Weekly Newsletter | LegalWiki | 5th January - 12th January
Stay updated with the most recent and relevant developments in your practice area of law.
Constitutional Law
PIL in Orissa HC Challenges Toll Collection on NH-49 Over Unsafe Dwarsuni Ghat Stretch
The Orissa High Court has received a PIL by Advocate Akash Sharma seeking suspension of toll collection at the Jharpokharia Toll Plaza on NH-49, citing the dangerously incomplete Dwarsuni Ghat stretch. Read more
Delhi High Court Seeks Govt Response on PIL Flagging Speeding E-Rickshaws
The Delhi High Court has issued notice to the Delhi Government and other authorities on a PIL raising concerns over unsafe and unregulated e-rickshaw operations in the city. Read more
Kerala High Court: Denial of Emergency Leave for Brother’s Son’s Marriage is Discriminatory
The Kerala High Court held that denying emergency leave to a convict to attend the marriage of his brother’s son is discriminatory and violates Articles 14 and 15 of the Constitution. Read more
Refusal To Restore Advocate’s Sanad Violates Right To Practise Profession: Karnataka High Court
The Karnataka High Court has held that refusal to restore an advocate’s registration amounts to an unconstitutional restriction on the fundamental right to practise a profession under Article 19(1)(g). Read more
Article 21 Covers Right To Clean Drinking Water: Madhya Pradesh High Court
The Madhya Pradesh High Court held that the right to life under Article 21 of the Constitution includes the right to clean drinking water while hearing a PIL over a severe public health emergency in Indore’s Bhagirathpura area caused by contaminated water supply. Read more
Legal Aid Must Match Quality Of Paid Representation, Not Be Token Exercise: Justice A.S. Chandurkar
Justice A. S. Chandurkar has emphasised that free legal services for economically weaker litigants must maintain the same level of competence and diligence as legal representation available to those who can afford it, cautioning that legal aid should not translate into inferior legal assistance. 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
Civil Law
HC Can’t Reappreciate Evidence in Revision Under Section 29(2) of Bombay Rent Act: Gujarat High Court
The Gujarat High Court held that its revisional jurisdiction under Section 29(2) of the Bombay Rent Act is strictly supervisory and does not permit reappreciation of evidence or substitution of findings. Read more
Delhi Assembly Approves 100% Court Fee Refund for Out-of-Court Settlements
The Delhi Assembly amended the Court Fees Act, 1870, to enable a 100% refund of court fees for out-of-court settlements. Read more
Revenue Entries Do Not Confer Title & No Legal Right Arises from Mere Name In Records: HP High Court
The Himachal Pradesh High Court reiterated that the mere presence of a person’s name in revenue records does not confer ownership or create any enforceable legal right over immovable property. Read more
Criminal Law
Karnataka HC Denies Bail to Man Accused of Using Fake Aadhaar to Obtain Passport and Travel to Bangladesh
The Karnataka High Court refused to grant bail to a man accused of human trafficking and illegal immigration, noting that he allegedly obtained an Indian passport using a fake Aadhaar card and travelled to Bangladesh five times. Read more
Supreme Court asks Women Dog Feeders Alleging Harassment to Lodge FIRs & Approach High Courts
While hearing the stray dogs matter, the Supreme Court clarified that allegations of harassment, assault, or use of derogatory language against women dog feeders constitute criminal offences and must be addressed through FIRs and appropriate legal remedies, not at the apex court level. Read more
Kerala High Court Absolves Actor Mohanlal in Manappuram Finance False Advertisement Case
The Kerala High Court quashed criminal proceedings against actor Mohanlal in a case alleging false advertisement by Manappuram Finance Ltd. Read more
ED Moves Calcutta HC Seeking CBI Probe Against Mamata Banerjee Over Alleged Obstruction Of PMLA Searches
The Enforcement Directorate has approached the Calcutta High Court seeking a CBI probe against West Bengal Chief Minister Mamata Banerjee, alleging obstruction of a lawful money-laundering investigation during ED searches at the premises of political consultancy firm I-PAC. Read more
Delhi Court Charges against Lalu Prasad Yadav & 45 others in Rail Job Land Swap Case
The Delhi court framed charges against RJD President Lalu Prasad Yadav, his wife Rabri Devi, and his children Tejashwi Yadav, Tej Pratap Yadav, Misa Bharti, along with 46 others, in the alleged Railways land-for-jobs scam. Read more
Long Trial Stays in Heinous Crimes Mock Justice: Supreme Court Asks HCs to Prioritise Pending Petitions
Supreme Court directed High Courts to prioritise disposal of petitions that keep trials in heinous offences pending for years, stating that long trial stays through interim orders mock justice. Read more
Supreme Court Grants Anticipatory Bail to London-Based NRI Accused of Rape by Former Divorce Lawyer
The Supreme Court granted anticipatory bail to a London-based NRI accused of rape by his former divorce lawyer. Read more
No Fresh Notification Needed to Treat Vijayawada ACB as Police Station After State Bifurcation: Supreme Court
The Supreme Court held that a fresh notification was not required to recognise the Vijayawada Anti-Corruption Bureau (ACB) as a police station after the bifurcation of Andhra Pradesh. Read more
Delhi High Court Flags 5-Month Judgment Delay in Case Where Accused is in Jail for 5 Years
The Delhi High Court criticised a trial judge for delaying the pronouncement of judgment for nearly five months after reserving it in a criminal trial under the Maharashtra Control of Organised Crime Act. Read more
Kerala High Court Says Juvenile Justice Act Not Sole Method to Determine Age of POCSO Victim
The Kerala High Court upheld the conviction of an accused under the POCSO Act and IPC, holding that the Juvenile Justice Act is not the only method to determine the age of a POCSO victim. Read more
Unnao Rape Case: Delhi Court Allows Forensic Test Of Survivor’s Voice Sample
A Delhi court has permitted forensic examination of the survivor’s voice sample in the Unnao rape case on an application filed by the accused. Read more
Judge Can’t Be Presumed Biased Due To Litigant’s Relative Being Police or Court Staff: Supreme Court
The Supreme Court set aside a Telangana High Court order transferring a criminal case on alleged bias, holding that a judge cannot be presumed biased merely because a litigant’s relative is a police constable or court staff. Read more
Bail is Rule for Juveniles Even if Tried as Adults: Rajasthan High Court
The Rajasthan High Court held that bail is the norm for juveniles under Section 12 of the Juvenile Justice Act, 2015, even when they are tried as adults for heinous offences. Read more
United Nations Says U.S. Military Operation in Venezuela Undermines International Law
The United Nations has criticised the recent U.S. military operation in Venezuela, warning it undermines fundamental principles of international law by using force against another state’s territorial integrity and political independence. Read more
Only State Can Appeal Against Acquittal in Police-Report Cases: Delhi High Court
The Delhi High Court held that in criminal cases arising from a police report, the right to appeal against an acquittal lies exclusively with the State under Section 378 of the CrPC. Read more
Expressing Desire For India–Pakistan Peace is Not Sedition: Himachal Pradesh High Court
The Himachal Pradesh High Court held that expressing a desire to end hostilities between India and Pakistan does not amount to sedition. Read more
Supreme Court Imposes 11 Stringent Bail Conditions On 5 Accused In Delhi Riots Case
The Supreme Court has granted bail to five accused, Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Salim Khan, and Shadab Ahmad, in the February 2020 Delhi riots “larger conspiracy” case, while denying bail to Umar Khalid and Sharjeel Imam. Read more
Arbitration
Bombay High Court Clears Enforcement of IMAX’s Foreign Arbitral Awards Against E-City
The Bombay High Court ruled in favour of IMAX Corporation, clearing the way for the enforcement of foreign arbitral awards against E-City Entertainment. Read more
Kerala High Court Constitutes Committee to Fix Infrastructure Gaps in Mediation Centres
The Kerala High Court has constituted a Mediation Infrastructure Committee to address severe infrastructural deficiencies in mediation centres across the State. Read more
Arbitration Commences With Notice, Not Section 11 Petition: Supreme Court
The Supreme Court has clarified that arbitral proceedings commence when a notice invoking arbitration is received by the opposite party under Section 21 of the Arbitration and Conciliation Act, not when a Section 11 petition for appointment of an arbitrator is filed. Read more
IPR
Madras High Court Grants Interim Protection to Kamal Haasan’s Personality Rights
The Madras High Court granted interim relief to Kamal Haasan, restraining unidentified individuals and online platforms from creating, sharing, or commercially exploiting morphed and AI-generated images based on his likeness. Read more
Delhi High Court Denies Trademark Protection Over Generic Word ‘Tiger’
The Delhi High Court has ruled that the words “TIGER” and “BRAND” are generic and incapable of exclusive trademark ownership. Read more
Madras HC Says Personality Rights Can’t Be Used to Gag Social Media Posts Without Commercial Exploitation
The Madras High Court dismissed interim applications filed by celebrity chef T Rangaraj seeking to restrain costume designer Joy Crizildaa and others from publishing social media posts and interviews about their relationship. Read more
US Copyright Fair Use Dispute on Generative AI Reaches Crucial Year
A wave of copyright lawsuits against generative AI companies is set to see major US court rulings in 2026. Read more
Family Law
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
Relatives’ Refusal to Address Husband’s Affair or Advice to ‘Tolerate’ Beating Not Cruelty: Bombay High Court
The Bombay High Court held that a father-in-law refusing to hear a wife’s complaint about her husband’s extra-marital affair, and a brother-in-law telling her to “tolerate” the husband’s beating, does not by itself amount to cruelty under Section 498A IPC. Read more
Women’s Rights
Forced Unnatural Sex by Husband Amounts to Cruelty, Not Rape: MP High Court
The Madhya Pradesh High Court held that forced unnatural sex by a husband amounts to cruelty under Section 498A IPC, but cannot be prosecuted as rape due to the marital exception under Section 375 IPC. Read more
POSH Committee Functional in Chhattisgarh High Court Amid Supreme Court Scrutiny
The Chhattisgarh High Court informed that its Internal Complaints Committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is functional, amid scrutiny by the Supreme Court on implementation of workplace sexual harassment redressal mechanisms. Read more
Divorced daughters can get family pension if divorce case started before parent’s death: Calcutta HC
The Calcutta High Court has held that a divorced daughter can claim family pension if she was financially dependent on the pensioner and divorce proceedings had commenced during the pensioner’s lifetime. Read more
Delhi High Court Grants Wife Guardianship of Husband in Vegitative State
The Delhi High Court held that the wife should be appointed as the legal guardian of her husband, who remains in a vegetative and comatose state after a brain haemorrhage. Read more
Environmental Law
Delhi High Court Orders Immediate Fix for Shaheen Bagh Sewer Leakage
The Delhi High Court directed the Delhi Jal Board to stop open sewer leakage at Shaheen Bagh immediately. Read more
Madras High Court Caps Marina Beach Shops At 300, Orders Allotment By Draw Of Lots Under Judicial Supervision
The Madras High Court has directed the Greater Chennai Corporation (GCC) to restrict the number of shops at Marina Beach to 300, to be evenly distributed across three categories- eatables, toys, and fancy goods/souvenirs Read more
Supreme Court Pulls up CAQM For Lax Approach To Delhi-NCR Air Pollution, Seeks Expert-Backed Action Plan
The Supreme Court criticised the Commission for Air Quality Management (CAQM) for its lack of seriousness in tackling persistent air pollution in Delhi-NCR. Read more
NGT notices UP authorities over new constructions between Taj Mahal and Agra Fort
The National Green Tribunal held that authorities must file replies to allegations raised in the Agra ecological zone matter. Read more
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