Weekly Newsletter | LegalWiki | 13th January - 20th January
Stay updated with the most recent and relevant developments in your practice area of law.
Constitutional Law
Supreme Court Dismisses PIL Seeking One-Year Time Limit for Disposal of All Cases
The Supreme Court dismissed a public interest litigation seeking a mandate that every court in India must decide cases within one year, calling it a “publicity interest litigation.” Read more
RTI Exemption Applies to Judicial Officers’ Service Records: Chhattisgarh High Court
The Chhattisgarh High Court has held that service records of judicial officers, including educational and service certificates, complaints, and details of departmental inquiries, are exempt from disclosure under the Right to Information Act, 2005. Read more
Supreme Court Examines PIL Challenging Reduced NEET-PG Cut-Off, Flags Public Health Concerns
A public interest litigation has been filed before the Supreme Court challenging the National Board of Examinations’ decision to lower the qualifying cut-off percentile for NEET-PG 2025–26. Read more
Medical Care is Fundamental Right Even for Prisoners: Delhi High Court
The Delhi High Court held that the right to medical treatment is a fundamental right available even to prisoners and undertrial accused. Read more
Section 17A PC Act Unconstitutional: Justice BV Nagarathna’s Dissent in Split Verdict
The Supreme Court, in a split verdict, saw Justice BV Nagarathna hold that Section 17A of the Prevention of Corruption Act is unconstitutional. Read more
Supreme Court Calls RTE 25% Quota a Tool for Social Equality and Fraternity
The Supreme Court held that effective implementation of the 25% admission mandate under Section 12 of the RTE Act, 2009 can advance fraternity, equality and social justice through common schooling. Read more
Passing of Detention Order in Delhi Not Enough to Invoke Writ Jurisdiction: Delhi High Court
The Delhi High Court refused to entertain a writ petition challenging a preventive detention order under the PITNDPS Act, holding that although it had territorial jurisdiction, it was not the appropriate forum to hear the matter. Read more
Delhi High Court: PM CARES Fund Has Privacy Protection Under RTI Act, Even if Government-Controlled
The Delhi High Court observed that the PM Cares Fund, even if managed or controlled by the government, retains the right to privacy under the RTI Act. Read more
Supreme Court Issues Notice on Plea Seeking Creamy Layer Exclusion from SC/ST Reservations
The Supreme Court has issued notice in a writ petition by Ashwini Kumar Upadhyay challenging the non-exclusion of the creamy layer from SC/ST reservations. Read more
Right to Pursue Professional Education Cannot be Curtailed Lightly says Delhi High Court
The Delhi High Court held that a student’s right to pursue higher or professional education casts an affirmative obligation upon the State and cannot be curtailed on unjustifiable grounds. Read more
Civil Law
Suit for Mandatory Injunction Not Maintainable When Title is Disputed: Supreme Court
The Supreme Court held that a suit for mandatory injunction simpliciter is not maintainable where there is a serious dispute regarding title, possession, or identity of the property. Read more
Advocate’s Office in Residential House is Professional, Not Commercial Use: MP High Court
The Madhya Pradesh High Court has ruled that an advocate’s office operating from a residential building constitutes a professional activity and not a commercial use. Read more
Minor With Permanent Functional Disability Entitled to Skilled Workman Compensation: Allahabad High Court
The Allahabad High Court held that an unemployed minor who suffers 100% permanent functional disability in a motor accident is entitled to compensation as a skilled workman under the Motor Vehicles Act. Read more
Criminal Law
Pendency of Probate Proceedings does Not Bar FIR Alleging Forgery of Registered Will: Delhi High Court
The Delhi High Court refused to quash an FIR alleging forgery of a registered Will, holding that pending probate proceedings do not bar criminal investigation. Read more
Victim’s Statement Alone is Sufficient to Frame Charges under SC/ST Act: Kerala High Court
The Court held that an accused cannot be discharged merely because other witness statements do not disclose the ingredients of the offence under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act. Read more
Meghalaya Govt Seeks Court’s Clearance to Review White Ink Scam Teacher Cases
The Meghalaya government has sought permission from the Meghalaya High Court to undertake a fresh review of cases involving teachers labelled as “tainted” in the White Ink Scam, which relates to alleged manipulation and corruption in the recruitment of lower primary school teachers during 2008-09. Read more
Lack of Injury Not Ground to Deny Compensation in POCSO Penetrative Assault Cases: Allahabad High Court
The Allahabad High Court held that compensation to a child victim of penetrative sexual assault under the POCSO Act cannot be denied merely because the medical report does not record injury to the private parts. Read more
Guardians Liable if Minors Use Banned Chinese Manjha: MP High Court
The Madhya Pradesh High Court has ruled that guardians will be held legally liable if minors are found to be using banned Chinese nylon thread (manjha). Read more
Supreme Court Declines to Entertain Plea on ‘Jana Nayagan’ Release, Directs Producers to Madras High Court
The Supreme Court of India refused to entertain a plea filed by the producers of Jana Nayagan seeking directions for the film’s release and asked them to pursue relief before the Madras High Court. Read more
Supreme Court Declines to Interfere With Impeachment Proceedings Against Justice Varma
The Supreme Court of India has rejected a plea filed by Allahabad High Court judge Yashwant Varma challenging the Lok Sabha Speaker’s decision to constitute a three-member inquiry committee under the Judges (Inquiry) Act in connection with impeachment proceedings against him. Read more
CLAT Coaching Rivalry: Rajasthan High Court Stays Investigation, Refers Matter to Mediation
The Rajasthan High Court has stayed the investigation arising from a complaint linked to a dispute between two CLAT coaching institutes over claims of association with a top-ranked student. Read more
Madras High Court Refers Bar on Enrolment of Law Graduates With Pending Criminal Cases to Larger Bench
The Madurai Bench of the Madras High Court held that the long-standing judicial direction barring enrolment of law graduates with pending criminal cases requires reconsideration and referred the issue to a Larger Bench. Read more
Victim’s Silence Before Doctor & Magistrate Weakens Prosecution Case: Allahabad High Court
The Allahabad High Court set aside the conviction for kidnapping and rape, holding that the prosecution failed to prove its case beyond reasonable doubt. Read more
Delhi Court Extends NIA Custody of Five Accused in Red Fort Blast Case till January 16
A Delhi court extended the NIA custody of five accused in the Red Fort blast case till January 16, allowing continued custodial interrogation. Read more
Gujarat High Court Dismisses Plea Alleging Insult to Baloch Community in Film Dhurandhar
The Gujarat High Court dismissed a petition challenging allegedly offensive dialogue against the Baloch community in the film Dhurandhar. Read more
Supreme Court to Examine if Abu Salem has Completed 25-Year Jail Term Promised during Extradition
The Supreme Court held that it will examine whether gangster Abu Salem has completed the 25-year imprisonment period assured during his extradition from Portugal. Read more
Arbitration
Supreme Court Seeks Centre’s Response on Plea for Constitution of Arbitration Council of India
The Supreme Court has sought a response from the Union government on a plea seeking the constitution of the Arbitration Council of India (ACI), a statutory body envisaged under Sections 43A and 43B of the Arbitration and Conciliation Act, 1996, inserted by the 2019 amendment. Read more
IPR
Bombay High Court Declares ‘Shaadi.com’ a Well-Known Trademark
The Bombay High Court held that ‘Shaadi.com’ qualifies as a well-known trademark under the Trade Marks Act, 1999, due to its exceptional reputation, goodwill, and long-standing use in matrimonial services. Read more
Delhi High Court Modifies Injunction on Zydus’ Anti-Cancer Biosimilar, Cites Public Interest
The Delhi High Court modified an interim injunction restraining Zydus Lifesciences from launching its anti-cancer biosimilar ZRC 3276, taking note of public interest and the impending expiry of the patent held by ER Squibb. Read more
Delhi High Court Refuses Patent for Worm-Based Cancer Detection Method
The Court held that the cancer detection method claimed by the Japanese firm is barred under Section 3(i) of the Patents Act, 1970. Read more
Family Law
Supreme Court Considers Plea Seeking Divorce Settlement Records in Sunjay Kapur–Karisma Kapoor Case
The Supreme Court has considered an application filed by Priya Kapur, the wife of late industrialist Sunjay Kapur, seeking certified copies of the 2016 divorce settlement and custody arrangements between Sunjay Kapur and Karisma Kapoor. Read more
Diet, Clothing and TV Disputes Don’t Amount to Cruelty Under Section 498A: Karnataka High Court
The Karnataka High Court quashed an FIR under Section 498A IPC and the Dowry Prohibition Act, holding that ordinary marital disagreements cannot be criminalised as cruelty. Read more
Widowed Hindu Daughter-In-Law Entitled to Maintenance from Father-In-Law’s Estate: Supreme Court
The Supreme Court held that a Hindu daughter-in-law, who becomes a widow after the death of her father-in-law, is entitled to claim maintenance from his estate. Read more
Women’s Rights
Maintenance Claim Against Husband’s Property Not Limited by HAMA: Kerala High Court
The Kerala High Court has held that a Hindu wife is entitled to seek maintenance from her husband’s immovable property even dehors the Hindu Adoptions and Maintenance Act, 1956. Read more
Widowed Hindu Daughter-In-Law Entitled to Maintenance from Father-In-Law’s Estate: Supreme Court
The Supreme Court held that a Hindu daughter-in-law, who becomes a widow after the death of her father-in-law, is entitled to claim maintenance from his estate. Read more
Sharing Wife’s Pre-Marriage Photos with Family is Mental Cruelty: Jharkhand High Court
The Jharkhand High Court granted divorce to a woman, holding that humiliating a wife over pre-marriage photographs amounts to mental cruelty. Read more
Lawful Abortion Cannot be Criminalised, Foetus’ Rights Not Above Woman’s: Delhi High Court
Delhi High Court held that forcing a woman to continue with an unwanted pregnancy violates her bodily autonomy and personal liberty under Article 21. Read more
Environmental Law
Global Ocean Biodiversity Treaty Comes into Force, Strengthening Protection of High Seas
The United Nations’ Biodiversity Beyond National Jurisdiction (BBNJ) Agreement has come into force, marking a significant step toward the protection and sustainable use of marine biodiversity in areas beyond national jurisdiction, including the high seas and the international seabed. Read more
Delhi High Court Declines PIL Against Auto Festival Over Pollution Fears
The Delhi High Court refused to entertain a PIL seeking cancellation of the “Burnout City India” auto festival on the ground that it would worsen air pollution. Read more
Supreme Court Flags Accountability in Stray Dog Attacks, Warns States on Compensation
The Supreme Court warned that states may face compensation for deaths or injuries caused by stray dog bites, particularly to children and the elderly, due to inaction. Read more
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