Criminal Law
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...
Police Can't Ignore Accused's Conduct Prima Facie Disclosing Attempt To Rape While Probing Another Offence: Karnataka High Court
The Karnataka High Court has ruled that police investigating one offence cannot turn a blind eye to evidence prima facie disclosing another serious offence, while directing the Crime Investigation Department (CID) to conduct a fresh probe into an attempt to rape case of a woman. [2026 LiveLaw (Kar) 278]The single judge bench of Justice M. Nagaprasanna, while allowing the writ petition filed...
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...
Does Rejection Of Bail Bar Subsequent Challenge To Legality Of Arrest? Allahabad High Court Answers
Distinguishing the Supreme Court's 2025 judgment in State of Madhya Pradesh v. Kusum Sahu [2025 LiveLaw (SC) 1110], the Allahabad High Court last week held that rejection of a regular bail application does not, by itself, bar a subsequent challenge to the legality of an arrest and judicial remand under Article 22(1) of the Constitution of India. A Bench of Justice JJ Munir and Justice...
Kerala High Court Rejects Doctors' Challenge To Expert Panel Opinion On Medical Negligence; Says It's Only Evidence, Not Verdict
The Kerala High Court has held that reports submitted by the State Level Apex Body investigating complaints against doctors are only pieces of expert evidence and do not amount to findings of criminal negligence.A Division Bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K was considering two doctors' writ appeal challenging a Single Judge order that refused...
Character Certificate Can't Be Denied Merely Due To Pendency Of Criminal Case: Allahabad High Court
The Allahabad High Court has held that a character certificate cannot be denied merely because a criminal case is pending against the applicant.The bench of Justice Prakash Padia and Justice Vivek Saran held that the pendency of a criminal case under Sections 323, 504 and 506 IPC, by itself, could not be a ground to reject an application for issuance of a character certificate.“….we are...
ED Officials Attack: Kerala High Court Grants Bail To Six More Accused
The Kerala High Court on Tuesday (August 4) granted regular bail to four CPI(M) workers, who were arrested for being allegedly involved in the attack against officials of the Enforcement Directorate (ED). [2026 LiveLaw (Ker) 424]The case refers to the alleged attack on ED officials and damage to vehicles following an ED search operation at the residence of Opposition Leader Of Kerala,...
Kerala High Court Asks Magistrate To Proceed With Complaint Against 5 Cops Accused Of Assaulting Army Personnel, Defers Sanction Issue
The Kerala High Court recently directed the Magistrate Court, Chittoor to proceed against five policemen, who allegedly beat up Indian Army sepoy, during Kollemgode Temple 'Aaraattu' festival in 2019. [2026 LiveLaw (Ker) 426]Justice G. Girish directed that the question of requirement of sanction can be considered at a later stage, after the completion of evidence.The Court was considering...