Criminal Law
Fake Aadhaar, PAN Cards For Illegal Bangladeshi Immigrants Prima Facie Endanger India's Sovereignty: Karnataka High Court
The Karnataka High Court has observed that facilitating fake Aadhaar and PAN cards for illegal immigrants from Bangladesh prima facie amounts to an act endangering the sovereignty, unity and integrity of India under Section 152 of the Bharatiya Nyaya Sanhita (BNS). [2026 LiveLaw (Kar) 276]The single judge bench of Justice S Vishwajith Shetty thus dismissed the bail plea of Sidul Mandal,...
Last Seen Theory Alone Cannot Sustain Murder Conviction: Allahabad High Court Acquits Three In 1996 Double Murder Case
The Allahabad High Court last week set aside the conviction of 3 men in a 1996 double murder case while observing that a conviction in a case based on circumstantial evidence cannot be sustained solely on the "last seen together" theory/evidence unless every link in the chain of circumstances is proved beyond a reasonable doubt.The Court found that in this case, the prosecution had failed...
Can CBI Re-Arrest Accused Granted Bail On Technical Grounds Without First Obtaining Bail Cancellation Order? Gauhati High Court Answers
The Gauhati High Court has held that an investigating agency can re-arrest an accused who was granted bail on procedural technicalities rather than on merits, without first obtaining an order cancelling the bail.Justice Sanjeev Kumar Sharma dismissed a criminal petition challenging a Special Judge's order issuing a production warrant and permitting the Central Bureau of Investigation (CBI)...
Section 141 NI Act Inapplicable To Sole Proprietorships; Family Members Can't Be Prosecuted As 'Partners': Calcutta High Court
The Calcutta High Court has held that the vicarious liability provision under Section 141 of the Negotiable Instruments Act, 1881 cannot be invoked against family members of the proprietor of a sole proprietorship concern, reiterating that a sole proprietorship has no separate legal identity and is outside the ambit of the provision.The Court further held that criminal liability under Section...
'Judicial Harakiri': Orissa High Court Criticizes Magistrate For Ignoring Direction To Decide Maintainability Of Cheque Bounce Case
The Orissa High Court has criticized a Judicial Magistrate First Class (JMFC) for dismissing a petition seeking to decide the preliminary question of maintainability of a cheque bounce case brought under Section 138 of the Negotiable Instruments Act, 1881 (the 'NI Act'), despite a clear direction from the High Court to decide the same. [2026 LiveLaw (Ori) 89]A Bench of Justice V. Narasingh...
Mere Running Away From Police Not 'Use Of Criminal Force': Karnataka High Court Quashes Assault Case Against Youth
The Karnataka High Court has quashed criminal proceedings against a 24-year-old man, accused of assaulting police personnel, while observing that merely running away from police cannot constitute 'use of criminal force' under Section 353 [Assault or criminal force to deter public servant from discharge of his duty] of the IPC. [2026 LiveLaw (Kar) 275]The single judge bench of Justice...
Allahabad High Court Upholds Life Term Of Father, Brother In 'Honour Killing' Of 2 Minor Girls; Relies On Pre- & Post-Crime Conduct
The Allahabad High Court last week affirmed the conviction and life sentence of a father and his son for the 'Honour Killing' of 2 minor girls after finding the appellants' conduct before and after the commission of the crime to be "highly relevant" under Section 8 of the Indian Evidence Act, 1872.A Bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi thus dismissed the criminal appeal...
Remission Plea Can't Be Rejected By Mechanically Relying On DM, SP's Adverse Opinions: Chhattisgarh High Court
The Chhattisgarh High Court has held that an application for remission or premature release cannot be rejected solely on the basis of mechanical adverse opinions of the District Magistrate and Superintendent of Police while ignoring favourable recommendations of the Presiding Judge and Jail Superintendent. The Court observed that the appropriate Government is required to independently assess...
Mere "Seen" Endorsement By Magistrate On Seized Narcotics Not Substantial Compliance U/S 52A NDPS Act: Uttarakhand High Court
The Uttarakhand High Court has observed that a Magistrate's mere endorsement of "seen" on an inventory of seized narcotic substances does not amount to substantial compliance with the certification requirements under Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985, read with Rule 8 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and...
Rajasthan High Court Calls For Legal Training Of Police On Age Determination In POCSO, Juvenile Cases
The Rajasthan High Court has observed that the Rajasthan Director General of Police (DGP) should consider imparting extensive legal training to investigating officers handling POCSO cases and matters relating to juveniles, after finding that the statutory procedure for age determination had not been followed in a case before it.The Bench of Justice Ashok Kumar Jain made the observation...
S. 451/457 CrPC | Decision On Interim Release Not Based On Title, Court Only Sees Who Entitled To Possession : Supreme Court
The Supreme Court has clarified that the power of the courts to order an interim release of a seized material under the Cr.P.C / BNSS is not an adjudication of ownership, but a prima facie assessment of who is best entitled to possession.“The exercise of this power requires the Court to make only a prima facie assessment of who is best entitled to possession, having regard to the nature of...
AP High Court Enhances Motor Accident Compensation, Says Depreciation Can't Be Deducted On New Spare Parts Used In Repairs
The Andhra Pradesh High Court has held that while assessing compensation for damage to a vehicle in a motor accident claim, depreciation should not be deducted during calcuation where new spare parts are necessarily used to restore the vehicle to a roadworthy condition. [2026 LiveLaw (AP) 169]The Court further held that the owner of the damaged vehicle is also entitled to compensation...












