Top Legal News From the Last Week | Dec 16-22nd | LegalWiki

Top Legal News From the Last Week | Dec 16-22nd | LegalWiki

Constitutional Law

Allahabad High Court Denies Bail, Says ‘Sar Tan Se Juda’ Slogan Challenges India’s Sovereignty

The Allahabad High Court has refused bail to a man accused of incitement, holding that the slogan “gustakh-e-nabi ki ek saza, sar tan se juda” constitutes a direct challenge to India’s sovereignty, integrity, and authority. Read more

Delhi High Court: Acquitted Person’s Right to Dignity Can Override Freedom of Press

The Delhi High Court has held that an individual’s right to dignity and reputation under Article 21 can prevail over the freedom of the press guaranteed under Article 19(1)(a). Read more

Supreme Court To Hear PIL Seeking Separate Legal Recognition For Intersex Persons

The Supreme Court will hear a PIL seeking distinct legal recognition for intersex persons, separate from the transgender category. Read more

Electricity is a Fundamental Right & Cannot Be Denied Over Landlord-Tenant Dispute: Delhi High Court

The Delhi High Court has held that access to electricity is an integral part of the right to life under Article 21 of the Constitution and cannot be denied merely because a landlord-tenant dispute is pending. Read more

Gujarat High Court Holds Institute for Plasma Research Is ‘State’ Under Article 12

The Gujarat High Court has held that the Institute for Plasma Research qualifies as “State” under Article 12 of the Constitution of India. Read more

Civil Law 

Gujarat High Court: Tripling on Two-Wheeler Not Contributory Negligence Without Evidence

The Gujarat High Court held that triple riding on a two-wheeler does not by itself amount to contributory negligence unless supported by evidence showing a causal connection with the accident. Read more

Assumption Of Income From YouTube Reels Cannot Be Basis To Deny Maintenance: Allahabad High Court

The Allahabad High Court set aside a Family Court order that denied maintenance to a wife solely on the assumption that she earned income by making YouTube reels. Read more

Criminal Law

Supreme Court Says High Courts Cannot Grant ‘No Arrest’ Protection While Refusing To Quash FIR

The Supreme Court has set aside an order of the Allahabad High Court which, while refusing to quash an FIR, granted protection from arrest and directed completion of the investigation within a fixed timeline. Read more

Section 311 CrPC Power To Recall Witnesses Must Be Used Sparingly: Supreme Court

The Supreme Court has held that the power under Section 311 CrPC to recall or examine witnesses must be exercised sparingly and only when the evidence is indispensable to discover the truth. Read more

Supreme Court Says Time-Bound Investigation Should Be Ordered Only in Cases of Undue Delay

The Supreme Court has held that courts should not routinely direct time-bound investigations and must do so only where the record shows undue delay or stagnation. Read more

Meghalaya Honeymoon Murder Case: Shillong Court Denies Bail to Prime Accused Sonam Raghuvanshi

A court in Shillong has denied bail to Sonam Raghuvanshi, the prime accused in the alleged murder of her husband, Raja Raghuvanshi, during their honeymoon in Meghalaya in May 2025. Read more

Section 389 CrPC Cannot Be Invoked Mechanically in Life Imprisonment Cases: Supreme Court

The Supreme Court set aside a Patna High Court order suspending the sentence and granting bail to a convict sentenced to life imprisonment for murder under Section 302 read with Section 149 IPC. Read news

Supreme Court: Articles Handed Over During Personal Search Not Recoveries Under Section 27 Evidence Act

The Supreme Court held that incriminating articles handed over by an accused to the police during a routine personal check cannot be treated as recoveries under Section 27 of the Evidence Act. Read more

Arbitration

Delhi High Court Criticises IRCTC For Insisting On PSU-Curated Panel for Appointment of Arbitrator

The Delhi High Court has criticised the Indian Railway Catering and Tourism Corporation Limited for insisting that a private contractor appoint its nominee arbitrator from a panel curated by the PSU. Read more

Bombay High Court Dismisses PIL Seeking Use of Old Goa High Court Building as Arbitration Or Mediation Centre

The Bombay High Court dismissed a PIL seeking to use Goa’s old Lyceum High Court complex as an arbitration and mediation centre, holding that the petitioners had no statutory or legal right to make such a demand. Read more

IPR

Centre Reviews Copyright Act To Address Legal Issues Posed By Generative AI, Lok Sabha Told

The Central Government informed the Lok Sabha that it is reviewing the adequacy of the Copyright Act,1957 in light of legal challenges arising from generative artificial intelligence. Read more

Trimurti Films Moves Bombay High Court Alleging Copyright Infringement Over ‘Saat Samundar Paar’ In New Film

Trimurti Films Pvt Ltd has moved to the Bombay High Court alleging copyright infringement by Dharma Productions, Namah Pictures, Saregama India Ltd, and rapper Badshah over the use of the song Saat Samundar Paar in the upcoming film Tu Meri Main Tera. Read more

Family Law

When Marriage Survives Only On Paper Due To Prolonged Litigation, Better To Separate Parties: Supreme Court

The Supreme Court dissolved a marriage that had effectively broken down after nearly 24 years of separation, observing that prolonged matrimonial litigation only perpetuates a marriage on paper and causes cruelty to both parties. Read more

Delhi High Court Holds One-Year Separation Under Section 13B HMA Not Mandatory For Divorce By Mutual Consent

The Delhi High Court has held that the one-year separation requirement under Section 13B(1) of the Hindu Marriage Act is directory, not mandatory. Read more

Women’s Rights 

Supreme Court Extends 30% Women Reservation to Telangana and Andhra Pradesh Bar Councils

The Supreme Court extended its earlier directions on women’s reservation in State Bar Council elections to the Bar Councils of Telangana and Andhra Pradesh. Read more

Delhi High Court Calls For Safeguards Against Misuse Of Victim Compensation In Sexual Offences

The Delhi High Court has flagged the misuse of victim compensation in sexual offence cases and issued guidelines for the effective implementation of victim compensation mechanisms. Read more

Environmental Law

Supreme Court Takes Suo Motu Cognisance Of Illegal Encroachment On Forest Land In Uttarakhand

The Supreme Court on Monday took suo motu cognisance of large-scale encroachment and unauthorised occupation of forest land in Uttarakhand, following reports of illegal construction in protected forest areas across several hill districts. Read more

Underground Power Lines, Ban on New Wind Turbines to Protect Great Indian Bustard: Supreme Court

The Supreme Court has accepted a set of expert-recommended measures aimed at protecting the critically endangered Great Indian Bustard and the Lesser Florican. Read more

Parliament Passes SHANTI Bill, Overhauls India’s Nuclear Energy and Liability Framework

Parliament has passed the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Bill, 2025, replacing the Atomic Energy Act, 1962, and the Civil Liability for Nuclear Damage Act, 2010. Read more

Supreme Court Modifies Order On Old Vehicles In Delhi-NCR; Enforcement To Continue Against BS-III And Below

The Supreme Court modified its August 12 order concerning action against old vehicles in the Delhi-NCR. Read more

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