High Court Weekly Roundup for August 2025| SCC Times

This week’s roundup delves int all the important cases from across India, such as DHFL promoter Kapil Wadhawan’s fraud, govt. school children being fed dog-licked food, NEET (UG) 2025, Dream Girl 2’s copyright case, defiling Mahatma Gandhi’s statue, Pink City’s deplorable roads, and more.

ABETMENT TO SUICIDE

CALCUTTA HIGH COURT | Vague allegations of workplace harassment by merely using words “harassed” or “abused” insufficient to constitute offence under Section 509 IPC

The petitioner approached the Court seeking quashing of criminal proceedings arising from an FIR lodged over alleged workplace harassment, which had resulted in a chargesheet under Section 509 of the Penal Code, 1860 (‘IPC’). The allegations pertained to incidents between 2016-2017, reported over a year after the complainant’s resignation. A Single Judge Bench of Ajoy Kumar Mukherjee, J., while allowing the petition, held that only using the words “harassed” or “abused”, did not demonstrate the requisite intention or knowledge which could lead to the conclusion that any alleged act of the petitioner constituted an insult to the complainant’s modesty. The Court emphasised that mere harassment at workplace or abusing her at workplace might not constitute an offence under Section 509 IPC, unless essential ingredients were fulfilled. Read more HERE

ACQUITTAL

GUJARAT HIGH COURT | ‘Conviction not based on corroborative evidence’: Three accused acquitted in 2002 post Godhra riots case

In the present case, a criminal appeal by appellant/accused was filed against the judgment of conviction and order of sentence by Fast Track Court (‘Trial Court’) where the trial was conducted against nine accused persons in which four of them were convicted under Sections 143, 147, and 436 read with 148 of the Penal Code, 1860 (‘IPC’) and rest five were acquitted. A Single Judge Bench of Gita Gopi, J., stated that the Trial Court erred in the appreciation of the evidence and conviction was not based on reliable and corroborative evidence. The identification of the accused persons had not been proved during the trial and whether they were members of the unlawful assembly, was also not proved. Thus, considering all the material on record, the Court set aside the judgment of conviction and accordingly, acquitted the three accused persons in 2002 post Godhra riots case. Read more HERE

RAJASTHAN HIGH COURT | ‘Unverified school certificate cannot be made a basis for determining victim’s age’; Acquittal upheld in kidnapping case

In a criminal revision petition filed by the complainant challenging the Trial Court’s order of acquittal of the accused in alleged abduction and rape, a Single-Judge Bench of Farjand Ali, J., dismissed the petition held that unverified school certificate cannot be made basis to determine the age of the victim. The Court further held victim’s statements did not inspire confidence to hold the accused guilty for an offence of rape. Read more HERE

ARBITRATION

BOMBAY HIGH COURT | Petition seeking substitution of Arbitrator over independence and impartiality dismissed; highlighted Arbitrator’s impeccable conduct

In a petition filed under Section 14(2) of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’), seeking substitution of the Sole Arbitrator (‘the Arbitrator’) on grounds of lack of independence and impartiality, Somasekhar Sundaresan, J., stated that the conduct of Arbitrator was impeccable , in accordance with the law while approaching the stamping authority. The Stamp Authorities ought not to have insisted upon the original instrument to be produced to engross it with the requisite stamp duty. The Court stated that it trusted the Arbitrator to carry on the adjudicatory role in all fairness and objectivity uninfluenced by the untenable grounds raised in the petition and accordingly dismissed the present petition. Read more HERE

DELHI HIGH COURT | ‘Civil suit cannot be filed to declare arbitral award a nullity’; Suit challenging award rejected on grounds of fraud in coal supply agreement

While determining the maintainability of a civil suit for declaration of an arbitral award a nullity, the Single Judge Bench of Jasmeet Singh, J., opined that a challenge against an arbitral award is sustainable only within the confines of Section 34 of the Arbitration and Conciliation Act, 1996 (the Act) and a civil suit seeking declaration of the award as void ab initio cannot be allowed. Read more HERE

ARMED FORCES

PUNJAB AND HARYANA HIGH COURT | ‘Armed forces cannot retain indisciplined member’: Dismissal of constable for absence beyond leave period, upheld

In a petition filed by the petitioner under Article 226 of the Constitution, seeking to set aside of dismissal of his service, a Single Judge Bench of Jagmohan Bansal J., stated that armed forces cannot retain any indisciplined member. It was not the petitioner’s case that he, for the first time, committed an alleged offence and was subjected to harsh punishment. Thus, the Court stated that the petitioner was a habitual offender and accordingly, upheld his dismissal. Read more HERE

BAIL

PUNJAB AND HARYANA HIGH COURT | Anticipatory bail denied to person accused of hoisting saffron flag on Mosque

In a petition filed by the petitioner (accused) under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), seeking grant of anticipatory bail in FIR under Sections 196, 238, 299, 3(5), 61(2) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’) and Section 2 of the Prevention of Insult to National Honours Act, 1971, a Single Judge Bench of Manisha Batra J. dismissed the same and held that the gravity of the offence and its potential impact on public order and communal peace could not be overlooked. Read more HERE

ALLAHABAD HIGH COURT | Whether anticipatory bail plea is maintainable on mere issuance of summons in complaint case?

In an anticipatory bail application filed in connection with a complaint case, the Single Judge Bench of Arun Kumar Singh Deshwal, J., rejected the application, holding that it was not maintainable as merely issuance of summons would not come within the ambit of apprehension of being arrested by the police. Read more HERE

ALLAHABAD HIGH COURT | ‘Glorification of anti-national ideology’; Bail denied to man arrested for making Facebook posts mocking PM Modi, supporting Pakistan

In a bail application filed by an accused in a FIR filed against him under Sections 152, 352, 197(1)(c), and 353(1)(C) of the Bharatiya Nyaya Sanhita, 2023, for making allegedly derogatory posts about Prime Minister Narendra Modi (‘PM Modi’) and supporting Pakistan, the Single Judge Bench of Sanjay Kumar Singh, J., rejected the application, holding that that the said content appeared to be aimed at ridiculing the Indian leadership and promoting a narrative contrary to the interest of national sovereignty, unity and integrity. Read more HERE

JAMMU & KASHMIR AND LADAKH HIGH COURT | Without any chargesheet pertaining to past unlawful activity, S. 111 BNS can’t be invoked; Bail denied in Rs 53 Crore cyber fraud case

The petitioners were accused of being involved in a fraud of Rs 53 crore and were in police custody. Following the investigation, they were charged under Sections 3(5), 61(1), 111(2), and 319(2) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’). The present petition was filed in respect of two previous petitions, one challenging the rejection of petitioners’ bail application with a prayer of grant of bail and another seeking bail in a case under Section 318(4) BNS. While denying bail to the accused persons, as the investigation was still in progress, a Single Judge Bench of Sanjay Dhar, J. observed that the invocation of Section 111 BNS against the petitioners by the Investigating Agency (‘IA’) was baseless as no charge-sheet was filed against the petitioners in respect of any unlawful activity, including an economic offence, in the past ten years nor was there an assertion that any Court had taken cognizance of such an offence. Read more HERE

DELHI HIGH COURT | ‘Such offences destroy public confidence in financial system’; Bail denied to DHFL promoter Kapil Wadhawan in Rs 34,926 Crores bank fraud case

The present application was filed by the applicant (‘Kapil Wadhawan’) under Section 485 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) read with Section 439 of Criminal Procedure Code, 1973 (‘CrPC’), seeking regular bail in FIR registered under Sections 120-B read with 409, 420, 477-A, 411, 424, 465 and 468 of Penal Code, 1860, Sections 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988. A Single Judge Bench of Ravinder Dudeja J., stated that economic offences of such magnitude not only destroy public confidence in the financial system but also eat away the economic foundation of society. They require a firm judicial response guided by the rule of law and public interest. Thus, considering the nature and seriousness of the allegations, gravity of the offence, Kapil Wadhawan ’s central role in the conspiracy, potential adverse impact of his release on the trial, and huge magnitude of the funds being siphoned off, the Court found no merit in the present application and accordingly, dismissed it. Read more HERE

CHILD RIGHTS

DELHI HIGH COURT | ‘Cyberbullying can be as traumatic as physical abuse’; POCSO conviction upheld; Batted for safer digital spaces for children

In an appeal filed to assail the order passed by the Additional Sessions Judge- 1, POCSO, North-West, Rohini Courts, Delhi (‘Trial Court’), a Single Judge Bench of Dr. Swarna Kanta Sharma J., while upholding the judgment of Trial Court observed that creating a safe environment for children cannot be restricted to physical spaces alone and equal protection be extended to digital spaces also especially given increased online activity post-COVID. Read more HERE

CHHATTISGARH HIGH COURT | ‘Serious dereliction of duty’; Authorities, self-help group rebuked for govt. school children being fed dog-licked food

In a suo motu writ petition registered regarding malnutrition of children in Anganwadi centres, the Division Bench of Ramesh Sinha, CJ., and Bibhu Datta Guru, J., took note of a recent instance of government school children being fed food that had been licked by stray dogs. The Court rebuked the authorities concerned and directed the Secretary, School Education Department, Chhattisgarh Government (‘the Secretary’) to file an affidavit answering several issues raised by the Court. Read more HERE

COMPENSATION

ORISSA HIGH COURT | Power Company held strictly liable for electrocution death; Rs 2 lakh compensation awarded to labourer’s family

In a petition filed by the wife and two sons of the deceased, seeking compensation for his death caused by electrocution, allegedly due to the negligence of the Electricity Distribution Company (‘Distribution Company’), a Single Judge Bench of A.K. Mohapatra, J., while allowing the petition, held that the Distribution Company had a statutory duty to distribute and supply electricity in the locality. Applying the principle of strict liability, the Court concluded that the company was strictly liable for the death of the deceased and, therefore, responsible for compensating the deceased’s family. Read more HERE

CRIMINAL TRIAL

TELANGANA HIGH COURT | ‘Mere recovery without mental intent not conscious possession’; Man carrying 380 live ammunition to use as neck chain, discharged

In a criminal revision petition filed against the order dated 8-9-2015 (impugned order) wherein the Metropolitan Magistrate dismissed the discharge application against a man carrying live ammunition into Rajiv Gandhi International Airport Shamshabad, the Single Judge Bench of Justice Juvvadi Sridevi, held that mere recovery of ammunition without cogent proof of mens rea would not qualify as ‘conscious possession’ under the Arms Act, 1959 (the Act). Thus, the Court discharged the petitioner.Read more HERE

MADRAS HIGH COURT | Relief to IPS Officer as YouTuber restrained from alleging involvement in custodial death case

The present application was filed by an IPS Officer, seeking an order of interim injunction to restrain YouTuber Savukku Shankar from publishing, broadcasting, uploading, circulating, reposting, or disseminating defamatory allegations, insinuations, or imputations against him in relation to the alleged custodial death. A Single Judge Bench of K. Kumaresh Babu, J., granted an interim injunction for four weeks, holding that prima facie derogatory and defamatory statements affecting the reputation of a high-ranking Police Officer were subject to reasonable restriction under Article 19(1)(a) of the Constitution, thereby justifying the injunctive relief. Read more HERE

CRUELTY

BOMBAY HIGH COURT | Husband’s friend not a ‘relative’ under Section 498-A IPC

In the present case, the wife had filed an FIR under Section 498-A of the Penal Code, 1860 (‘IPC’), and had included the name of her husband’s friend, who had instigated her husband to commit cruelty against her. The Division Bench of Anil L. Pansare and M.M. Nerlikar*, JJ., held that a friend could not be said to be a relative as he was neither a blood relative nor had any relation through marriage or adoption. Thus, the Court quashed the FIR, emphasizing that a “friend” was not a relative under Section 498-A IPC. Read more HERE

DEFAMATION

PUNJAB AND HARYANA HIGH COURT | No Relief for Kangana Ranaut: Plea in defamation case linked to farmers’ protest tweet, dismissed

In a petition filed by Kangana Ranaut under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) seeking quashing of criminal complaint filed by the complainant under Sections 499 and 500 of the Penal Code, 1860 (‘IPC’), a Single Judge Bench of Tribhuvan Dahiya J. dismissed the same and stated that she failed to demonstrate how her retweet was made in good faith. Read more HERE

BOMBAY HIGH COURT | Allegation of impotency against husband in a matrimonial dispute not defamation

While hearing a case of defamation filed by the complainant-husband, as the petitioner-wife made allegations of impotency against him, a Single Judge Bench of S.M Modak, J., opined that in divorce proceedings under the Hindu Marriage Act, 1955 (‘HMA’), when the wife made allegations regarding her husband’s impotency, she was justified in making those allegations, as they were relevant to support her interest. Thus, such allegations fall within the exception Ninth to Section 499 of the Penal Code, 1860 (‘IPC’) and would not qualify as defamation. Read more HERE

DIVORCE

BOMBAY HIGH COURT | “A delay tactic”; Wife’s transfer plea in divorce proceedings rejected

The present application was filed by the applicant-wife, who sought transfer of matrimonial proceedings initiated by her husband before the Family Court at Pune to the Civil Court, Senior Division, Kalamb, District Osmanabad, citing that she resided there and had no independent source of income. A Single Judge Bench of Kamal Khata, J., dismissed the plea, holding that the Transfer Application was a strategic attempt to delay the proceedings and such misuse of the process could not be permitted. The Court emphasised that the wife was at liberty to seek permission from the Family Court, Pune, to appear via video conferencing, and following the same, the husband should pay Rs 5000 per appearance towards her travel and related expenses. Read more HERE

EDUCATION LAW

DELHI HIGH COURT | NEET (UG) 2025 | NTA directed to form grievance redressal committee for candidates who lost exam time due to no fault of their own

In a petition seeking directions to National Testing Agency (‘NTA’) to consider the detailed representations of the petitioner and awarding him compensatory marks for interruptions and harassment caused mid-examination for reverification of his identity credentials with respect to his Aadhaar, leading to loss of crucial exam time while he was taking his National Eligibility cum Entrance Test (Undergraduate)—2025 Examination (‘NEET (UG) 2025’), a single judge bench of Vikas Mahajan J.*stated that the petitioner, having evidently suffered a loss of time due to no fault of his own, deserved to be compensated for the same and directed the NTA to award grace marks to the petitioner and communicate the updated result/scorecard to him and upload the same within a period of 5 days with a supernumerary rank, to not upset the ranks of other candidates. The Court while observing that it had come across few individual cases where candidates suffered loss of exam time for reasons not attributable to them, directed the NTA to constitute a standing Grievance Redressal Committee, if not already in place, where aggrieved candidates could approach for redressal of their grievances. Read more HERE

PUNJAB AND HARYANA HIGH COURT | Rs 50,000 cost imposed on B.A. LL.B. aspirant seeking fresh entrance test upon missing the exam

In a petition filed by an aspirant for admission to five years B.A. LL.B. (Hons.) course in law, seeking directions for conduct a fresh entrance test and eventually praying for withdrawal of the petition, the Division Bench of Sheel Nagu*, CJ and Yashvir Singh Rathor, J. dismissed the petition by allowing the prayer of withdrawal with a cost of Rs 50,000 calling the initial prayer untenable in law. Read more HERE

ENVIRONMENT LAW

MADHYA PRADESH HIGH COURT | Bhopal Gas Tragedy | State directed to urgently examine issue of shifting containment site away from habitation

In a writ petition filed for the clean-up and removal of toxic waste from the Union Carbide Factory site in Bhopal, following the catastrophic Bhopal Gas Tragedy, a Division Bench of Atul Sreedharan and Anuradha Shukla, JJ., directed the State to expeditiously examine the issue of shifting the containment site to a place, anywhere in the State, which was in a seismic zone of the lowest level and far away from habitation. Read more HERE

INSURANCE

PUNJAB AND HARYANA HIGH COURT | Trial in insurance policy scam case with 76-year-old Army officer directed to be sped up

In the present case, the petitioner filled the petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) to issue directions to the Trial Court to expedite and conclude the trial of the case arising out of the FIR under Sections 420 and 120-B of Penal Code, 1860 (‘IPC’) and Sections 66-C and 66-D of the Information Technology Act, 2000 (‘IT Act’). A Single Judge Bench of N.S. Shekhawat J. directed the Trial Court to expediate the case of insurance policy scam case with the petitioner who is a 76-year-old Army officer. The Court held that the proceedings were held in a very casual manner, and it was never expected that leniency would be shown to the accused in such serious crimes. Read more HERE

INTELLECTUAL PROPERTY

DELHI HIGH COURT | ‘Simplicity no bar to patentability of an invention’; Vertical Rotary Parking System application remanded to Controller for de novo consideration

In an appeal filed under Section 117-A of the Patents Act, 1970 (‘Patents Act’) against the order, passed by the Controller of Patents and Designs (‘Controller’), by way of which, the Controller rejected the appellant’s Indian Patent Application (‘subject application’), under Section 15 of the Patents Act, a single judge bench of Mini Pushkarna J. remanded the matter to the Controller for de novo consideration, to be completed and order being passed within four months, uninfluenced by the impugned order. Read more HERE

BOMBAY HIGH COURT | Interim injunction granted to Travel Blue Products for its ‘Tranquility neck pillow’ in design piracy case against Miniso

In a design infringement and passing off case against Miniso with reference to Travel Blue’s ‘Tranquility Neck Pillow’, A Single Judge Bench of Sharmila U. Deshmukh, J., stated that upon prima facie comparison of the rival products, the overall similarity between the two products is likely to deceive the consumer in believing that Miniso’s goods were that of the Travel Blue Products. The imitation of the Travel Blue’s registered design amounts to prima facie misrepresentation of association with it. Therefore, the Court granted interim injunction to Travel Blue Products, for its ‘Tranquility neck pillow’ in design piracy case against Miniso. Read more HERE

DELHI HIGH COURT | S. 104A of Patents Act can be invoked at interim stage for disclosure of manufacturing process: Inside the verdict in Roche’s plea seeking disclosure of Zydus’s ‘Sigrima’ process

In a suit filed by F Hoffmann Roche Ltd. and Genentech (‘collectively referred to as the Roche Group’) seeking access to information shared with members of a confidentiality club for claim mapping of its formulation and manufacturing process of the product ‘Sigrima’ used for treating breast cancer , the Single Judge Bench of Justice Amit Bansal held that Roche Group are not entitled to access the Zydus Lifesciences Limited (‘Zydus’) manufacturing process, as they had failed to meet the mandatory requirements under Section 104-A of the Patents Act, 1970 (‘the Act’). The Court further held that Section 104A may be used even at an interim stage to seek disclosure of process employed by Zydus and would prevail over provisions under the Civil Procedure Code, 1908 (‘CPC’) relating to discovery and disclosure. Read more HERE

BOMBAY HIGH COURT | ‘Copyright cannot be claimed on common ideas’: Copyright infringement case against Balaji Telefilms for ‘Dream Girl 2’, dismissed

The present application was filed by the applicant seeking an injunction to restrain defendant 1-Balaji Telefilms, from exploiting their film titled Dream Girl 2, alleging infringement of his script, ‘Kal Kisne Dekha’ which had been re-registered as ‘The Show Must Go On’, and for the breach of confidence allegedly committed by defendant 4. A Single Judge Bench of R.I. Chagla, J., upon finding that the rival works were completely different and the claim of breach of confidence was far-fetched , dismissed the application and awarded costs to defendant 1 and 5 to be paid by the applicant. Read more HERE

JUDICIARY

PUNJAB AND HARYANA HIGH COURT | Magistrate has duty to inform individuals with mental ailment of their right to free legal services

In a public interest litigation filed for implementation of Mental Health Care Act, 2017 (‘2017 Act’), the Division Bench of Sheel Nagu CJ. and Sanjiv Berry J., held that every Magistrate, police officer and person in-charge of such custodial institution has a duty to inform the person suffering from mental ailment that he/she is entitled to free legal services under the Legal Services Authorities Act, 1987 (‘1987 Act’). Read more HERE

ALLAHABAD HIGH COURT | ‘Accepting Bar Council’s strike resolution could invite disciplinary action’; Aligarh SDM pulled up for adjourning case due to advocates’ strike

In a Public Interest Litigation (‘PIL’) filed regarding a Gaon Sabha land, the Single Judge Bench of J.J. Munir, J., rebuked the Sub Divisional Magistrate, Koil, Aligarh (‘SDM’), for adjourning a case due to a Bar resolution whereby Advocates had abstained from their professional duties. Read more HERE

JUVENILES

HIMCHAL PRADESH HIGH COURT | 16-year-old juvenile’s trial as an adult confirmed for raping 7-year-old girl

The present revision petition was directed against the judgment dated 10-06-2024, passed by the Sessions Judge (‘Appellate Court’), vide which the order passed by the Juvenile Justice Board (‘JJB’), of trying the petitioner (accused) as an adult for raping a 7-year-old girl, was upheld. A Single Judge Bench of Rakesh Kainthla, J., observed that both the subordinate courts had rightly held that the accused had sufficient mental and physical capacity to know the nature and consequences of his act and therefore, dismissed the present revision petition. Read more HERE

MAINTENANCE

DELHI HIGH COURT | ‘Not uncommon for husbands to suppress actual income’; Wife allowed to summon witnesses to prove husband’s concealed financial status

In the present case, a petition was filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) read with Article 227 of the Constitution, challenging the order dated 7-6-2024 passed by Judge, Family Court, Dwarka Courts, Delhi, whereby applications preferred by the petitioner-wife for summoning of witnesses including bank authorities, to establish the respondent-husband’s actual financial position, were dismissed. A Single Judge Bench of Ravinder Dudeja, J., observed that the financial status, including income, assets and means of the husband were of relevant consideration in determining the quantum of maintenance in a petition under Section 125 CrPC. Thus, denying the wife an opportunity to prove the same would frustrate the objective of maintenance proceedings. The Court set aside the impugned order and directed the Family Court to permit the wife to summon the witnesses concerned with the relevant record. Read more HERE

MOTOR VEHICLES

MADHYA PRADESH HIGH COURT | Action directed against private vehicles with illegal flashing lights, sirens and number plates

In a writ petition filed against people violating the Motor Vehicles Act, 1988 (‘MV Act’), the Division Bench of Vivek Rusia and Binod Kumar Dwivedi, JJ., directed the Regional Transport Officer and Deputy Commissioner of Police (Traffic) to immediately act against those vehicles that were violating the notice/circular dated 01-03-2025. Read more HERE

KARNATAKA HIGH COURT | Motor vehicle accident| Driving without license not sole ground for contributory negligence

In a miscellaneous first appeal filed by the appellant against the order of Motor Accident Claims Tribunal (‘Tribunal’) holding the appellant responsible for contributory negligence in a motor vehicle accident case, a Single-Judge Bench of Chillakur Sumalatha, J., held that not holding a license to ride the vehicle which is involved in the accident does not in itself amount to contributory negligence unless it is proved that the lack of a license contributed to the accident. The Court also awarded compensation under the head of loss of future earnings which the Tribunal failed to award. Read more HERE

NDPS

HIMACHAL PRADESH HIGH COURT | [NDPS Act] Detention solely on presumption that heroin is likely be found in accused’s blood sample not permissible

The petitioner filed the present petition seeking regular bail in a first information report (‘FIR’) registered for the offences under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), for being present when the police recovered narcotics from the co-accused’s house. A Single Judge Bench of Rakesh Kainthla, J., while granting bail to the petitioner, observed that the police must connect the person with the commission of a crime before his detention could be justified and thus, a person could not be detained solely on the assumption that some incriminating substance would be found against him. Read more HERE

PUNJAB AND HARYANA HIGH COURT | Courts must go beyond literal/grammatical reading of NDPS Act to decipher its true scope; Bail granted to NDPS accused

In a petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) for grant of regular bail in FIR under Sections 21(c), 27-A, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), a Single Judge Bench of Sumeet Goel J., mandated Courts to go beyond literal or grammatical reading of the NDPS Act in deciphering its true scope. Considering that the only material available against the petitioner was in the form of disclosure statement of co-accused from whom the contraband and drug money was recovered, the Court found that the requirement of Section 37(1)(b)(i) of NDPS Act was met with. Thus, the Court allowed the petition and granted bail to the petitioner. Read more HERE

PUNJAB AND HARYANA HIGH COURT | ‘Can’t be mute spectator’: Strict note taken of alleged misuse of NDPS Act; State directed to respond to allegations

In a petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) for grant of anticipatory bail to the petitioner in FIR under Sections 22/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), A Single Judge Bench of Sandeep Moudgil J., strictly noted that there has been a flood of NDPS litigations, “Wherein either noncommercial quantity of Heroin or any other intoxicating salt like Etizolam, Alprazolam, etc. people are being nominated as accused in the manner where recovery has not been effected from one but after obtaining disclosure statement various other persons are nominated thereafter as accused to increase the number of apprehended persons in the State” The Court stated that it cannot be a mute spectator and directed the State to respond to the assertions made by the petitioner by filing an affidavit. Read more HERE

QUASHMENT OF FIR/ PROCEEDINGS

KERALA HIGH COURT | ‘Mere lapse in not lowering National Flag after sunset not gross affront or insult’; Criminal case dating back to 2015 quashed

In criminal proceedings initiated against the Secretary of Angamaly Municipality for failing to lower the National Flag for nearly two days following its hoisting during Independence Day celebrations, the Single Judge Bench of Kauser Edappagath,J. held that such inaction did not amount to any of the acts specified under Section 2 of the Prevention of Insults to National Honour Act, 1971 (‘the Act of 1971’), nor did it fall within the illustrative instances provided in Explanation 4. Hence, mere lapse or inaction in not lowering the National Flag after sunset cannot be considered a gross affront, indignity, or insult to the flag. Accordingly, the Court quashed the final report and all further proceedings in the case pending before the Trial Court against the accused. Read more HERE

KERALA HIGH COURT | ‘Undoubtedly immoral but not illegal’; Case quashed against law student for defiling Mahatma Gandhi’s statue

In a petition filed by a law student (‘petitioner’), accused under Sections 153 and 426 of the Penal Code, 1860 (‘IPC’), of denigrating the image of Mahatma Gandhi, a Single Judge Bench of V.G. Arun, J., quashed the case and held that while the objectionable conduct of the petitioner was undoubtedly immoral, it could not be termed illegal in the absence of a law preventing and prescribing punishment for such an act. Read more HERE

RIGHT TO INFORMATION

KERALA HIGH COURT | Cochin International Airport Authority is a ‘public authority’ under RTI Act

In a batch of appeals filed against the judgment passed by a Single Judge of the Court, wherein, the Court had concluded that the Cochin International Airport Authority Ltd. (‘CIAL’) qualified as a “public authority” within the meaning of Section 2(h)(d)(i) of the Right to Information Act, 2005 (‘RTI Act’). Consequently, CIAL was held to be amenable to the obligations of disclosure under the Act, requiring it to provide information to third parties and the public at large in response to applications filed under Section 6 of the RTI Act, seeking various categories of information, the division bench of Sushrut Arvind Dharmadhikari* and Syam Kumar V.M., JJ. held that CIAL is a ‘public authority’ under Section 2(h)(d)(i) of the RTI Act. It affirmed the view taken by the State Information Commission (‘SIC’) in the impugned order dated 20-06-2019, directing that CIAL is bound to disclose necessary information and comply with the statutory obligations imposed by the RTI Act. This includes the appointment of a Public Information Officer (PIO) and timely disclosure of information. Read more HERE

DELHI HIGH COURT | ‘CIC cannot express policy prescriptions under RTI Act’; CIC’s order directing HPCL to furnish guidelines for empanelment of advocates quashed

In a writ petition filed under Article 226 of the Constitution assailing the order dated 27-9-2023 (impugned order), wherein the Central Information Commission (‘CIC’) issued show cause notices against two officials of Hindustan Petroleum Corporation Limited (‘HPCL’) , the Single Judge Bench of Prateek Jalan, J., held that the CIC’s order directing HPCL to furnish guidelines for empanelment of advocates was a policy prescription and was wholly ultra vires its powers under the Right to Information Act, 2005 (‘RTI Act’). Read more HERE

ROADS AND RAILWAYS

RAJASTHAN HIGH COURT | “Pink City turning into Sink City”: Suo motu cognizance taken of Jaipur’s deplorable public roads

While taking suo moto cognizance based on various news items highlighting the deplorable conditions of public roads in Jaipur City and treating the news reports as Public Interest Litigation (‘PIL’), the Single-Judge Bench of Pramil Kumar Mathur, J., observing that the road situation violates Article 21 and disregards the responsibility of the State to protect its cultural and architectural wealth under Article 49 of the Constitution issued directions to State authorities for undertaking survey of roads and charting out an action plan within 4 weeks indicating time-line for repairs and improvements. Read more HERE

SENIOR CITIZENS

KERALA HIGH COURT | Daughter-in-law within the expanded definition of ‘children’ under Senior Citizen Act; Mother-in-law allowed to reside in shared house

The present writ petition was filed by the petitioners- daughter-in-law and her family, challenging the order of the Maintenance Tribunal (‘Tribunal’) which permitted her mother-in-law to reside on the first floor of the same building as that of the petitioners. A Single Judge Bench of Viju Abraham, J., relied on several case laws which interpreted that a daughter-in-law would be included in the term ‘children’ as defined under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (‘Senior Citizens Act’), and while dismissing the writ petition, allowed the mother-in-law to live in the shared house. Read more HERE

SERVICE LAW

PUNJAB AND HARYANA HIGH COURT | ‘Classic case of misuse of power’; Rs 50,000 cost imposed on State for denying job to candidate already acquitted in criminal case

In a petition filed under Articles 226 and 227 of the Constitution, the petitioner had sought to set aside an order whereby respondent had rejected his claim for the post of Constable. A Single Judge Bench of Jagmohan Bansal, J., observed that the respondent had intentionally and mischievously skipped Clause (c) of Rule 12.18(3) of the Punjab Police Rules, 1934 which was directly applicable to the present case. The police had not filed cancellation report or untraced report, however, investigating agency found the petitioner innocent in a criminal case and had filed supplementary challan disclosing the same. The Court calling the present case ‘a classic case of misuse of power and abuse of process of law’, imposed a cost of Rs 50,000 on the respondents. Read more HERE

HIMACHAL PRADESH HIGH COURT | Maternity leave allowed to female government employee for her third child; reiterated stand taken by SC in K. Umadevi [2025]

In the present petition, the petitioner challenged the order of the Senior Medical Officer (‘SMO’), Civil Hospital, Sirmaur, whereby the representation filed by her for grant of maternity leave was rejected as per Rule 43(1) of Central Civil Service (Leave) Rules, 1972 (‘CCS Rules’), on the ground that at the time of the delivery of the child, she already had two surviving children. A Single Judge Bench of Sandeep Sharma, J., relying on K. Umadevi v. State of T.N., 2025 SCC OnLine SC 1204, wherein it was held that both motherhood and childhood were to be considered while providing maternity leave, allowed the petition and quashed and set aside the SMO’s order directing him to grant maternity leave to the petitioner. Read more HERE

STAMP ACT, 1899

BOMBAY HIGH COURT | Absolute bar against admissibility of unstamped instrument, even for collateral purpose

In a dispute regarding the nature of the agreement wherein, parties failed to fully execute the agreement, the Single Judge Bench of S. G. Chapalgaonkar, J opined that where the agreement was neither registered nor properly stamped, then admitting the unstamped instrument even for collateral purpose, would amount to receiving such document in evidence which is prohibited under Section 35 of Stamp Act, 1899 (‘Stamp Act’). The Court stated that there is absolute bar against admissibility of unstamped instrument, be it for main or collateral purpose, unless requirements of proviso (A) to Section 35 of Stamp Act are complied with. Accordingly, the Court quashed and set aside the order of temporary injunction. Read more HERE

STRAY DOGS

KERALA HIGH COURT | ‘Need to strike a balance between animal and human rights’; Govt. Order allowing euthanasia of stray dogs, deferred

The present batch of writ petitions were filed highlighting the serious issue of recurring and alarming increase of stray dog attacks in Kerala and the compensation claims of the victims. A government order was issued that allowed the local bodies to carry out euthanasia of stray dogs to curb the menace. A Single Judge Bench of C.S. Dias, J., while issuing a common order, deferred the decision of Government of Kerala to implement euthanasia of stray dogs under the Prevention of Cruelty to Animals (Animal Husbandry Practices and Procedures) Rules, 2023 (‘2023 Rules’), while recognising the necessity of animal welfare. Read more HERE

TENANCY AND LAND LAWS

HIMACHAL PRADESH HIGH COURT | ‘The provision is a legislation for class of dishonest persons’: S. 163-A H.P. Land Revenue Act declared unconstitutional

In the present petition, the constitutional validity of Section 163-A of the H.P. Land Revenue Act, 1954 (‘1954 Act’) was challenged on the grounds that the provision encouraged illegal occupation of Government land. The Division Bench of Vivek Singh Thakur and Bipin Chander Negi*, JJ., while observing that the provision defeated the very purpose for which the Statute was created and violated the very edifice of the principal statute, declared it unconstitutional as being violative of Article 14 of the Constitution. Read more HERE

TERRORISM

BOMBAY HIGH COURT | Mere participation in PFI meetings or physical karate training does not amount to terrorist act; Bail granted to UAPA accused

In a matter where the appellants (‘accused persons’) was charged for the offence under the provisions of Unlawful Activities (Prevention) Act, 1967 (‘UAPA’), the Division Bench comprising of Nitin B. Suryawanshi* and Sandipkumar C. More, JJ granted bail to the accused and observed that the Popular Front of India Organization (‘PFI’) was not a banned organisation when the FIR was lodged. The Court stated that merely because the accused persons participated in meetings, seminars or physical training of karate etc., prima facie, it cannot be said that they have indulged in any terrorist act. Read more HERE