Weekly Newsletter | LegalWiki | 30th December - 4th January

Weekly Newsletter | LegalWiki | 30th December - 4th January

Stay updated with the most recent and relevant developments in your practice area of law.

Constitutional Law

Right To Speedy Trial Extends To Appeals: J&K–Ladakh High Court Closes 46-Year-Old Criminal Case

The Jammu & Kashmir and Ladakh High Court has closed a 46-year-old criminal case, holding that the constitutional right to a speedy trial extends even to appellate proceedings. Read more

Right to Life Prevails: Himachal Pradesh High Court Orders Closure of Kangra Poultry Farm

The Himachal Pradesh High Court ordered the immediate closure of a poultry farm in Kangra, holding that the right to livelihood cannot prevail over the right to life and a clean, hygienic environment of nearby residents. Read more

Brevity of Reasons in Sanction Refusal Not Ground for Writ: Delhi High Court

The Delhi High Court dismissed a writ petition challenging the refusal of a prosecution sanction under Section 197 CrPC against police officials, in relation to an FIR lodged alleging harassment and false implication of the petitioner’s family. Read more

Consideration for Promotion Is a Fundamental Right & Not Promotion: P&H High Court

The Punjab and Haryana High Court has held that promotion is neither a vested nor a fundamental right, and that only the right to be considered for promotion is protected under law. Read more

Right To Privacy Not Absolute; Voice Samples Can Be Compelled For Probe: Delhi High Court

The Delhi High Court has ruled that the right to privacy, though fundamental, is not absolute and can yield to legitimate State interests during a criminal investigation. Read more

Justice After 18 Years: Bombay High Court Upholds Rights of HIV+ Worker

The Bombay High Court held that denying permanency to a hospital sweeper solely due to his HIV-positive status was arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution. Read more

Art 21 Cannot Override Public Order in Riot Cases: Karnataka High Court Denies Bail in Bengaluru Riots Matter

The Karnataka High Court refused bail to an accused in the 2020 Bengaluru riots case, holding that the right to life and personal liberty under Article 21 cannot be examined in isolation from the discharge of fundamental duties. Read more

Civil Law 

Delhi High Court Refuses Ex-Parte Injunction In Defamation Suit Over Tirupati Laddu Adulteration Reporting

The Delhi High Court refused interim relief to YSRCP leader Y. V. Subba Reddy in his defamation suit against media reports on the Tirupati laddu adulteration case. Read more

Allahabad High Court Issues Guidelines on Faulty Caveat Notice Procedure in Board of Revenue U.P.

The Allahabad High Court held that the caveat notice procedure in the Board of Revenue, U.P., was faulty, noting that service endorsements were not secured and hearing gaps for outstation counsel were insufficient. Read more

Criminal Law

Delhi High Court to Hear Lalu Prasad Yadav’s Challenge in IRCTC Corruption Case

Former Bihar Chief Minister Lalu Prasad Yadav approached the Delhi High Court to contest a trial court order framing charges in the alleged IRCTC scam. Read more

Bengaluru Court Grants Bail To Congress MLA K.C. Veerendra In Online Betting Case

A Bengaluru special court granted bail to Congress MLA K.C. Veerendra, arrested by the Enforcement Directorate in an alleged online betting and money laundering case. Read more

Kerala Court Convicts MLA Antony Raju In Decades-Old Evidence Tampering Case Linked To Drug Smuggling Trial

A Kerala court has convicted sitting MLA and former Transport Minister Antony Raju in a long-pending case relating to tampering with evidence in a drug smuggling prosecution. Read more

MeitY Sends Compliance Notice to X Corp Over Grok AI Content Misuse

The Ministry of Electronics and Information Technology (MeitY) sent a compliance notice to X Corp after observing the misuse of AI-based services like Grok and xAI services to host, generate, publish, transmit, share, or upload obscene, nude, indecent, or explicit content, including obscene images or videos of women through synthetic outputs and prompts. Read more

Delhi High Court Questions Police Habit of Using “Haath Mara” in Assault FIRs

The Delhi High Court disapproved the police practice of writing “haath mara” in almost every assault FIR, even when the complainant never used or approved the phrase. Read more

3 Aadhaar IDs Used to Withdraw Ration for 697 Cardholders: Allahabad High Court Upholds Licence Cancellation

The Allahabad High Court has dismissed a writ petition challenging the cancellation of a fair price shop licence after records revealed that only three Aadhaar cards were used to withdraw ration meant for 697 cardholders. Read more

J&K HC Acquits Four in a Fatal Free-Fight, Holds That Common Intent Must Be Individually Proven

The Jammu & Kashmir High Court allowed a Criminal Appeal, setting aside the conviction and sentence of four accused from a fatal free-fight between rival village groups that began from a land dispute and escalated into mutual stone-pelting. Read more

Kerala High Court Holds Police Stations Covered Under ‘House Trespass’ u/s 442 IPC

The Kerala High Court held that police stations qualify as “house” under Section 442 of the Indian Penal Code because they are used for the custody of official records, arms, ammunition, and other property. Read more

Chennai CBI Court Convicts Company, Four Directors In ₹5.75 Crore Andhra Bank Fraud Case

A Special CBI Court in Chennai has convicted M/s D.N. International Ltd. and its four directors in a ₹5.75 crore bank fraud case linked to Andhra Bank’s Mowbrays Road Branch during 1999–2000. Read more

WinZo Co-Founders Face Split Bail Outcome in ED’s PMLA Probe

Bengaluru Sessions Court Grants Bail to WinZo Co-Founder Saumya Rathore, Denies Bail to Paavan Nanda in ED PMLA Case Read more

Delhi Court Acquits Three In 2020 Delhi Riots Case, Criticises Police For Faulty Probe

A Delhi court has acquitted three men accused in the 2020 North-East Delhi riots case relating to arson and vandalism at Jannati Masjid, Gokalpuri. Read more

Kerala High Court Grants Bail to Assistant Director Accused of Sexual Harassment

The Kerala High Court has granted bail to an assistant director accused of sexually harassing an aspiring actress inside the office of a film production company in Kochi. Read more

“Constable Is Public Servant, But Not MLA?”: Supreme Court Questions Kuldeep Sengar’s Plea on Aggravated POCSO

The Supreme Court questioned former UP MLA Kuldeep Singh Sengar’s plea challenging the aggravated charge under the POCSO Act in the Unnao rape case. Read more

Supreme Court Stays Delhi HC Order Granting Bail to Kuldeep Sengar in Unnao Rape Case

The Supreme Court stayed the Delhi High Court order that had granted bail and suspended the life sentence of former Uttar Pradesh MLA Kuldeep Singh Sengar in the Unnao rape case. Read more

Supreme Court Quashes Rape Conviction After Parties Marry During Appeal

The Supreme Court quashed the rape conviction of a man accused of sexual exploitation on a false promise of marriage after noting that the parties married each other during the pendency of the appeal. Read more

Delhi High Court Grants Bail to Influencer Sandeepa Virk in ₹6 Crore Money Laundering Case

The Delhi High Court has granted regular bail to social media influencer Sandeepa Virk in a money laundering case linked to alleged cheating of nearly ₹6 crore on the pretext of offering a film role. Read more

Arbitration

Delhi High Court Reaffirms: Arbitrator Cannot Rewrite Repayment Framework Agreed by Parties

The Delhi High Court set aside an arbitral award, holding that an arbitrator cannot alter contractual terms by linking repayment obligations to commercial success when the agreement provides otherwise. Read more

IPR

Bombay High Court Bars Restaurant Chains From Playing PPL Music Without Licence

The Bombay High Court, in an interim order, restrained restaurant operators running nearly 94 outlets from publicly playing music from Phonographic Performance Limited’s (PPL) repertoire without a valid licence. Read more

Madras High Court Refuses To Halt Release Of Sivakarthikeyan’s Parasakthi In Copyright Dispute

The Madras High Court refused to stop the release of the Sivakarthikeyan-starrer Parasakthi, rejecting an application to restrain its exhibition in theatres and on OTT, in a copyright suit alleging the movie’s script was stolen. Read more

Delhi High Court Grants Dynamic+ Injunction Against Piracy Sites Streaming Warner Bros, Netflix Content

The Delhi High Court granted an ex parte ad interim Dynamic+ injunction restraining several piracy websites from hosting or streaming copyrighted films and television shows owned by Warner Bros. Entertainment Inc. and other global platforms, including Netflix, Disney, Apple, and Crunchyroll. Read more

Delhi High Court Extends Personality Rights Cover to NTR Junior, Orders Takedown of Unauthorised Merch

The Delhi High Court has issued a John Doe injunction protecting actor Nandamuri Taraka Rama Rao Jr.’s personality rights, restraining unauthorised commercial use of his name, image, voice, and likeness, including through merchandise, AI-generated content, and GIF formats. Read more

Delhi High Court Disposes Meta’s Execution Plea, Notes Compliance in “FACEBAKE/FACECAKE” Trademark Case

The Delhi High Court disposed of Meta Platforms Inc.’s execution petition after recording that bakery outlets previously operating under FACEBAKE and FACECAKE removed signboards and completed rebranding as BUNCAKE. Read more

Family Law

Custody Decisions Must Prioritise Child’s Best Interests, Not Gender Of Parent: Kerala High Court

The Kerala High Court held that decisions in child custody disputes must be guided solely by the best interests of the child and not by the gender of either parent. Read more

Women’s Rights 

Karnataka High Court Allows 26-Week Pregnancy Termination for Minor Rape Survivor

The Karnataka High Court permitted the medical termination of a 26-week pregnancy of a minor rape survivor, holding that forcing her to continue with an unwanted pregnancy would violate her right to life and dignity. Read more

Bombay High Court Directs MALSA to Explore Part-Time Role for Rape Survivor

The Bombay High Court directed Maharashtra State Legal Services Authority (MALSA) to explore engaging a rape survivor in a part-time role in legal services programmes Read more

Jammu & Kashmir High Court Directs Police Protection for Woman Fearing Forcible Marriage

The Jammu & Kashmir and Ladakh High Court directed the police to ensure protection for a woman who expressed apprehension of harm due to an alleged attempt to forcibly marry her. Read more

Gauhati High Court Upholds ART Age Limit Under Section 21(g) Citing Mother–Child Welfare

The Gauhati High Court upheld Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021, confirming the policy-based upper age limit for couples seeking ART services. Read more

Environmental Law

Delhi High Court Orders Fencing Of Yamuna Floodplain Graveyard & Bans Residential Use

The Delhi High Court has directed authorities to fence a graveyard on the Yamuna floodplains and restrain any new construction meant for people to stay or live in the area. Read more

NGT Reserves Order in Suo Motu Case on Decline of Native Fish Species in Yamuna

The National Green Tribunal has reserved its order in a suo motu matter concerning the sharp decline of indigenous fish species and the growing presence of invasive foreign fish in the Yamuna River. Read more

Supreme Court Stays Ruling on New Aravalli Hills Definition Flagging Environmental Concerns

The Supreme Court has stayed its recent decision approving new definitions of the Aravalli Hills, noting that further clarification is needed due to possible environmental consequences. Read more

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