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...

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...

'No Sexual Intent': Bombay High Court Drops POCSO Charge Against Youth Booked For Slapping, Abusing Minor In Filthy Language

The Bombay High Court recently dropped the sexual harassment charge under stringent Protection Of Children from Sexual Offences (POCSO) Act against a 25-year-old boy, who was booked for allegedly slapping and abusing a minor girl in filthy language.Single-judge Justice Shivkumar Dige noted that the incident took place in 2020, when the applicant - Prasad Bade was 19 year old and the victim...

Cheque Dishonour | Defence That Complainant Lacks Financial Capacity Ought To Be Raised In Accused's Reply Notice : Supreme Court

The Supreme Court has held that the initial burden of raising a defence that the complainant lacked the financial capacity to advance a loan rests on the accused and must ordinarily be taken in the reply to the statutory demand notice issued under Section 138 of the Negotiable Instruments Act. If no such plea is raised at that stage, the complainant cannot later be expected to lead...

Cheque Bounce: Karnataka High Court Refuses Fresh Trial Of Convict Who Skipped Cross-Examination 12 Times, Imposes ₹1 Lakh Costs

The Karnataka High Court has refused to remand a cheque bounce case under Section 138 Negotiable Instruments Act (NI Act) after finding that the convict had repeatedly failed to cross-examine the complainant and lead any defence evidence, holding that the case was a “classic example of abuse of process.” [2026 LiveLaw (Kar) 282]Justice HP Sandesh was hearing a revision petition...

Rajasthan High Court Grants First Parole To Asaram After Over 13 Years In Jail, Says State's Objections 'Figments Of Imagination'

Rajasthan High Court granted Asaram 20-day parole–following an order upholding his conviction for raping a minor, in light of his age as well as the fact that he had spent more than 13 years in incarceration.The division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit rejected the grounds on which the parole application was rejected by the concerned...

Madras High Court Rejects ED's Plea To Transfer Former Minister Anitha Radhakrishnan's Disproportionate Assets Trial To PMLA Court

The Madras High Court recently dismissed a plea by the Enforcement Directorate seeking to transfer trial in the disproportionate asset case against former Minister and sitting MLA Anitha Radhakrishnan, to the Special Court for PMLA cases in Madurai. [2026 LiveLaw (Mad) 365] ED had sought transfer of the case from Thoothukudi Sessions Court to the Special Court in Madurai, where it has...

Deceased's Car Hitting Offending Vehicle From Behind Not Contributory Negligence In Absence Of Evidence: AP High Court

Enhancing a motor accident award, the Andhra Pradesh High Court said that deceased's car dashing into the offending vehicle from behind is not enough for Insurance Company to claim contributory negligence in absence of rebuttal evidence particularly of the offending vehicle's driver. [2026 LiveLaw (AP) 174]Dismissing an appeal filed by the insurer, the Division Bench comprising Chief Justice...

Failure To Place Relevant Material Before District Magistrate Vitiates Preventive Detention Order: Andhra Pradesh High Court

The Andhra Pradesh High Court set aside a preventive detention order after observing the relevant material was not placed before the District Magistrate while passing the detention order. [2026 LiveLaw (AP) 173]Holding that such non-consideration vitiates the detention, the Court set aside both the detention order and the Government's confirmation order, while leaving it open to the...

'Advice' To Pay Cheque Amount Is Legally A Demand If Notice Clearly Seeks Payment: Gauhati High Court

The Gauhati High Court has held that a statutory notice issued under Section 138 of the Negotiable Instruments Act, 1881 need not expressly use the word "demand" to satisfy the legal requirement. A notice advising or requesting the drawer to pay the cheque amount would be sufficient if, read as a whole, it clearly conveys the requirement to make payment.Justice Sanjeev Kumar Sharma made...

Trustee Can Face Cheque Bounce Case Even If Trust Isn't Made Accused: Orissa High Court

The Orissa High Court has reiterated that arraigning and issuing demand notice to the concerned trustee, who issued a cheque on behalf of the trust, is sufficient and the trust need not be impleaded as an accused in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881 (the 'NI Act'). [2026 LiveLaw (Ori) 90]Negating a plea brought under Section 482 of the CrPC...

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...