Weekly Newsletter | LegalWiki | 21st January - 27th January
Stay updated with the most recent and relevant developments in your practice area of law
Constitutional Law
Staff Crunch in Government Schools: MP High Court Seeks Vacancy Details From State
The Madhya Pradesh High Court directed the State Government to file an affidavit placing on record the number of vacant teaching posts in government schools. Read more
Right to Appear in Exams is Part of Right to Dignity under Article 21: Allahabad High Court
The Allahabad High Court held that a student’s right to appear in examinations forms part of the right to live with dignity under Article 21 of the Constitution. Read more
Right to Dignity Does Not End With Arrest, Rajasthan HC Orders Police to Remove Photos of Arrestees
The Rajasthan High Court pulled up the Jaisalmer police for publicly shaming arrested persons by photographing them in degrading conditions and circulating the images on social media and in newspapers. Read more
Bar Associations are Not ‘State’ Under Article 12: Delhi High Court
The Delhi High Court has held that a bar association is a private body and does not qualify as “State” or an instrumentality of the State under Article 12 of the Constitution. Read more
Kolhapur Circuit Bench has Improved Access to Justice in Western Maharashtra
The Court has held that the establishment of the Kolhapur circuit bench has significantly improved access to justice for litigants from six districts of western Maharashtra. Read more
Civil Law
Central Govt: Indigo Faces ₹22 Crore Penalty and Senior VP Exit After December Flight Chaos
After Indigo cancelled a large number of flights in December, the Central government told the Delhi High Court that a ₹22 crore penalty had been imposed on the airline and that its senior vice president had been directed to step down from duty. Read more
Bombay High Court Grants Kumar Sanu Interim Gag Order in ₹50 Crore Defamation Suit against Ex-Wife
The Bombay High Court granted interim relief to singer Kumar Sanu in a ₹50 crore defamation suit filed against his former wife Rita Bhattacharya, restraining her and certain media platforms from publishing or circulating allegedly defamatory content about him or his family. Read more
Bombay High Court Slams Practice of Blaming Advocates for Delays Without Action
The Bombay High Court has deprecated the growing tendency of litigants blaming their advocates for procedural delays without initiating any action against them or impleading them as parties. Read more
Criminal Law
Punjab & Haryana High Court Takes Suo Motu Cognisance of Thefts Targeting Lawyers
The Punjab and Haryana High Court initiated a suo motu case following representations by the High Court Bar Association over rising incidents of theft targeting advocates. Read more
Punjab & Haryana HC Declines Bail in POCSO Case, Says Law Must Act as ‘Unwavering Shield’ for Children
The Punjab and Haryana High Court has refused bail to an accused in a Protection of Children from Sexual Offences (POCSO) case, emphasising that the law must act as an “unwavering shield” for vulnerable children. Read more
Telangana High Court Sets Aside Death Sentence of Woman After Accepting Insanity Plea in Infant Murder Case
The Telangana High Court has overturned the death sentence awarded to a 35-year-old woman convicted of murdering her seven-month-old daughter in 2021 after accepting her plea of insanity. Read more
Uttarakhand High Court Directs Police to Assess Death Threats to Haridwar Woman from Husband and In-Laws
The Uttarakhand High Court has directed the police to promptly assess and act on alleged death threats to a Haridwar woman from her husband and in-laws. Read more
Karnataka High Court Grants Bail in Mangaluru Cricket Match Lynching Case
The Karnataka High Court granted bail to Natesh Kumar, an accused in the murder of a daily wage labourer who was allegedly assaulted after raising “Pakistan Zindabad” slogans during a local cricket match in Mangaluru. Read more
Centre Examining Whether Hanging Should be Replaced as Mode of Death Penalty: Supreme Court Told
The Central government told the Supreme Court that it is examining at the highest level whether execution of the death penalty should continue through hanging or be replaced by a more painless method. Read more
Complaint Moved Before Kerala High Court Seeking Contempt Action Against Sessions Judge Over Alleged Remarks
The lawyer representing the survivor in the 2017 Kerala actress assault case has submitted a complaint before the Kerala High Court seeking contempt action against the Ernakulam Principal Sessions Court judge for allegedly making derogatory remarks in open court. Read more
State must Activate Enforcement Machinery Against Chinese Manjha During Kite Season: Allahabad High Court
The Allahabad High Court has observed that the Uttar Pradesh government is duty-bound to strictly enforce the ban on the manufacture, sale and use of Chinese manjha, particularly during the peak kite-flying season, to prevent danger to human life and birds. Read more
Jharkhand High Court Orders Guidelines to Tackle Child Trafficking by ‘Outsiders’
The Jharkhand High Court held that rising incidents of child trafficking in the State require immediate systemic intervention by the authorities. Read more
Law Cannot be Used to Criminalise Failed Consensual Relationships: Delhi High Court
The Delhi High Court quashed a rape and SC/ST Act case against a Delhi-based academic, holding that criminal law cannot be invoked merely because a consensual relationship between adults has failed. Read more
Karnataka High Court Quashes Rape FIR Against Advocate, Calls Complaint Manipulative and Abuse of Process
The Karnataka High Court quashed an FIR for rape registered against an advocate, holding that the complaint bore a strong imprint of manipulation. Read more
Delhi High Court Includes Complainant, Victim Within Meaning of ‘Parties’ in Criminal Cases
The Delhi High Court has amended its Rules to clarify that, in criminal proceedings, the term “parties” will include the complainant and/or the victim. Read more
Accused Need Not Appear at Every Appeal Hearing After Sentence Suspension: Supreme Court
The Supreme Court of India held that requiring an accused to remain personally present at every hearing of an appeal, after suspension of sentence, is unwarranted and serves no purpose. Read more
Bombay High Court Rejects POCSO Convict’s Appeal, Warns Against Ignoring Survivors’ Rights
The Bombay High Court held that criminal courts must not over-prioritise the rights of the accused while overlooking the rights of victims, and affirmed a life sentence imposed in a POCSO case. Read more
Failure to Put Crucial DNA Evidence Vitiates Trial: P&H High Court Sets Aside Death Penalty
The Punjab and Haryana High Court set aside the conviction and death penalty awarded in a rape and murder case, holding that the trial was vitiated due to serious procedural lapses. Read more
Supreme Court Examines Delay in Sanction Against Kunwar Shah for Remarks on Army Officer
The Supreme Court of India has questioned the Madhya Pradesh government for failing to decide on granting sanction to prosecute State minister Kunwar Vijay Shah over his objectionable remarks concerning Colonel Sofiya Qureshi. 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
Arbitration
Bias of Even One Arbitrator Vitiates Award, Co-Arbitrators’ Neutrality No Cure: Madras High Court
The Madras High Court held that bias on the part of even a single arbitrator is sufficient to vitiate an arbitral award, and the presumed neutrality of co-arbitrators cannot cure such a defect. Read more
IPR
Chinese AI Voice Platform Moves Delhi High Court Against Salman Khan’s Personality Rights Injunction
The Delhi High Court has issued notice to Salman Khan on a plea filed by a China-based AI voice platform seeking to vacate the interim injunction granting him personality rights. Read more
Delhi High Court Extends Personality Rights Protection to Senior Advocate Vikas Pahwa
The Delhi High Court held that senior advocate Vikas Pahwa is entitled to protection of his personality and publicity rights, marking a first for India’s legal profession. Read more
English Alphabets Cannot be Monopolised under Trademark Law: Delhi High Court
The Delhi High Court has held that English alphabets cannot be claimed exclusively under trademark law and declined interim protection to the mark “A TO Z” used by a pharmaceutical company. Read more
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
Family Law
Wife’s Right as Class-I Heir Prevails Over Nomination: Orissa High Court
Reaffirming the primacy of succession laws, the Orissa High Court has held that a wife, being a Class-I heir under Section 8 of the Hindu Succession Act, has the first right over her deceased husband’s estate, overriding any banking or insurance nomination in favour of other family members. Read more
Father Living with Second Wife Without Divorce Not Entitled to Child Custody: Chhattisgarh High Court
The Chhattisgarh High Court has held that a father cohabiting with a second woman without obtaining a divorce from his first wife is not entitled to custody of his child. Read more
‘Warring Couples Can’t Make Courts Their Battlefield’: Supreme Court Urges Mediation in Matrimonial Disputes
The Supreme Court expressed concern over the sharp rise in matrimonial litigation and urged parties to make sincere efforts at reconciliation before initiating civil or criminal proceedings. Read more
Women’s Rights
Uttarakhand High Court Directs Police to Assess Death Threats to Haridwar Woman from Husband and In-Laws
The Uttarakhand High Court has directed the police to promptly assess and act on alleged death threats to a Haridwar woman from her husband and in-laws. Read more
Environmental Law
Allahabad High Court Quashes Summons Against L&T Directors in Air Pollution Case
The Allahabad High Court quashed summons issued against Larsen & Toubro and its directors under the Air (Prevention and Control of Pollution) Act, 1981, holding that the Magistrate failed to properly apply his mind. Read more
Aravalli Definition Row: Supreme Court to Form Expert Committee Under Its Supervision
The Supreme Court on Wednesday proposed constituting an expert committee to examine issues relating to the definition of the Aravalli hills and environmental concerns arising from mining activities. Read more
Electricity (Amendment) Bill Expected in Budget Session to Reform Power Sector
The Ministry of Power has indicated that the Electricity (Amendment) Bill, 2025, is likely to be introduced in the upcoming Budget session of Parliament. Read more
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
Calcutta High Court Takes Suo Motu Cognisance of Worsening Air Quality in Kolkata
The Calcutta High Court has taken suo motu cognisance of the deteriorating air quality in Kolkata, initiating a PIL over AQI levels recorded in the “very poor” to “hazardous” range. Read more
Read more details at legalwiki.co!
Join our WhatsApp group for more updates!
