1. Where Does Free Speech End and Vulgarity Begin? Supreme Court Explores Limits in Beer Biceps Case
The Supreme Court indicated it may expand the scope of the Beer Biceps case to examine whether additional safeguards are needed to prevent obscene content from being broadcast online under the pretext of free speech. The Court sought suggestions from Solicitor General Tushar Mehta on measures that balance freedom of expression with the need to regulate obscenity. This move signals a potential shift in how online content is monitored while ensuring constitutional protections for free speech remain intact.
2. Advocates Not Required to Verify Authenticity of Power of Attorney: Supreme Court
The Supreme Court recently ruled that lawyers are not obligated to verify the genuineness of a power of attorney provided by their clients. The judgment came in response to a plea by an advocate seeking discharge from a criminal trial where he was implicated in a cheating and forgery case. The Court emphasised that legal professionals cannot be held liable for verifying documents beyond their duty, reinforcing the principle that lawyers act based on trust in their clients' representations.
3. Visually Impaired Candidates Eligible for District Judiciary: Supreme Court
The Supreme Court ruled that visually impaired candidates are eligible for appointment to the district judiciary. The judgment was delivered in a batch of petitions, including a suo motu case addressing the denial of reservations to such candidates in judicial services across certain states. The Court’s decision reinforces equal opportunity and inclusivity in the legal profession, ensuring that visually impaired individuals are not unfairly excluded from judicial appointments.
4. Breastfeeding in Public Should Not Be Stigmatised; State Must Provide Facilities: Supreme Court
In a landmark judgment on women's rights, the Supreme Court ruled that breastfeeding in public spaces should not be stigmatised and that the State has an obligation to provide adequate facilities for mothers. The Court emphasised that ensuring a supportive breastfeeding environment is essential for maternal and child health. It directed the government to implement measures such as designated public breastfeeding areas, reinforcing mothers' right to nurse without fear or discomfort.
5. Non-Executive, Independent Directors Not Liable in NI Act Cases: Supreme Court
The Supreme Court ruled that non-executive and independent directors cannot be held liable in cases under the Negotiable Instruments Act unless specific allegations prove their direct involvement. The Court quashed criminal proceedings against two non-executive directors of Blue Coast Hotels & Resorts Ltd., reaffirming that such directors cannot be vicariously held responsible for cheque dishonour cases. This judgment reinforces legal protection for independent directors, ensuring liability is based on actual participation in company affairs.
6. Supreme Court Quashes Rape Case Against Ex-Army Officer, Cites Abuse of Law
The Supreme Court recently quashed a rape case against retired Army officer and author Rakesh Walia, ruling that the complaint was an abuse of the legal process. The Court noted that the alleged victim had filed eight similar cases against others, raising serious doubts about the credibility of the accusations. This judgment reinforces the need for scrutiny in criminal cases to prevent the misuse of legal provisions while ensuring justice is served fairly.
7. Detaining Authority Must Provide Separate Grounds for Preventive Detention: Supreme Court
The Supreme Court recently ruled that preventive detention orders must be based on the detaining authority's independent application of mind, rather than merely relying on proposals forwarded by the police. The Court emphasised that authorities must clearly spell out separate and distinct grounds for detention, ensuring due process and preventing arbitrary deprivation of liberty. This judgment reinforces the need for procedural fairness in preventive detention cases.
8. Heera Gold Scam: Supreme Court Warns Nowhera Shaik to Return 25 Crore or Face Jail
The Supreme Court sternly warned Nowhera Shaik, Managing Director of Heera Gold Exim Pvt. Ltd., directing her to return 25 crore to investors or face imprisonment. A Bench comprising Justice JB Pardi Wala and Justice R Mahadevan stated that her bail would be cancelled if she failed to comply. The case involves allegations of large-scale fraud and cheating of investors nationwide, with the Court emphasising accountability and investor protection.
9. Supreme Court Outlines Key Factors for Deciding Transfer Petitions
The Supreme Court laid down essential factors to be considered when deciding transfer petitions in criminal cases. The Court emphasised that the power to transfer trials must be exercised cautiously and only in exceptional circumstances necessary to ensure a fair and credible trial. This ruling clarifies when and how courts should intervene to shift cases, balancing the rights of the accused and the interests of justice.
10. Supreme Court Allows Pune Eatery to Use ‘Burger King’ Name for Now
The Supreme Court stayed a Bombay High Court order that had barred a Pune-based restaurant from using the name ‘Burger King.’ The dispute involves US-based Burger King Corporation, which entered the Indian market in 2014, while the Pune eatery has been operating under the same name since 2008. The Court’s interim relief allows the local business to continue using the brand name pending further legal proceedings.
