Criminal Law
Rajasthan High Court Takes Suo Motu Cognizance After Woman Prisoner Dies Post Denial Of Medical Parole
Rajasthan High Court took suo moto cognisance of a matter in which parole was denied to a woman-prisoner who was suffering from chronic comorbidities, heart failure, and cardiac & pulmonary disorders, which ultimately led to her demise. The bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit took note of the fact that the interpretation of the Rajasthan...
Impersonation Complete Upon Entry Into Exam Hall With Another's Admit Card, Even If Caught Before Writing Exam: Gujarat High Court
The Gujarat High Court has said that the moment a person enters an examination hall carrying the admit card of the candidate he is impersonating, the offence of cheating by personation is fulfilled and the accused being caught prior to actual holding of exam makes no difference. [2026 LiveLaw (Guj) 215]Justice Nisha M Thakore in her order said:"the very fact that the applicant No. 2 pretended...
Wife's Inability To Establish Cruelty Doesn't Necessarily Mean She Left Matrimonial Home Without Reason: Gujarat High Court
The Gujarat High Court has held that mere inability of a wife to establish allegations of cruelty would not mean that she left the matrimonial home without sufficient cause and that each case must be considered as per evidence. [2026 LiveLaw (Guj) 214]The court said this while upholding a family court order rejecting a woman's maintenance claim, after finding that she had voluntarily left...
Andhra Pradesh High Court Quashes Preventive Detention Over 'Stale' Grounds, Ignored Bail Orders
Reiterating that preventive detention is an exceptional measure, the Andhra Pradesh High Court has held that it cannot be invoked on the basis of stale criminal cases that have lost their "live and proximate link" with the need for detention. [2026 LiveLaw (AP) 176]The Court also held that where the detenu has already been granted bail in the criminal cases forming the basis of the...
Trial Court Cannot Examine Witness At Pre-Cognizance Stage To Generate Fresh Evidentiary Material: Allahabad High Court
The Allahabad High Court has held that a trial court cannot examine a witness at the pre-cognizance stage to generate fresh evidentiary material, as such a course is "wholly" outside the scheme of Section 190 CrPC.A Bench of Justice Santosh Rai observed that a court which has not yet taken cognizance does not possess a "free-standing power" to collect additional or corroborative evidence, as...
Proof Of Saptapadi Ceremony Not Required At Cognizance Stage In Bigamy Complaint: Uttarakhand High Court
The Uttarakhand High Court has refused to quash criminal proceedings for the offence of bigamy under Section 494 of the Indian Penal Code, holding that whether the essential ceremonies of the alleged second marriage, including Saptapadi, were performed is a matter of trial and “cannot be gone into at the primary stage of taking cognizance”.Relying on the Supreme Court's decision in...
Loan Amount Not 'Entrusted Property'; Mere Failure To Repay Doesn't Constitute Criminal Breach Of Trust: Jharkhand High Court
The Jharkhand High Court has held that money advanced as a loan cannot be treated as property “entrusted” to the borrower for the purpose of constituting criminal breach of trust under Section 406 of the Indian Penal Code. The Court observed that a borrower is free to use the loan amount, unlike a person who receives property through entrustment and must deal with it subject to the...
Kerala High Court Denies Pre-Arrest Bail To Man Booked For 'Threatening' Social Media Posts Against Police Officer & Family
The Kerala High Court recently denied bail to Arjun A., who had allegedly threatened Kothamangalam SHO on social media and had sent sexually explicit messages to his family members. [2026 LiveLaw (Ker) 430]Dr. Justice Kauser Edappagath remarked that the accusation against Arjun was serious and that pre-arrest bail cannot be granted as a matter of course.“Perusal of the case diary reveals...
'Wolf In White Coat': Karnataka High Court Restores Doctor's Suspension In Sexual Harassment Case, Pulls Up IAS Officer For Protecting Him
The Karnataka High Court has set aside the revocation of suspension of Dr. Ashwin Hebbar, an Associate Professor accused of sexually harassing his postgraduate students. [2026 LiveLaw (Kar) 285]The Division Bench of Justice D K Singh and Justice T M Nadaf also directed disciplinary action against senior officials who, it found, had attempted to protect the doctor, including Mohammed Mohsin,...
Writing 'Allowed' On Margin Of Delay Condonation Plea Without Reasons Is Not A Valid Judicial Order: Patna High Court
The Patna High Court has held that merely writing “Allowed” on the margin of an application seeking condonation of delay, without recording any reasons or drawing an order-sheet, cannot be treated as a valid judicial order. The Court consequently quashed the cognisance order and all consequential proceedings in a cheque dishonour complaint filed after a delay of 118 days.A Single Judge...
ECIR Can Be Challenged Under Article 226, ED Can't Take Shelter Behind 'Internal Document' Label: Karnataka High Court
The Karnataka High Court on Wednesday (August 5) held that an Enforcement Case Information Report (ECIR) can be challenged under Article 226 of the Constitution and that the Enforcement Directorate (ED) cannot place it beyond judicial scrutiny by merely describing it as an "internal administrative document". [2026 LiveLaw (Kar) 284]“….The constitutional jurisdiction under Article 226...
Chhattisgarh High Court Refuses Bail To Husband Accused Of Driving Pregnant Wife To Suicide Over Dowry Demand
The Chhattisgarh High Court has refused to grant regular bail to a husband accused of continuously subjecting his wife to physical and mental cruelty on account of dowry demand, leading to her suicide. The Court observed that at the stage of considering a bail application, issues such as delay in registration of the FIR and alleged inconsistencies in the witnesses' statements are matters...












