LegalWiki - Latest Legal News & Court Rulings

What is Actus Non Facit Reum Nisi Mens Sit Rea?

Actus non facit reum nisi mens sit rea is a basic criminal law principle, meaning an act does not make a person guilty unless the mind (intent) is also guilty.

Simply doing something wrong is not enough for criminal liability; the person must also have a guilty mind (mens rea) alongside the wrongful act (actus reus).

This ensures fairness in criminal law by requiring both the act and criminal intent for most offences.

a day ago

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Magistrate Cannot Enforce Settlement After Compromise in Cheque Bounce Cases: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that once a lawful compromise is recorded in a Section 138 NI Act case, the Magistrate must dispose of the complaint in terms of the settlement and cannot act as an executing court.

Justice Sanjay Dhar clarified that courts cannot monitor or enforce compliance with a compromise by issuing coercive directions or warrants.

Any breach of the settlement must be pursued only through appropriate execution proceedings under the CrPC.

Setting aside the Magistrate’s order issuing warrants, the Court directed strict adherence to the correct legal procedure.

[Sajad Ahmad Malik v. Gulzar Ahmad Wani]

a day ago

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Is It Legal to Consume Alcohol in Office Premises in India?

No, generally it is not legally permitted to drink alcohol at your office unless your employer’s policy expressly allows it and relevant laws are complied with.

Most Indian workplaces prohibit alcohol consumption during work hours as misconduct and for safety reasons, and violating these policies can lead to disciplinary action or termination.

The Industrial Employment (Standing Orders) Act lists liquor consumption at work as misconduct under model standing orders.

However, a few states (e.g., Haryana) may allow licensed consumption of low-alcohol beverages in certain large corporate offices under specific excise rules.

a day ago

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Is It Legal to Carry Alcohol on the Delhi Metro?

Yes, you can carry sealed alcohol bottles on the Delhi Metro, but with conditions.

Passengers are now allowed to carry up to two sealed bottles of alcohol per person on all Delhi Metro lines, aligning it with the Airport Express Line policy.

However, drinking alcohol inside the metro or its premises remains strictly prohibited, and passengers must maintain proper decorum.

Anyone found behaving indecently under the influence may face action under relevant laws.

a day ago

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Bombay High Court Rejects Plea To Reopen Rape Case Against Sajjan Jindal

The Bombay High Court dismissed a woman’s plea seeking to reopen a rape and intimidation case against JSW Group MD Sajjan Jindal, after a magistrate had accepted a police closure (B-summary) report in 2024.

The Court noted that the complainant had herself expressed an inability to pursue the case and did not object to the closure at the relevant stage.

In such circumstances, it held that judicial interference was not warranted.

Finding no reason to doubt the police investigation, the Court declined to order a reinvestigation or transfer of the case to the CBI and upheld the closure report.

Read Details / a day ago

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Government Amends Rules to Streamline Approval Process of Coal & Lignite Mines

The Government of India has amended the Colliery Control Rules, 2004, to streamline approvals for opening coal and lignite mines by removing procedural redundancies and expediting operationalisation.

Prior to the change, mine owners were required to obtain prior permission from the Coal Controller’s Organisation (CCO) to open a mine or seam and to restart operations after 180 days of closure.

Under the amended Rule 9, the power to approve the opening of mines or seams has been delegated to the board of the concerned coal company, subject to obtaining all mandatory Central and State statutory clearances.

The move is aimed at removing procedural bottlenecks, cutting operational timelines by up to two months, and boosting domestic coal production.

Read Details / a day ago

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CBI Moves Supreme Court Against Delhi HC Order Suspending Kuldeep Sengar’s Life Sentence in Unnao Rape Case

The CBI has approached the Supreme Court challenging the Delhi High Court verdict suspending the life sentence of former UP BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case involving a minor girl.

The CBI argues the High Court erred in holding that aggravated penetrative sexual assault under Section 5(c) of the POCSO Act was not made out, and in rejecting the applicability of Section 5(p), which covers offences by persons in positions of trust or authority.

The CBI submitted that long incarceration alone cannot justify bail during the pendency of an appeal and warned that Sengar’s release could endanger the survivor and erode public confidence in the justice system.

Read Details / a day ago

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J&K&L High Court Grants Bail to 75-Year-Old Grandfather in POCSO Case

The Jammu & Kashmir and Ladakh High Court granted bail to a 75-year-old man accused by his granddaughter under the POCSO Act, holding that his involvement was prima facie “highly doubtful.”

The Court noted that the prosecutrix retracted her allegations during trial, DNA evidence did not implicate the accused, and the alleged video was unreliable.

Justice Sanjay Dhar held that POCSO presumptions are not absolute and bail cannot be denied once foundational facts collapse.

[Ghulam Nabi Ganai v. UT Of J&K]

a day ago

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Gauhati High Court Defines Limits of Inspection and Seizure Under Assam Cattle Preservation Act

The Gauhati High Court held that officers authorised under Section 11 of the Assam Cattle Preservation Act, 2021 may enter, inspect, search, seize and detain evidence linked to alleged offences, but the Act does not grant power to seal premises.

The decision came in a petition challenging the sealing of a meat shop in Algapur Bazar by state officials.

The Court noted that statutory silence on sealing authority cannot imply such power and that even a Circle Officer, though authorised by the State Government under Section 11, is bound by the statute’s limits.

Declaring the sealing action ultra vires and illegal, the Court directed authorities to remove the seal and restore the shop to its original condition.

Read Details / a day ago

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Orissa High Court Refuses to Entertain PIL Against MLAs’ Salary Hike Bill

The Orissa High Court declined to interfere in a PIL questioning the constitutional propriety of the Odisha Legislative Assembly Members’ Salary, Allowances and Pension (Amendment) Bill, 2025, which proposes enhanced monthly packages of Rs 3.45 lakh for MLAs.

The package, to be implemented retrospectively from June 5 last year, would also entitle MLAs to arrears of nearly Rs 65 lakh.

The Court termed the petition premature because the related bill is pending the governor’s assent and has not become law.

It observed that courts have no power to judicially review the validity of a legislative bill before its enactment.

Read Details / a day ago

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Delhi High Court Grants Ex-Parte Injunction to Pawan Kalyan Against Misuse of Name, Image and AI Deepfakes

The Delhi High Court granted an ex parte ad-interim injunction to actor and Andhra Pradesh Deputy CM Pawan Kalyan, restraining the misuse of his name, image, voice, and likeness for commercial gain without consent.

The Court held that unauthorised merchandise, impersonation pages, generative AI content, and deepfakes violate his personality and publicity rights.

It ordered e-commerce platforms to delist infringing products and disclose seller KYC details, directed intermediaries to disable access to offending links, and asked websites to take down links within a week. Google and Meta were directed to share subscriber and IP login details to identify anonymous violators.

The matter is listed before the Joint Registrar on February 9 for completion of pleadings

Read Details / a day ago

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Delhi High Court Registry Refuses Deletion of Akshay Kumar, PVR and INOX in Bata Defamation Suit

The Delhi High Court registry refused to drop Akshay Kumar, PVR, and INOX from Bata India Ltd.’s defamation suit over the 2016 trailer of Jolly LLB 2, holding their presence necessary for proper adjudication.

The suit concerns a sarcastic monologue in the trailer that expressly used the brand name “Bata.” The defendants argued they were impleaded with mala fide intent, relying on CBFC certification and the limited role of exhibitors.

Bata contended that the trailer was commercially exploited and damaged its reputation.

The registry held that issues of evidence, jurisdiction and legal obligations raise triable questions that can only be examined at trial, and dismissed all deletion applications.

[Bata India Ltd. v. Subash Kapoor & Ors.]

Read Order / a day ago

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Kerala High Court: Bail Conditions Cannot Force Foreign Nationals to Stay in Detention or Transit Homes

The Kerala High Court held that criminal courts cannot impose a bail condition requiring foreign nationals to remain in detention or transit homes until the trial ends.

The Court said such conditions defeat the very purpose of bail by continuing confinement without statutory backing. It noted that bail conditions must only ensure the accused’s presence during trial and prevent interference with the investigation.

The Court also reiterated that statutory bail is a fundamental right and cannot be diluted through onerous conditions.

It set aside the transit home requirement and directed the FRRO to consider appropriate restrictions after hearing the accused.

[Apple Barua v. State of Kerala]

Read Details / a day ago

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Kota Consumer Commission Orders Forensic Test of Salman Khan’s Alleged Signature in Pan Masala Ad Case

The District Consumer Disputes Redressal Commission in Kota has ordered a forensic examination of actor Salman Khan’s alleged signature on documents linked to a pan masala advertisement.

The direction was issued while hearing a consumer complaint alleging misleading endorsement and unfair trade practices. The Commission said a forensic test was necessary to determine whether the actor had authorised the use of his name and signature in the promotional material.

It observed that establishing the authenticity of the documents is crucial for fixing liability in the case.

The Commission directed the concerned authorities to conduct the examination and submit a report, after which further proceedings will continue.

Read Details / a day ago

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Singer Jubin Nautiyal Moves Delhi High Court Seeking Protection of Personality Rights

Singer Jubin Nautiyal has approached the Delhi High Court seeking protection against the unauthorised use of his name, image, and voice, particularly in the digital space.

The petition raises concerns over voice imitation, fake social media accounts, and unlicensed merchandise being circulated without his consent.

Nautiyal has sought recognition of his persona as a legally protected personality right and prayed for declaratory and injunctive relief to restrain such misuse. The petition has been filed and is likely to be taken up after the court reopens following holidays.

Nautiyal stated that the move aims to safeguard not only his identity but also the dignity of artistes more broadly.

Read Details / a day ago

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