LegalWiki - Latest Legal News & Court Rulings

Delhi High Court: Women Cannot Seek Home Recording of Statements Under FEMA Summons

The Delhi High Court held that women summoned by the Enforcement Directorate under FEMA cannot rely on Section 160 CrPC to insist on recording statements at their residence.

The Court said that Section 37 FEMA grants powers analogous to Section 131 of the Income Tax Act, which are civil in nature and allow authorities to summon individuals to their office.

The Court noted that FEMA proceedings differ from criminal inquiries under PMLA and dismissed the petitioner’s plea seeking exemption from personal appearance before the ED.

[Poonam Gahlot v. Directorate of Enforcement]

Read Judgment / 2 hours ago

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Centre Introduces Bills for Pan Masala Cess and Higher Tobacco Duties

The Union government introduced two Bills in Parliament to replace revenue from the soon-to-be-discontinued GST compensation cess on tobacco products.

Finance Minister Nirmala Sitharaman tabled the Health Security & National Security Cess Bill, 2025, and the Central Excise (Amendment) Bill, 2025.

The excise amendment allows higher duties on tobacco to maintain tax incidence, while the Health Security Cess levies a cess on machines and processes used in pan masala manufacture, augmenting funds for health and national security.

The Bills respond to GST cess repayment obligations and aim to protect revenue streams while ensuring fiscal stability.

Read Details / 2 hours ago

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Supreme Court Stays MP High Court’s Remarks Terming Trial Judge “Unfit”

The Supreme Court stayed the Madhya Pradesh High Court’s observations that an Additional Sessions Judge was unfit to handle criminal cases.

The Court issued notice to the State and halted the portion of the order questioning the judge’s competence. The remarks were made while hearing an appeal in which the High Court overturned a conviction under the IPC and POCSO Act and criticised the trial judge’s appreciation of evidence.

The petitioner said the High Court exceeded its jurisdiction and violated natural justice by making adverse comments without giving him an opportunity to be heard.

The matter will be taken up after the State files its response.

[Pankaj Chaturvedi v. State of Madhya Pradesh]

Read order / 2 hours ago

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Mumbai Consumer Commission Orders Niva Bupa To Pay ₹66.50 Lakh For Denying Cancer Treatment Claim

The District Consumer Disputes Redressal Commission, Mumbai Suburban, directed Niva Bupa Health Insurance Ltd. to pay ₹66.50 lakh to the complainant, Alok Bector, after wrongfully cancelling his policy and denying his overseas cancer treatment claim.

The Commission found that the insurer failed to justify the policy cancellation and rejected the claim on grounds arising from its own actions, amounting to a deficiency in service and unfair trade practice.

The order underscores that insurance companies must act fairly, transparently, and in compliance with consumer protection norms, reaffirming policyholders’ rights to timely and lawful claim settlements

[Alok Bector v. Niva Bupa Health Insurance Ltd.]

Read Details / 2 hours ago

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Plea Filed In Karnataka High Court Against Govt Order Mandating One-Day Paid Menstrual Leave

A petition has been filed in the Karnataka High Court challenging the State’s notification mandating one day of paid menstrual leave per month for women employees in registered industrial establishments.

The petitioner, Bangalore Hotels Association, said existing statutes like the Factories Act and Karnataka Shops and Commercial Establishments Act already provide a comprehensive leave framework.

It argued that the government lacked legislative backing to impose menstrual leave by executive order and issued the notification without seeking stakeholder objections.

The plea claimed the mandate imposes financial burden and violates Article 14, seeking its quashing.

[Bangalore Hotels Association v. State of Karnataka]

Read Details / 2 hours ago

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Selection Criteria Cannot Be Altered Post-Interview: Supreme Court

The Supreme Court has held that recruitment authorities cannot alter selection criteria once the interview stage, the final stage of evaluation, is completed.

Dismissing the Jammu & Kashmir Services Selection Board’s appeal, the Court upheld the High Court’s decision granting relief to candidates disadvantaged by a post-interview modification in the evaluation scheme for Forester posts.

The Board had initially allotted 25 marks for a B.Sc. Forestry degree but after the interviews concluded, later split this into 3-year (20 marks) and 4-year (25 marks) categories.

The Court held this amounted to changing the “rule of the game” after the process had concluded, making the alteration arbitrary and impermissible.

[J&K Services Selection Board v Sudesh Kumar]

Read order / 2 hours ago

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Is It Legal For A Tenant To Withhold Rent If Electricity Or Water Supply Is Interrupted In India?

No, tenants in India cannot automatically withhold rent just because the electricity or water supply is disrupted. However, the law protects tenants against the unlawful denial of essential services.

The Model Tenancy Act, 2021, allows tenants to seek restoration of utilities and claim compensation if the landlord deliberately cuts essential supplies without a valid reason. Tenants may approach the Rent Authority for interim relief, including an order directing the landlord to restore services.

Withholding rent is permitted only when ordered by the authority after examining the landlord’s conduct.

Independent withholding without an official order may be treated as rent default.

18 hours ago

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Is It Legal For Police To Question A Minor Without A Parent Present?

No, it is illegal for police to question a minor without the presence of a parent, guardian, or a responsible adult.

The Juvenile Justice (Care and Protection of Children) Act, 2015, protects minors' rights during police interrogation. Police must immediately inform parents upon apprehension and conduct questioning only at child-friendly premises to avoid any custodial atmosphere.

The law forbids coercion, force, or the signing of statements by minors. Any statement recorded without parental or guardian presence can be declared inadmissible in court.

Such violations also constitute an abuse of process and breach constitutional rights under Article 21, ensuring protection of life and personal liberty for minors during legal proceedings.

18 hours ago

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Is It Legal To Tint Car Windows In India?

No, it is illegal to apply any aftermarket tint films on car windows in India.

The Supreme Court has banned such films for public safety, allowing only factory-fitted tinted glass that complies with the Central Motor Vehicles Rules standards: at least 70% visible light transmission (VLT) for the front windshields, and 50% VLT for side and rear windows.

Violating these norms can attract fines and may also impact insurance claims in case of accidents. Only high-security government vehicles can get special permissions following strict regulations.

Therefore, only legally certified manufacturer-installed tints are permitted on Indian roads.

18 hours ago

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Is It Legal for Companies to Keep Original Documents After Hiring?

No, it is not legal for companies to retain an employee’s original documents after hiring.

The Ministry of Labour and various court rulings clearly prohibit employers from keeping educational certificates, identity documents, or other originals. Retaining such documents may coerce employees to remain in the job and violate their fundamental right to personal liberty under Article 21.

Employers may check and verify originals at the time of joining, but they must return them immediately. Companies are allowed to retain only photocopies or self-attested copies for their records.

Thus, holding original documents constitutes an unfair labour practice and is unlawful.

18 hours ago

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Is It Legal To Refuse To Give Your Aadhaar Number?

Yes, individuals can legally refuse to provide their Aadhaar number in most situations in India.

The Supreme Court in Justice K.S. Puttaswamy v. Union of India (2018) struck down mandatory Aadhaar linkage for private entities and non-essential services, upholding the fundamental right to privacy under Article 21.

Currently, the government mandates Aadhaar only for receiving subsidies, welfare benefits, and certain statutory obligations like linking with PAN for tax purposes. Banks and private service providers cannot refuse services solely because a person does not provide their Aadhaar; alternative identification methods must be accepted.

There is no general legal obligation to share Aadhaar, and refusal does not attract a penalty, except in cases where the law specifically requires Aadhaar.

18 hours ago

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Delhi High Court Strikes Down Bail Condition Requiring 24×7 Google Location Sharing

The Delhi High Court has struck down a bail condition requiring an accused to share his live location 24×7 via Google with the Investigating Officer.

The condition was imposed on the accused, Harinder Bashishta, when he was granted bail on June 21, 2025.

Citing Frank Vitus v. Narcotics Control Bureau, the Court held that mandatory continuous monitoring violates an accused's fundamental right to privacy under Article 21.

Accordingly, the 24×7-location-sharing condition was struck down.

[Harinder Bashishta v. State NCT of Delhi]

Read Details / 18 hours ago

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Delhi High Court Asks School To Restore Class X Student’s Admission After Advocate Offers Fee Support

The Delhi High Court directed a private school to restore the admission of a Class X student whose name was struck off over unpaid fees.

Justice Vikas Mahajan appreciated Advocate RK Kapoor, who volunteered to contribute ₹2.5 lakh after learning about the family’s financial hardships.

The student’s father had lost his job and couldn't pay the remaining dues. The Court requested the school to treat Kapoor’s payment as a full and final settlement for all outstanding fees for 2025–26 and withdraw the removal order.

The Court clarified that this relief was granted based on the peculiar facts of the case and shall not operate as a precedent.

[Master Arnav Raj v. Delhi Public School & Anr]

Read Order / 18 hours ago

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Madhya Pradesh HC Denies Relief to Man Over WhatsApp Message Claiming Beef Consumption Essential to Hinduism

The Madhya Pradesh High Court has refused to quash an FIR against a man who posted on WhatsApp that beef consumption is essential to being Hindu, finding the statement potentially inflammatory and capable of disturbing communal harmony.

The court observed that the matter involved allegations of circulating material hurting religious sentiments or promoting disharmony.

It noted that whether the accused acted with deliberate malice or in good faith could not be determined at this preliminary stage, allowing the criminal proceedings to continue.

Concluding that no case was made out for exercise of extraordinary jurisdiction under Article 226 of the Constitution, the Court dismissed the plea.

[Buddha Prakash Bouddha v. The State of Madhya Pradesh and Ors.]

Read Judgement / 18 hours ago

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Supreme Court Grants Bail to Businessman Accused of Impersonating Amit Shah's Nephew

The Supreme Court has granted bail to a businessman accused of cheating, after being deceived by an individual impersonating Union Home Minister Amit Shah's nephew.

The bench observed that the accused, Ajay Kumar Nayyar, had spent over four years in custody, while the maximum sentence for the alleged offences is seven years. It also noted that although the charges were framed in 2022, only the first witness out of 34 had been examined to date.

Balancing the accused’s right to personal liberty with the gravity of the fraud allegations, the court recognized that Nayyar had already endured substantial pre-trial detention and that the investigation was complete.

[Ajay Kumar Nayyar v. State of NCT of Delhi]

Read Details / 18 hours ago

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