Can Owner Of Uninsured Vehicle Involved In Accident Get Interim Custody By Furnishing Property As Security? Kerala High Court Answers

The Kerala High Court, in a recent decision, considered the question as to whether the owner of a vehicle involved in a motor accident can get interim custody by furnishing property as security if there is no third-party insurance coverage. [2026 LiveLaw (Ker) 360]Justice C.S. Dias was considering a plea by a vehicle owner alleging that the condition imposed by the Magistrate asking him...

When Can A Judgment Be Declared 'Per Incuriam'? Supreme Court Explains

The Supreme Court on Tuesday reiterated that the doctrine of per incuriam is an exception to the rule of stare decisis and can be invoked only in limited circumstances, holding that a judgment may be declared per incuriam if its ratio is irreconcilable with an earlier decision rendered by a Bench of equal or larger strength or if it was delivered without considering a relevant...

Compensation In Motor Accidental Death Cases: How It Is Calculated

In Shishupal @ Shish Ram And Ors. v. Surjeet And Ors. 2026, the Supreme Court recognised 'loss of domestic care' as an additional ground for compensation in Motor Accident Claims. By acknowledging the elevated status of a 'housewife' as a 'homemaker', the Court significantly increased the compensation awarded by the Motor Accident Claims Tribunal from Rs. 8.43 lakh to Rs. 66.70 lakh for the...

Is Arrest Illegal If Person Isn't Supplied Earlier Charge Sheet Filed Against Co-Accused? Bombay High Court Answers

The Bombay High Court recently held that the arrest of a person after the filing of chargesheet against already arrested co-accused is not illegal merely because the arrested person was not provided with a copy of the chargesheet along with the grounds of arrest. [2026 LiveLaw (Bom) 302]Sitting at the Kolhapur seat, the division bench of Justice Vrushali Joshi and Justice Sandesh Patil...

Why Ayodhya Lawyers' Refusal To Represent Accused In Ram Mandir Donation Theft Case Violates Law

In the wake of alleged embezzlement of donations received by the Shree Ram Janmbhoomi Teertha Kshetra Trust for Ayodhya's Ram Mandir, the Faizabad/Ayodhya Bar Association in Uttar Pradesh recently passed a resolution restraining its members from representing the accused.The resolution stated that none of its members would represent persons arrested in connection with the alleged...

Can Production Warrant Override A Subsisting 'No Coercive Action' Order? Orissa High Court Answers

The Orissa High Court has held that a 'production warrant' under Section 267 of the Code Criminal Procedure (CrPC) cannot be issued against an accused, violating an interim protection order of the higher Court, merely because he is already lodged in the judicial custody in connection with another case. [2026 LiveLaw (Ori) 65]While setting aside production warrant and subsequent police...

Can State Minority Commission Pass Eviction Orders? Kerala High Court Answers

The Kerala High Court recently upheld the finding of a Single Bench on the point that the State Minority Commission cannot bypass the jurisdiction of a civil court and pass eviction orders. [2026 LiveLaw (Ker) 345]The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. was considering an appeal filed challenging a decision of the Single Judge that set aside an...

Can Remarriage During Pendency Of A Delay-Condoned Divorce Appeal Be Treated As Void? Kerala High Court Explains

The Kerala High Court has recently considered a question as to whether the remarriage of a party during the pendency of divorce appeal under the Hindu Marriage Act, in which delay was condoned, would be void. [2026 LiveLaw (Ker) 343]The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. was considering an appeal filed by a husband/appellant challenging a decree...

Dowry Deaths : How Supreme Court Has Repeatedly Raised Concerns Over Continuing Dowry Menace

The death of Twisha Sharma in Bhopal, which prompted the Supreme Court to initiate suo motu cognisance of allegations of institutional bias and procedural lapses and a CBI investigation, and the death of Deepika Nagar in Greater Noida amid allegations of dowry harassment have once again brought public attention to the issue of deaths of married women in their matrimonial homes.Even...

LiveLaw Explainer| Key Principles Of Constructive Res Judicata

The Supreme Court has reiterated that the doctrine of constructive res judicata, embodied in Explanation IV to Section 11 of the Code of Civil Procedure, is aimed at preventing parties from litigating in instalments and ensuring finality in judicial proceedings. Drawing from a long line of authorities including Kameswar Pershad v. Rajkumari Ruttun Koer, Daryao v. State of Uttar Pradesh 1961...

Child Of Present Indian Citizen Eligible For Citizenship By Registration U/S 5(1)(f): Telangana HC Rejects Centre's 'Former Citizen' Interpretation

The Telangana High Court has held that the phrase “was earlier citizen of independent India” under Section 5(1)(f) of the Citizenship Act, 1955 is not confined only to former Indian citizens, but also includes persons who presently continue to hold Indian citizenship. [2026 LiveLaw (Tel) 89]Section 5 pertains to citizenship by registration and 5(1)(f) states that the Central Government...

Can Customer Of Sex Worker Be Prosecuted For Trafficking? Telangana High Court Explains Scope Of Sections 370 & 370A IPC

The Telangana High Court has held that a customer of a sex worker cannot be prosecuted for the offence of trafficking under Section 370 of the IPC; however the customer can be prosecuted under Section 370A(2) IPC if the sex worker is a trafficked person and the customer had knowledge or reason to believe the same. [2026 LiveLaw (Tel) 88]For context, Section 370 IPC states that whoever, for...