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2. Supreme Court refuses to suspend Tarun Tejpal's sentence; grants leave to State of Goa for sentence enhancement

The Supreme Court declined the application for suspension of sentence filed by Tarunjit Tejpal in Tarunjit Tejpal v. State of Goa (Criminal Appeal No. 4082/2026). The Court ruled that based on a prima

Supreme Court refuses to suspend Tarun Tejpal's sentence; grants leave to State of Goa for sentence enhancement

The Supreme Court declined the application for suspension of sentence filed by Tarunjit Tejpal in Tarunjit Tejpal v. State of Goa (Criminal Appeal No. 4082/2026). The Court ruled that based on a prima facie view of prosecution evidence and apology emails/text messages, there was no motive on the part of the prosecutrix to implicate Tejpal, holding that it was not a fit case for suspension. In the same order, the Supreme Court granted leave to the State of Goa seeking an enhancement of the sentence. Tejpal was convicted by the Goa High Court and sentenced to 10 years in a 2013 sexual offence case, following the High Court's reversal of the trial court's acquittal.

3. Bombay High Court allows surrogacy where wife over 50 but husband within age limit

The Bombay High Court held that a married couple cannot be denied surrogacy solely because the wife exceeds the statutory upper age limit of 50 years if the husband remains within the permissible age

Bombay High Court allows surrogacy where wife over 50 but husband within age limit

The Bombay High Court held that a married couple cannot be denied surrogacy solely because the wife exceeds the statutory upper age limit of 50 years if the husband remains within the permissible age bracket. A Bench of Justices Bharati Dangre and Ashish Chavan quashed the Nashik Municipal Corporation's order rejecting the application of a 54-year-old woman and her 53-year-old husband for an eligibility certificate under the Surrogacy (Regulation) Act, 2021. The couple had undergone extensive IVF cycles before specialists recommended gestational surrogacy. The civic authority had relied on Section 4(iii)(c)(I) of the Act, which restricts surrogacy to couples where the woman is aged 23 to 50 and the man 26 to 55. The Union government defended the cap, citing an expert committee report on reduced caregiving capacities and health risks in advanced parental age. The Court observed that an intending couple acts as a composite unit and that the age-related disqualification of one spouse cannot penalise the other, invoking Article 21 and reproductive rights. It directed the Nashik authorities to grant the eligibility certificate and ordered the district medical board to examine the couple.

4. Delhi High Court limits injunction on Rana Kapoor book to four defamatory passages

The Delhi High Court on Friday modified a trial court interim order and lifted the blanket ban on the sale and circulation of Yes Man: The Untold Story of Rana Kapoor, written by Pavan Chand Lall and

Delhi High Court limits injunction on Rana Kapoor book to four defamatory passages

The Delhi High Court on Friday modified a trial court interim order and lifted the blanket ban on the sale and circulation of Yes Man: The Untold Story of Rana Kapoor, written by Pavan Chand Lall and published by HarperCollins. Justice Harish Vaidyanathan Shankar held that the trial court's findings that four statements in the book were defamatory or derogatory could not justify an injunction against the entire book. The High Court directed that the restraint would apply only to Statements (ii), (iv), (vii) and (x) as identified in the impugned order, and that the remaining portions would not be covered merely because of those findings. The book was released in December 2020, and in July 2024 a Tis Hazari court passed an interim order stopping its sale, holding that it harmed Rana Kapoor's reputation and was not completely based on facts. HarperCollins and the author challenged that order, arguing that Kapoor had not demonstrated specific injury despite years of circulation, that the injunction violated freedom of expression, that the three tests for interim relief were not satisfied, that the book relied on public-domain material and constituted fair comment, and that pre-trial restraint on a literary work amounted to prior censorship. Kapoor contended that the book contained defamatory imputations capable of damaging his reputation, professional standing and dignity and of prejudicing ongoing investigations and trial proceedings, that being a public figure did not deprive him of reputational protection, and that HarperCollins could not escape liability by relying on public-domain material. The High Court ruled that, pending trial of the defamation case, the ban was clearly not warranted, that a total ban tilted the balance in favour of Kapoor's right to social reputation without addressing the other side's constitutional right to freedom of speech and expression, and that a calibrated approach was required. It injuncted the four identified statements while avoiding unnecessary restraint on the remaining contents.

5. Supreme Court says commercial crop cultivation not a forest right, appoints committee on Megamalai FRA claims

The Supreme Court observed that cultivation of a commercial crop cannot be recognised as a forest right to justify occupation or continued presence within a forest area, while appointing a Special Com

Supreme Court says commercial crop cultivation not a forest right, appoints committee on Megamalai FRA claims

The Supreme Court observed that cultivation of a commercial crop cannot be recognised as a forest right to justify occupation or continued presence within a forest area, while appointing a Special Committee headed by former Chief Justice of India BR Gavai to examine claims under the Forest Rights Act in the Megamalai region of Tamil Nadu. The Committee, assisted by an officer of the Central Empowered Committee and the Principal Chief Conservator of Forests, Tamil Nadu, is to supervise and scrutinise the claims and submit its report to the Court in a sealed cover. A Bench of Justice Vikram Nath and Justice Sandeep Mehta rejected the Tamil Nadu Government's contention that silk cotton cultivation in the Megamalai forest area could be justified as traditional minor forest produce under the Forest Rights Act. The State had submitted that silk cotton cultivation had historically been encouraged by government authorities and that the areas were not Reserved Forests in their present notified form when cultivation began. The Court found no material or official notification establishing silk cotton, as a cultivated commercial crop, as minor forest produce under the Forest Rights Act or any other forest law, and noted that Section 3(1)(c) recognises the right to collect, use and dispose of minor forest produce traditionally collected within or outside village boundaries. It observed that planned cultivation of a commercial crop is contrary to the concept of naturally occurring minor forest produce and that permitting commercial crops in forest areas would alter the character of the forest. The Court said the State's claim that silk cotton cultivation was not financed or directed by large commercial enterprises required deeper examination, and clarified that such cultivation cannot by itself establish a forest right. According to State figures, 4,594 persons occupied 5,072.64 hectares of forest land, with silk cotton cultivation spread over 3,637.83 hectares; occupants were classified as those permanently residing and cultivating within the forest, those temporarily residing and cultivating there, and those residing outside the forest boundary but cultivating within it. The Court excluded the latter two categories from consideration under the Forest Rights Act solely on the basis of their cultivation activities, reiterating that the Act requires forest-dwelling Scheduled Tribes and other traditional forest dwellers to satisfy statutory conditions, including primary residence and dependence on forest land for livelihood, and for other traditional forest dwellers occupation for at least three generations or 75 years prior to December 13, 2005. Expressing concern over the State's delay, the Court directed that the remaining Gram Sabhas be constituted within 30 days and that the claims process be completed within five months from their constitution. The State informed the Court that around 40 Gram Sabhas had been constituted and approximately 1,600 claims received. The Special Committee is required to complete scrutiny within two months beyond the outer limit prescribed for adjudication of the claims, and the State was directed to submit monthly progress reports.

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