Allegation Of Illicit Relationship Does Not Divest A Woman Of Her Legal Status As Widow: Allahabad High Court

The Allahabad High Court has held that once the marriage of a woman and the death of her husband are admitted, her status as his widow follows as a legal consequence and is not lost merely because she is alleged to have formed a relationship with another man after the husband's death.Justice Anil Kumar-X held“The status of widow is a legal status arising from marriage and the death of...

Kerala High Court Orders Re-Trial In Convict's Appeal After Finding Trial Court Acquitted Him Of Attempt To Rape Despite Victim's Sterling Testimony

The Kerala High Court recently ordered re-trial while considering a convict's appeal after finding that the trial court acquitted him of 'attempt to rape' charges despite the victim giving a sterling testimony. [2026 LiveLaw (Ker) 588]Justice A. Badharudeen further clarified that though an appellate court cannot suo motu enhance the conviction or punishment awarded to an accused while...

'Clear Embargo On Taking Cognizance Without Hearing Accused': Patna High Court Quashes Cognizance Order, Calls Violation Of Section 223(1) BNSS A Serious Legal Infirmity

The Patna HC has held that the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 creates a clear embargo on a Magistrate taking cognizance of an offence without first affording the accused an opportunity of being heard. The Court held that violation of this requirement, which incorporates principles of natural justice, is a serious legal infirmity and cannot be treated...

Mere Proximity In Time & Sameness Of Accused Can't Justify Joint Trial When Places Of Occurrence & Victims Are Different: Supreme Court

The Supreme Court has held that the mere fact that two alleged incidents occurred in close proximity in time and involved the same set of accused would not, by itself, justify a joint trial when the places of occurrence and the victims were different. A bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar set aside the Allahabad High Court's order directing a joint trial in two...

Arbitration Clause Does Not Bar Criminal Case : Supreme Court

The Supreme Court has recently held that the existence of an arbitration clause in an agreement does not bar criminal proceedings. It further observed that courts must first examine whether the allegations disclose the essential ingredients of the offence.A bench of Justice Vikram Nath and Justice Sandeep Mehta observed so while hearing an appeal against a Gauhati High Court order refusing...

No HC Leave Required Under Section 378(3) CrPC To Appeal Acquittal Before Sessions Court: Bombay High Court

The Bombay High Court has held that an appeal against acquittal filed before the Sessions Court under Section 378(1)(a) of the Code of Criminal Procedure, 1973, does not require leave of the High Court under Section 378(3). The Court observed that the amendment to Section 378 changed only the procedural forum for filing an appeal and did not affect the substantive right of...

Additional Public Prosecutor Not State Employee; Cannot Be Prosecuted As 'Public Servant' Under PC Act: Bombay High Court

The Bombay High Court has upheld the discharge of an Additional Public Prosecutor accused of demanding a bribe, holding that an Additional Public Prosecutor appointed on a tenure basis is not a public servant for the purposes of prosecution under the Prevention of Corruption Act, 1988. The Court relied on the Supreme Court's ruling in State of U.P. v. Johri Mal, which distinguishes...

Supreme Court Criticises Allahabad High Court For Casually Granting Probation To Convicts In Brutal Attack Case

'Nature of offence' and 'character of offender' must guide probation, the Court stated

False Representation Of Superior Court Order Is Among Gravest Species Of Fraud: Patna High Court Cancels Bail

The Patna HC has held that falsely representing the purport of a superior court's order before a subordinate court to obtain bail amounts to a grave form of fraud and vitiates the bail order at its inception. The Court accordingly cancelled the bail granted to an accused after finding that he had falsely claimed that an earlier order of the High Court permitted him to renew his bail plea...

Sabarimala Gold Theft: Kerala High Court Rejects Accused Jeweller Govardhan's Plea For Permission To Travel Abroad

The Kerala High Court on Thursday (October 15) rejected the pleas moved by Sabarimala Gold Theft accused Roddam Pandurangaiah Naga Govardhan seeking permission to travel abroad for his daughter's graduation. [2026 LiveLaw (Ker) 582]Justice A. Badharudeen dismissed the pleas, which were preferred after the Enquiry Commissioner and Special Judge, Kollam refused to release his passport or to...

'Sordid State Of Affairs': Allahabad High Court Says UP Police Are A 'Law Unto Themselves', Declares Man's Detention Unlawful

The Allahabad High Court has once again criticized the Uttar Pradesh Police over the unlawful detention of a man before his formal arrest, observing that the police appeared to be acting as a "law unto themselves". A Bench of Justice Atul Sreedharan and Justice Achal Sachdev allowed a habeas corpus petition filed by a man while holding his detention in police custody to be 'unlawful'. The...

Kerala High Court Rejects Former CM Pinarayi Vijayan's Plea To Challenge Vigilance FIR Direction In CMRL-Exalogic Case

The Kerala High Court on Thursday (October 15) refused to grant permission to former Chief Minister Pinarayi Vijayan, daughter Veena T. and son-in-law/ex-Minister Muhammed Riyas to appeal against the Single Bench order directing Vigilance FIR against them in CMRL-Exalogic pay off case. [2026 LiveLaw (Ker) 580]The Division Bench of Justice K. Natarajan and Justice Johnson John today dismissed...