MINOR ACTS
'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 "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...
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...
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,...
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...
Externment Of Gang Member Under Police Act Requires Satisfaction About Gang's Activities, Not Individual Alone: Bombay High Court
The Bombay High Court has held that the "subjective satisfaction" required for passing an externment order under Section 55 of the Maharashtra Police Act, 1951 against a gang or body of persons is fundamentally different from the satisfaction required under Section 56 for externment of an individual. The Court observed that while Section 55 requires the authority to be satisfied about...
POCSO | Putting Vibrating Machine On Victim's Vaginal Opening Amounts To Penetrative Sexual Assault & Rape: Kerala High Court
The Kerala High Court recently clarified that putting a vibrating machine on the victim's vaginal opening amounts to 'penetrative sexual assault' punishable under the POCSO Act as well as rape punishable under the Indian Penal Code. [2026 LiveLaw (Ker) 416]Justice A. Badharudeen referred to Section 3 of the POCSO Act [Protection of Children from Sexual Offences Act], which defines...
PC Act | Decision To Refuse Prosecution Sanction Can't Be Reviewed On Same Materials : Supreme Court
The Supreme Court recently observed that an order denying sanction to prosecute a public servant under the Prevention of Corruption Act, 1988 cannot be reviewed by the appropriate authority unless fresh material emerges which was not available at the earlier instance. "A mere change of opinion per se on the same materials cannot be a ground for review or reconsideration of an earlier...
Madras High Court Issues Directions To State, Judiciary For Speedy Trial Of Rape & POCSO Cases
The Madras High Court has issued a slew of directions to the State Government and the State judiciary for speeding up the investigation and trial of cases of crimes against women and children. [2026 LiveLaw (Mad) 350] The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan stressed the need to follow the time limit prescribed for completing trial and witness...
NHAI Not A Necessary Party In Motor Accident Compensation Proceedings: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that the National Highways Authority of India (NHAI) and its road contractor are neither necessary nor proper parties in proceedings before a Motor Accident Claims Tribunal (MACT), as the Tribunal is empowered under Section 168 of the Motor Vehicles Act to pass an award only against the insurer, owner or driver of the offending vehicle. The Court...












