Criminal Law
Chhattisgarh High Court Increases Accident Compensation By ₹37 Lakh, Says Victim's IT Returns Cannot Be Discarded During Calculation
The Chhattisgarh High Court has held that Income Tax Returns, once duly produced and exhibited, constitute relevant documentary evidence for determining the income of a deceased while assessing compensation under the Motor Vehicles Act. The Court held that such returns cannot be discarded merely on the ground that the income disclosed therein is based on estimation. [2026 LiveLaw (Chh) 73]Justice Sanjay K. Agrawal was hearing two appeals arising out of the same motor accident. The claimants...
Calcutta High Court Grants Bail To Woman Accused In High-Value NDPS Case, Cites Advanced Stage Of Pregnancy
The Calcutta High Court has granted interim bail to a woman accused in a high-value narcotics trafficking case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, holding that while pregnancy is not by itself a ground for bail, humanitarian considerations relating to the health of the mother and the unborn child justified her temporary release.Justice Tirthankar Ghosh passed...
35 Years On, Rajasthan High Court Enhances Compensation In Electrocution Death Case; Says Electricity Boards Strictly Liable
After around 35 years of the incident, Rajasthan High Court upheld the liability of the State for paying compensation in a case of death by electrocution due to a live wire that had broken and fallen on the ground. The bench of Justice Sandeep Taneja took into account the fact that the electricity line had not been repaired for a long time, and there was also negligence on part of the...
Challenge To Sessions Judge's Transfer Order Lies Under Section 482 CrPC, Not Section 407: Allahabad High Court
The Allahabad High Court has held that where a Sessions Judge allows an application to transfer a criminal case under Section 408 CrPC, the person aggrieved by that order cannot challenge it by filing a fresh transfer application under Section 407 CrPC. It held that order allowing transfer can only be challenged before the High Court under Section 482 CrPC.For context, Section 408 CrPC empowers Sessions Judge to transfer criminal trial/ appeals within his jurisdiction. Section 407 empowers High...
Mere Swear Words & Vulgar Expletives Not Obscenity : Supreme Court Explains Scope Of S.294(b) IPC
Holding that "use of mere swear words, profanities and vulgar expletives, however distasteful or uncivil they may be, cannot be equated with obscenity", the Supreme Court has ruled that abusive or vulgar language by itself does not constitute the offence of obscenity under Section 294 of the Indian Penal Code (IPC). The Court clarified that obscenity in law is distinct from vulgarity, abuse...
POCSO | Can Penetration Be Inferred From Alleged Bleeding When Medical Report Shows No Injury? Allahabad High Court Answers
The Allahabad High Court has observed that the absence of injuries does not, by itself, disprove allegations of rape or penetrative sexual assault; however, inferring penetration from alleged bleeding becomes highly doubtful when a contemporaneous medical report completely rules out any bodily injury without a satisfactory explanation.A bench of Justice Salil Kumar Rai and Justice Vinai...
J&K&L High Court Refuses To Quash FIR Against Woman Accused Of SIM-Swapping With Trekker, ₹8.73 Lakh Cyber Fraud
The High Court of Jammu & Kashmir and Ladakh has refused to quash an FIR against a woman accused of being part of an alleged SIM-swapping and cyber fraud racket that allegedly targeted a trekker from West Bengal during his visit to Kashmir and siphoned off more than ₹8.73 lakh from his bank accounts.Holding that the allegations disclosed commission of cognizable offences under the...
Patna High Court Grants Bail To Accused In NEET Paper Leak Case
The Patna High Court has granted bail to an accused in the NEET paper leak case, whose name surfaced during investigation. The Court was hearing a bail plea in connection with a case alleging a conspiracy to procure and distribute question papers before the examination.A Single Judge Bench of Justice Ashok Kumar Pandey allowed the bail application in a case registered for offences under...
