The Supreme Court ruled that the National Company Law Tribunal cannot exercise jurisdiction under Section 60(5)(c) of the Insolvency and Bankruptcy Code to adjudicate trademark ownership disputes that lack a direct connection with insolvency proceedings.

The case arose from cross-appeals against the NCLT’s declaration of title over the trademark “Gloster” during a corporate insolvency resolution process.

The Court held that contested issues of title, including intellectual property, can be examined under the IBC only when they have a proximate nexus with the insolvency process and do not go beyond the approved resolution plan.

It set aside the NCLT’s finding and the NCLAT’s observations, leaving the issue to be decided by an appropriate forum.

[Gloster Ltd v. Gloster Cables Ltd & Ors.]

The Telangana High Court has refused to grant custody of a child to a couple involved in an illegal adoption, holding that emotional bonding cannot override statutory safeguards.

The Court ruled that adoptions carried out outside the legally prescribed framework cannot be regularised, as doing so would legitimise child trafficking. The Court noted that the couple procured the child through unlawful means, in violation of CARA guidelines and the Juvenile Justice (Care and Protection of Children) Act, 2015.

Emphasising that law must prevail over sentiment, the Court warned that any deviation from the legal adoption process would encourage trafficking and undermine child protection mechanisms.

The writ petition seeking restoration of custody was accordingly dismissed.

The Patna High Court has directed the National Highways Authority of India (NHAI) to explore effective mechanisms to prevent the plying of overloaded vehicles, particularly sand-laden trucks, on national highways in Bihar.

Hearing a public interest litigation concerning the construction and widening of the Ara–Mohania stretch of NH-30, the Court noted submissions that rampant overloading is causing serious damage to highways and bridges.

The Advocate General, acting as amicus curiae, alleged the existence of a syndicate allowing such vehicles for monetary gain and suggested sensor-based automated weighing systems as a solution.

The Court asked NHAI to file its response by February 13.

The Orissa High Court dismissed a plea challenging the disqualification of a gram panchayat member for violating the statutory two-child norm.

The Court upheld the validity of population control measures and stressed the serious consequences of unchecked population growth in India. It observed that overpopulation places immense pressure on public resources and infrastructure, recalling the difficulties faced during the COVID-19 pandemic due to space and capacity constraints.

Referring to historical and philosophical warnings on population growth, the Court said constitutional institutions and civil society must act responsibly to address the issue.

The ruling reaffirmed that statutory conditions attached to elected posts must be strictly followed.

Tamilaga Vettri Kazhagam (TVK) has filed a petition in the Madras High Court challenging the Standard Operating Procedure (SOP) framed by the Tamil Nadu government to regulate public meetings, rallies, and roadshows.

TVK contends that the SOP discriminates against registered but unrecognised political parties by granting priority to parties recognised by the Election Commission of India, thereby violating their rights to freedom of speech and assembly under Articles 19(1)(a) and 19(1)(b) of the Constitution.

The party also argued that the SOP imposes impractical requirements and shifts core state responsibilities onto organisers, which could hinder political activity.

The High Court is expected to hear the petition in early February.

[TVK v. State of Tamil Nadu & Ors.]

The Uttarakhand government has notified the Uniform Civil Code (Amendment) Ordinance after receiving the Governor’s assent, introducing stricter penal provisions relating to marriage and live-in relationships.

The amendment prescribes imprisonment of up to seven years for entering into a marriage or live-in relationship through force, coercion, or fraud.

It also criminalises remarriage or live-in relationships without a valid divorce, and parallel live-in relationships. Living in a live-in relationship with a minor attracts imprisonment and a fine.

The ordinance further penalises illegal divorces, misrepresentation at the time of marriage, and compulsion to follow prohibited remarriage conditions. Administrative changes have also been introduced to strengthen enforcement.

The Gujarat High Court has stayed a notice issued by a conciliation officer to a chartered accountant in a maintenance claim filed by his parents, holding that the officer lacked jurisdiction under the law.

The parents had approached the authorities under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, after which the matter was transferred to a conciliation officer who issued the notice.

The petitioner argued that only a duly constituted maintenance tribunal, presided over by an officer of the prescribed rank, could issue such directions.

Accepting the prima facie contention, the Court granted an interim stay on the notice and sought a response from the conciliation officer.

The Karnataka High Court has flagged a dangerous trend of litigants implicating lawyers representing the opposite side in criminal cases to deter them from appearing in matters.

The Court observed that such complaints are often based on improbable or imaginary allegations and pose a chilling effect on the legal profession. It held that advocates cannot be dragged into criminal proceedings merely for discharging their professional duty of representing clients.

The Court directed that before registering a crime against a lawyer, the police must conduct a peripheral inquiry to examine the nature and credibility of the allegations.

Granting relief, the Court stayed the investigation against a lawyer who was implicated solely for representing the opposing party.

The Allahabad High Court flagged serious concerns over police officers in Uttar Pradesh allegedly putting pressure on judicial officers to secure specific orders.

The issue came up during a hearing on police encounters, where senior state officials were directed to explain the steps taken to address such incidents.

The Court observed that police, especially newly appointed officers, were frequently influencing chief judicial magistrates and other trial court judges, resulting in conflicts between the two institutions.

It emphasised that the authority to punish rests with the judiciary and not the police.

A public interest litigation has been moved before the Delhi High Court seeking filling of vacant posts of Chairperson and staff in the Delhi Commission for Women.

The PIL was filed by RJD MP Sudhakar Singh, stating that the Commission has remained physically inaccessible and non-functional for a long period.

The petition alleged that the lack of leadership has led to institutional paralysis and affected statutory programmes such as counselling and crisis intervention services. It also stated that representations were sent to the Delhi government and the Lieutenant Governor, but no steps were taken.

The plea seeks directions to ensure full administrative functioning and adequate staffing of the Commission.

[Sudhakar Singh v. GNCTD]

The Directorate General of Civil Aviation informed the Delhi High Court that weekly rest for airline pilots is compulsory and no airline has been given any relaxation from this requirement.

The case arose from a public interest litigation questioning the DGCA’s decision to keep certain provisions of the revised Flight Duty Time Limitation rules in abeyance.

The DGCA clarified that although limited relief was granted to IndiGo for night operations until February 10, the mandate on weekly rest remains in force. The Court issued notice to the Central government, DGCA and IndiGo, and sought their replies to the petition.

The matter will be taken up again after four weeks.

The Supreme Court has held that administering stem cell therapy for Autism Spectrum Disorder (ASD) outside an approved and monitored clinical trial is unethical and amounts to medical malpractice.

The Court observed that such therapy lacks credible scientific evidence regarding its safety and efficacy and is not recognised as a valid medical treatment by authoritative bodies.

It clarified that merely classifying stem cells as “drugs” under the Drugs and Cosmetics Act, 1940 does not make their therapeutic use for autism permissible.

The Bench stressed that stem cell use is allowed only within approved clinical trials aimed at advancing medical science, and offering it as routine treatment breaches the standard of medical care.

[Yash Charitable Trust & Ors. v. UOI & Ors.]

A Judicial Magistrate Court in Jammu & Kashmir has observed that Pakistan-occupied Kashmir (POK) is an integral part of India and does not form part of Pakistan, though it remains under illegal occupation.

The Court held that the provisions of the Foreigners Act cannot be mechanically invoked against individuals alleged to be from POK without cogent and reliable documentary evidence establishing foreign nationality or illegal entry.

Emphasising constitutional position and settled legal principles, the Court noted that mere assumptions or allegations are insufficient to attract the rigours of the Foreigners Act.

In the absence of proof demonstrating that the accused were foreigners, continuation of proceedings under the Act was held to be unsustainable.

The Advocates’ Association, Bengaluru, wrote to the Chief Justice of the Karnataka High Court, highlighting the absence of OBC and BCM-A representation in recent proposals for judicial appointments.

The Association objected to ten recommendations made under the Bar quota, which did not include any candidates from the OBC or BCM-A categories.

The Association stated that only 2–3 judges in the High Court belong to these groups, even though OBCs constitute over 25 per cent of Karnataka’s population. It described this as gross under-representation and said it raises constitutional issues under Articles 15 and 16.

The Association requested that two additional candidates from OBC and BCM-A categories be recommended under the Bar quota.