Criminal Law
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...
Patna High Court Quashes Cognizance Order Passed On Printed Proforma, Says Judicial Orders Can't Be Mechanical
The Patna High Court has quashed a Magistrate's cognizance order in a criminal case after finding that it had been passed by merely filling in the blanks on a printed proforma, and did not reflect application of judicial mind. Justice Chandra Shekhar Jha observed that a Magistrate is not required to pass a detailed reasoned order at the stage of taking cognizance, but the order must reflect...
'Despicable': Bombay High Court Upholds Removal Of RPF Constable After Viewing Viral Molestation Video
The Bombay High Court has upheld the removal from service of a Railway Protection Force (RPF) constable after personally viewing a viral video of him allegedly inappropriately touching a woman passenger at Kalyan railway station in 2018. Holding that the video clearly established his intention to outrage the woman's modesty, the Court observed that despite being entrusted with...
Whistling At Child, Pulling Her Hand May Be Harassment, Not Sexual Assault: Madras High Court
The Madras High Court recently held that whistling at a minor girl and pulling her hand when she did not to respond is not sexual assault. The court said that such acts could only be termed as harassment and not assault. [2026 LiveLaw (Mad) 361] “From the statements of witnesses and materials available on record, it is seen that the petitioner pulled the victim by his hand,...
Witness Testimony Recorded Without S.299 CrPC Order Can't Be Later Used Against Accused Who Absconded : Supreme Court
The Supreme Court on Friday (July 31) observed that evidence recorded in a trial against one accused cannot be used against an absconding accused in a subsequent trial unless an order under Section 299 Cr.P.C. / Section 335 BNSS was passed establishing the two jurisdictional facts, i.e., the accused was absconding and that there was no immediate prospect of arresting him. A bench...
Allahabad High Court Acquits Husband Sentenced To Life Term For Killing Wife In 1979, Cites 4-Year Delay In FIR
The Allahabad High Court on Thursday acquitted a man who had been sentenced to life imprisonment for the alleged murder of his wife in 1979 after finding that there was an unexplained delay of more than 4 years in lodging the FIR, coupled with contradictory medical evidence regarding the cause of death.Observing that the prosecution had not been able to establish the guilt of the...
AP High Court Orders ACB Probe Into Alleged Fraud On Court In Land Dispute Case, Questions Lawyers' Conduct
The Andhra Pradesh High Court recalled an order disposing of two writ petitions relating to a valuable piece of land in Kakinada and has directed the Anti-Corruption Bureau to inquire into the allegations of the order being obtained by playing "fraud" on the court. [2026 LiveLaw (AP) 167]A Single Judge Bench of Justice Harinath N allowed the review petitions filed by Jayendra Nagar...
Madras High Court Issues Guidelines For Direct Bank Transfer Of Compensation In Motor Accident Cases
The Madras High Court has issued directions for disbursing compensation in motor accident cases by way of direct bank transfer. [2026 LiveLaw (Mad) 360] The bench of Justice N Sathish Kumar and Justice M Jothiraman directed the Registrar General of the Madras High Court to issue a circular, after obtaining necessary administrative sanction from the Chief Justice, to all Motor...












