A Single Judge Bench of Manjusha Deshpande, J., while dismissing the petition of the wife, held that since the property\/flat, was still under construction and not in possession of either of the parties, therefore, it would not fall within the purview of \u201cshared household\u201d, as defined under Section 2(s) of the DV Act and, further the kind of relief claimed by the wife, unfortunately did not fit under any of the reliefs provided under Section 19 of the DV Act. Read more HERE<\/a><\/span><\/p>\n

DELHI HIGH COURT<\/span> | \u2018Stale allegations to exert pressure\u2019; Plea to issue summons to in-laws in domestic violence complaint, dismissed<\/p>\n

The petitioner-wife filed the present petition under Section 528<\/a> of the Bharatiya Nagarik Suraksha Sanhita, 2023<\/a> (\u2018BNSS\u2019) read with Section 482<\/a> of the Criminal Procedure Code, 1973<\/a> (\u2018CrPC\u2019) for quashing the orders of the Trial Court and the Appellate Court, which upheld the Trial Court\u2019s order, whereby the names of in-laws were deleted from the array of parties when omnibus allegations were mentioned against them. A Single Judge Bench of Manmeet Pritam Singh Arora*, J., opined that no interference was warranted when non-summoning and deletion of parties was done due to lack of specific allegations against them in the complaint filed under Section 12<\/a> of the Protection of Women from Domestic Violence Act, 2005<\/a> (\u2018DV Act\u2019). Read more HERE<\/a><\/span><\/p>\n

KERALA HIGH COURT<\/span> | No Scope for inherent powers to interfere with interim orders passed under DV Act without manifest illegality<\/p>\n

In a petition filed under Section 528<\/a> of the Bharatiya Nagarik Suraksha Sanhita, 2023<\/a> (\u2018BNSS\u2019) against interim order passed by the Grama Nyayalaya, Vellanadu, the Single Judge Bench of G. Girish, J. held that a petition seeking the exercise of inherent powers to set aside an interim order passed under Section 12(1)<\/a> of the Protection of Women from Domestic Violence Act, 2005<\/a> (\u2018PWDV Act\u2019), was not maintainable in the absence of any blatant irregularity or manifest illegality in the said order. Read more HERE<\/a><\/span><\/p>\n

DOWRY<\/p>\n

GUJARAT HIGH COURT<\/span> | Petty family quarrels do not amount to dowry harassment<\/p>\n

In a criminal appeal filed against the judgement dated 28-5-2014 passed by the Trial Court, whereby the accused persons were acquitted of the charges under Sections 498-A<\/a>, 306<\/a>, 304-B<\/a> and 114<\/a> of the Penal Code, 1860<\/a> (IPC) read with Sections 3<\/a> and 7<\/a> of the Dowry Prohibition Act, 1961<\/a> (Dowry Act), the Division Bench of Cheekati Manavendranath Roy* and D. M. Vyas, JJ, upheld the Trial Court\u2019s order of acquittal and stated that petty quarrels and bickering that are common in family life do not amount to \u2018cruelty\u2019 under Section 498-A of the IPC and cannot be called dowry harassment. Read more HERE<\/a><\/span><\/p>\n

EDUCATION LAW<\/p>\n

MADRAS HIGH COURT<\/span> | No Re-NEET UG 2025: Appeal for re-exam over power outage at Chennai centres, dismissed<\/p>\n

In an intra-court appeal filed by medical aspirants against the order dated 06-06-2025, wherein their plea for a re-examination of NEET UG 2025 due to power outage was dismissed, the Division Bench of Nisha Banu and M. Jothiraman*, JJ. held that the Court could not exercise appellate jurisdiction over the National Testing Agency\u2019s (\u2018NTA\u2019) considered decision, which was based on field-level verification and expert statistical analysis, unless it was shown to be manifestly arbitrary, mala fide, or illegal. As no such grounds were established, the Court found no reason to interfere with the impugned order, and accordingly, the writ appeal was dismissed for lack of merit. Read more HERE<\/a><\/span><\/p>\n

DELHI HIGH COURT<\/span> | GD Goenka school directed to re-admit child with mild autism; highlighted inclusivity in educational institutions<\/p>\n

In a writ petition filed against GD Goenka school for re-admission of a child with mild autism, a Single Judge bench of Vikas Mahajan, J*, opined that the statutory obligations under the Rights of Persons with Disabilities Act, 2016<\/a> (\u2018RPwD Act\u2019) are enforceable duties which are meant to ensure full and effective participation of children with disabilities in all walks of life, particularly in education. The Court also directed GD Goenka to re-admit the petitioner, who was suffering from mild autism, in Class I or any age-appropriate class. Read more HERE<\/a><\/span><\/p>\n

FUNDAMENTAL RIGHTS<\/p>\n

MADRAS HIGH COURT<\/span> | In-depth analysis of verdict on phone tapping and the right to privacy<\/p>\n

In a writ petition filed under Article 226<\/a> of the Constitution of India<\/a> on phone tapping and right to privacy, challenging an order passed by the Secretary to Government of India, Ministry of Home Affairs under Section 5(2)<\/a> of the Telegraph Act, 1885<\/a> ( \u2018Act\u2019) and Rule 419-A of the Telegraph Rules, 1951 (\u2018Rules\u2019) authorizing tapping of the mobile phone of the petitioner by Central Bureau of Investigation (\u2018CBI\u2019), a Single Judge bench of A. Anand Venkatesh, J. held, inter alia, that the right to privacy is now an integral part of the right to life and personal liberty guaranteed under Article 21<\/a> of the Constitution of India<\/a>. Read more HERE<\/a><\/span><\/p>\n

INTELLECTUAL PROPERTY<\/p>\n

BOMBAY HIGH COURT<\/span> | Interim relief granted to Empire Spices and Foods Ltd. for mark \u201cRAM BANDHU\u201d against mark \u201cSHREE RAM BANDHU\u201d<\/p>\n

An interim application was filed by Empire Spices and Foods Ltd. (applicant), wherein an interim injunction was sought against the respondent for alleged infringement of the registered trade mark \u201cRAM BANDHU\u201d, associated artistic copyright, and passing off. A Single Judge Bench of Sharmila U. Deshmukh, J., granted interim relief to the applicant, noting the deceptive similarity between the applicant\u2019s registered trade mark \u201cRAM BANDHU \u201d and the respondent\u2019s mark \u201cSHREE RAM BANDHU \u201d. The Court held that the applicant had established a prima facie case of infringement under the Trade Marks Act, 1999<\/a> (the \u2018Act\u2019) and reiterated the principle that copying the essential features of a registered mark amounted to infringement, even when an additional element, such as the prefix \u201cSHREE\u201d, was present. Read more HERE<\/a><\/span><\/p>\n

DELHI HIGH COURT<\/span> | Swagath vs Hotel Swagath: Notice issued in Trademark Suit; Next hearing on August 27<\/p>\n

Two parallel suit was filed by popular New Delhi-based restaurant chain, Swagath (plaintiff) against a Telangana-based hospitality enterprise operating under the identical name \u2018Swagath\u2019 alleging infringement of its mark and sought cancellation of the rival\u2019s registered trademark. Amit Bansal, J., issued notice in both proceedings and directed that the matter be listed on 27-08-2025 for consideration of interim relief. Read more HERE<\/a><\/span><\/p>\n

BOMBAY HIGH COURT<\/span> | John Doe injunction granted to Galderma against counterfeit CETAPHIL products<\/p>\n

In an application filed for ad-interim relief, it was alleged by Galderma India Pvt. Ltd. (\u2018plaintiff\u2019) that the defendants sold goods bearing the plaintiff\u2019s trade mark and artistic work and therefore it sought an injunction to restrain the defendants from doing so. A Single Judge Bench of Sharmila U. Deshmukh, J., opined that upon comparison of the products of the plaintiff and the defendants, it was prima facie evident that the defendants\u2019 products were counterfeit products as it did not contain the barcode, maximum retail price (MRP) etc., which indicated that the same did not originate from the plaintiff and was a slavish copy of the plaintiff\u2019s trade mark and artistic work. Therefore, the Court granted an injunction prohibiting the defendants from infringing on the plaintiff\u2019s products. Read more HERE<\/a><\/span><\/p>\n

DELHI HIGH COURT<\/span> | Ex parte injunction granted in favour of Birkenstock against counterfeit footwear sales<\/p>\n

A suit was filed by Birkenstock IP GmbH (plaintiff), a German limited liability company operating in India through its wholly owned subsidiary Birkenstock India Pvt. Ltd., seeking permanent injunction against the defendants to restrain them from infringing its intellectual property specifically its trademarks, copyrights, and registered designs related to its well-known BIRKENSTOCK brand of footwear. Saurabh Banerjee, J., granted an ex parte ad interim injunction in favour of the plaintiff, restraining the defendants from manufacturing, selling, storing, importing, exporting, or dealing in any products bearing the plaintiff\u2019s registered marks or deceptively similar marks, including trade dress, shape marks, logos, packaging, or any other infringing material. Read more HERE<\/a><\/span><\/p>\n

NEGOTIABLE INSTRUMENTS ACT<\/p>\n

DELHI HIGH COURT<\/span> | \u2018Corporate Veil may be pierced when corporate structure is being used to perpetrate fraud\u2019; Directors held liable for cheque dishonour<\/p>\n

In a revision petition filed against the order passed by the District Commercial Court, Saket, wherein the District Court had pierced the corporate veil to hold the petitioners personally liable for dishonour of cheque, the Single Judge Bench of Amit Mahajan, J*, opined that where the corporate structure is being used for illegal activities, the Court is empowered to disregard the separate legal entity accorded to the company to hold the directors personally liable. Read more HERE<\/a><\/span><\/p>\n

PIL<\/p>\n

CHHATTISGARH HIGH COURT<\/span> | \u201cCan\u2019t encourage activity or give such direction that may turn into disaster in future\u201d: PIL seeking cultivation of industrial hemp, rejected<\/p>\n

In a public interest litigation (\u2018PIL\u2019) seeking direction to the State for permission to grow, possess, and cultivate industrial hemp, the Division Bench of Ramesh Sinha*, CJ., and Bibhu Datta Guru, J., rejected the PIL, holding that not only were the reasons assigned by the petitioner to permit cultivation of cannabis frivolous and baseless, but the petitioner also had no locus standi and it was not a genuine PIL. Read more HERE<\/a><\/span><\/p>\n

POCSO<\/p>\n

BOMBAY HIGH COURT<\/span> | \u2018Will defeat purpose of POCSO Act\u2019; Bail denied to man for allegedly committing aggravated penetrative sexual assault on minor boy<\/p>\n

In an application for regular bail under Section 439<\/a> of the Criminal Procedure Code, 1973<\/a> (\u2018CrPC\u2019) in connection with offences alleged under Sections 137(2)<\/a> and 126(2)<\/a> of the Bharatiya Nyaya Sanhita, 2023<\/a> (\u2018BNS\u2019) as well as under Sections 4<\/a>, 6<\/a>, 8<\/a> and 12<\/a> of the Protection of Children from Sexual Offences Act, 2012<\/a> (\u2018POCSO\u2019), a Single Judge Bench of Amit Borkar, J., rejected the bail application on the ground that it lacked merit as the applicant-accused failed to demonstrate that the allegations against him were prima facie baseless which was essential for securing bail in such cases. Read more HERE<\/a><\/span><\/p>\n

MADRAS HIGH COURT<\/span> | Fresh investigation ordered in POCSO case despite negative DNA report of the accused<\/p>\n

The present criminal revision petition was filed by the petitioner\/accused under Section 397<\/a> read with 401<\/a> of the Criminal Procedure Code, 1973<\/a> (\u2018CrPC\u2019) to call for records and set aside the order passed by the Sessions Judge, Mahila Court, Pudukkottai for offences under Sections 5(l)<\/a>, 5(j)(ii)<\/a>, 5(n)<\/a> read with Section 6<\/a> of the Protection of Children from Sexual Offences Act, 2012<\/a> (\u2018POCSO Act\u2019) and under Section 506<\/a> of the Penal Code, 1860<\/a> (\u2018IPC\u2019). A Single Judge Bench of K. Murali Shankar*, J., whileexercising its powers under Section 482 CrPC, held that in light of the way the investigation was carried and the negative DNA report excluding the accused from being the father of the victim\u2019s child, quashed the charge sheet filed against him and ordered a fresh investigation. Read more HERE<\/a><\/span><\/p>\n

PRACTICE AND PROCEDURE<\/p>\n

ALLAHABAD HIGH COURT<\/span> | Litigants cannot be forced to pay beyond \u20b9125 for photo ID; Charges for filing cases and affidavits, capped<\/p>\n

In an appeal filed by the Allahabad High Court Bar Association challenging the order of the Single Judge, who directed the removal of the Rs. 500 charges imposed on litigants for photo identification at both Allahabad and Lucknow Benches and held that the Registry\u2019s use of a list of defects in affidavits lacked support under the High Court Rules, a Division Bench comprising Attau Rahman Masoodi and Shree Prakash Singh, JJ., partially upheld the Single Judge\u2019s ruling. The Division Bench affirmed the direction for removal of excessive fees charged for photo identification, holding that litigants cannot be compelled to pay any amount exceeding what is prescribed under the Office Memorandum dated 22-11-2024, which fixes the charge at Rs.125\/- for the issuance of a passport-size photograph along with the identification number. The Court clarified that any demand for amounts over and above the prescribed rate by Photograph Affidavit Centres is impermissible in law and reiterated that only the statutorily fixed fee is permissible for affidavit-related formalities required at the High Court. Moreover, Court held that the direction issued by the Single judge, restraining the Registry from marking defects in affidavits sworn before a notary public was not in consonance with the relevant provisions of the High Court Rules, particularly Chapter II, Rule 1(ii). Read more HERE<\/a><\/span><\/p>\n

PROPERTY LAW<\/p>\n

MADHYA PRADESH HIGH COURT<\/span> | 25-year-old Trial Court order concerning Saif Ali Khan\u2019s ancestral property set aside; Matters remanded for fresh trial<\/p>\n

In a set of two appeals filed by actor Saif Ali Khan\u2019s family against a Trial Court judgment which dismissed the partition suits preferred by the appellants, the Single Judge Bench of Sanjay Dwivedi, J., allowed the appeals, holding that the Trial Court had dismissed the suits while placing reliance on an overruled decision of the Allahabad High court without considering other aspects. The Court accordingly remanded the cases to the Trial Court to be decided afresh. Read more HERE<\/a><\/span><\/p>\n

PUBLIC ACCOUNTABILITY, VIGILANCE AND PREVENTION OF CORRUPTION<\/p>\n

DELHI HIGH COURT<\/span> | \u2018Against speedy trial\u2019s mandate\u2019; Relief granted to a 90-year-old man convicted for demanding Rs. 15k bribe in 1984<\/p>\n

In an appeal filed by the 90-year-old appellant, challenging his conviction under Sections 5(1)<\/a> read with 5(2)<\/a> of the Prevention of Corruption Act, 1947<\/a> (\u2018PC Act\u2019) and Section 161<\/a> of the Penal Code, 1860<\/a> (\u2018IPC\u2019), whereby he was convicted for demanding Rs. 15k bribe in 1984, a Single Judge Bench of Jasmeet Singh, J., stated that such inordinate delay was plainly at odds with the constitutional mandate of a speedy trial envisaged under Article 21<\/a> of the Constitution<\/a>. Thus, considering mitigating circumstances, the Court reduced the appellant\u2019s quantum of sentence to the time already served. Read more HERE<\/a><\/span><\/p>\n

QUASHMENT OF PROCEEDINGS\/ FIR<\/p>\n

SIKKIM HIGH COURT<\/span> | Section 528 BNSS or Section 482 CrPC? Applicability explained<\/p>\n

The present petition was filed by the petitioners, seeking quashment of the FIR and criminal proceedings arising from a land dispute, which had been registered under non-compoundable offences of the Penal Code, 1860<\/a> (\u2018IPC\u2019). Following the resolution of the matter through a Settlement Agreement, the petitioners invoked the inherent powers of the High Court under Section 528<\/a> of the Bharatiya Nagarik Suraksha Sanhita, 2023<\/a> (\u2018BNSS\u2019). A Single Judge Bench of Meenakshi Madan Rai, J., allowed the petition and held that the matter between the disputing parties had arisen out of a civil dispute, which formed a fit case for the exercise of its jurisdiction under Section 528 BNSS, and accordingly quashed the FIR and the proceedings. Read more HERE<\/a><\/span><\/p>\n

ROADS AND RAILWAYS<\/p>\n

JHARKHAND HIGH COURT<\/span> | PIL on Hata-Tiring NH-220 road reconstruction closed upon completion of work<\/p>\n

In a Public Interest Litigation (\u2018PIL\u2019) filed by the petitioner seeking directions for immediate reconstruction and repair of the Hata-Tiring National Highway 220 (\u2018NH-220\u2019), particularly a 4-Km stretch from Rasunchopa to the Tiring border, which was in a severely dilapidated condition, the Division Bench of M.S. Ramachandra Rao, CJ., and Rajesh Shankar, J., closed the PIL after the respondents filed a completion certificate confirming the completion of road work. [Akash Sharma v. Union of India, 2025 SCC OnLine Jhar 2744<\/a>] Read more HERE<\/a><\/span><\/p>\n

SCS, STS, OBCS AND OTHER MINORITIES<\/p>\n

KERALA HIGH COURT<\/span> | No retrospective reservation benefit if community added to backward list after application deadline<\/p>\n

In a matter concerning the issue of whether a candidate who had applied under the General Category could later claim the benefit of reservation, if their community was included in the backward community list after the last date for submitting the application, the Division Bench of A. Muhamed Mustaque* and Johnson John, JJ., held that a candidate who had applied for a government post under the General Category could not later claim the benefit of reservation if their community was included in the reserved category after the last date of application, as eligibility must be determined based on the status at the time of notification. Read more HERE<\/a><\/span><\/p>\n

BOMBAY HIGH COURT<\/span> | FIR ordered in Dalit law student\u2019s custodial death after arrest in 2024 protest over atrocities on Hindus in Bangladesh<\/p>\n

A writ petition was filed by the mother of the deceased (\u2018petitioner\u2019) seeking registration of a first information report(\u2018FIR\u2019) under the relevant provisions of the Nyaya Sanhita, 2023<\/a> (\u2018BNS\u2019) and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989<\/a> (\u2018Atrocities Act\u2019), against the police officers allegedly responsible for the custodial death of her son (\u2018deceased\u2019), who was arrested for protesting against the alleged atrocities committed against Hindus in Bangladesh in 2024. The Division Bench of Vibha Kankanwadi* and Sanjay A. Deshmukh, JJ., held that the police failed in their duty by not filing an FIR even after a complaint was submitted by the petitioner. Accordingly, the Court directed the registration of the FIR. Read more HERE<\/a><\/span><\/p>\n

SERVICE LAW<\/p>\n

CHHATTISGARH HIGH COURT<\/span> | \u2018Imposition of punishment is managerial function\u2019: Termination of Bhilai Steel Plant technician for habitual absenteeism, upheld<\/p>\n

In a writ petition filed by a former technician assailing the Appellate Authority\u2019s order affirming his termination from service, the Single Judge Bench of Narendra Kumar Vyas, J., rejected the petition, holding that the petitioner was rightly punished with termination for being a habitual absentee. [M. Mohan Rao v. Bhilai Steel Plant, 2025 SCC OnLine Chh 6159<\/a>] Read more HERE<\/a><\/span><\/p>\n

ORISSA HIGH COURT<\/span> | Compensation awarded to workman unjustly dismissed from service by SBI for withdrawing money from deceased\u2019s account<\/p>\n

The petitioner, State Bank of India (\u2018Bank\u2019), filed the present writ petition challenging the award given by Central Government Industrial Tribunal-cum-Labour Court, Bhubaneswar (\u2018Tribunal\u2019), wherein it directed reinstatement of a Messenger (\u2018Workman\u2019) with 50% back wages after his dismissal for allegedly facilitating withdrawal from a deceased person\u2019s account. The Division Bench of Harish Tandon, CJ., and K.R. Mohapatra*, J., held that the materials on record were not sufficient to hold the Workman guilty of any misconduct alleged against him and the departmental inquiry was not conducted with all fairness and in conformity with the principles of natural justice. The Court directed the Bank to pay Rs 5 lakh towards lump sum compensation in lieu of his reinstatement and 50% of the back wages, as directed by the Tribunal. Read more HERE<\/a><\/span><\/p>\n

GAUHATI HIGH COURT<\/span> | Inside order quashing In-Charge Headmaster\u2019s appointment; highlighting appointments to be based on seniority-cum-efficiency principle<\/p>\n

In a petition filed by the petitioner under Article 226<\/a> of the Constitution<\/a>, challenging the order issued by the District Elementary Education Officer (\u2018DEEO\u2019), whereby Respondent 5 was allowed to act as In-Charge Head Master cum Member Secretary, Robin Phukan J., stated that appointment of In-Charge Headmaster had to be made on the principle of seniority-cum-efficiency. Thus, the Court quashed the impugned order and directed the respondent authorities to allow the petitioner to hold the post of In-Charge Headmaster cum Member Secretary with all financial powers of the school, in addition to his normal duties, until a regular Headmaster was posted in the said school. Read more HERE<\/a><\/span><\/p>\n

STREET VENDORS<\/p>\n

MEGHALAYA HIGH COURT<\/span> | Directions issued for eviction of hawkers from police bazar area of Shillong; Senior Advocate to oversee implementation<\/p>\n

The Division bench of IP Mukherji, CJ and W Diengdoh, J, issued directions for providing alternative vending spaces for vendors and hawkers evicted from the Police Bazar area of Shillong. Read more HERE<\/a><\/span><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

A quick legal roundup to cover important stories from all High Courts this week.<\/p>\n","protected":false},"author":67524,"featured_media":353280,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[46069,45673],"tags":[85234,85231,58084,85230,84923,85225,85228,84898,85227,85233,42631,57956,84843,85226,85232,85229],"class_list":["post-353277","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-high-court-round-up","category-columns-for-roundup","tag-bhilai-steel-plant-technician","tag-birkenstock","tag-cibil-score","tag-counterfeit-cetaphil-products","tag-dabur-chyawanprash","tag-digital-crimes","tag-empire-spices-and-foods-ltd","tag-galderma","tag-gd-goenka","tag-hata-tiring-nh-220-road","tag-patanjali","tag-phone-tapping","tag-ram-bandhu","tag-re-neet-ug-2025","tag-saif-ali-khans-ancestral-property","tag-swagath-vs-hotel-swagath"],"yoast_head":"\nHigh Court Weekly Roundup for July 2025| SCC Times<\/title>\n<meta name=\"description\" content=\"High Court Weekly Roundup for July 2025: Read stories on Saif Ali Khan\u2019s Ancestral Property; 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Remands matters for fresh trial","author":"Sonali Ahuja","date":"July 7, 2025","format":false,"excerpt":"The original partition suits were filed by the heirs of the deceased Nawab\u2019s elder brother against Saif Ali Khan\u2019s grandmother who inherited the vast personal estate of the late Nawab, her grandfather, when she took the throne.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Saif Ali Khan\u2019s ancestral property","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/Saif-Ali-Khans-ancestral-property.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/Saif-Ali-Khans-ancestral-property.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/Saif-Ali-Khans-ancestral-property.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/Saif-Ali-Khans-ancestral-property.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":261353,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/02\/09\/cal-hc-disparagement-or-mere-puffery-court-decides-in-matter-of-offending-misleading-advertisements-dabur-india-v-baidyanath-ayurved\/","url_meta":{"origin":353277,"position":4},"title":"Cal HC | Disparagement or mere puffery? Court decides in matter of offending\/misleading\u00a0advertisements [Dabur India v. Baidyanath Ayurved]","author":"Editor","date":"February 9, 2022","format":false,"excerpt":"Calcutta High Court: Shekhar B. Saraf, J. decided on a petition which was filed seeking remedy against impugned advertisements disparaging the goodwill and reputation of the petitioner and its product. 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