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...

'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 Running Away From Police Not 'Use Of Criminal Force': Karnataka High Court Quashes Assault Case Against Youth

The Karnataka High Court has quashed criminal proceedings against a 24-year-old man, accused of assaulting police personnel, while observing that merely running away from police cannot constitute 'use of criminal force' under Section 353 [Assault or criminal force to deter public servant from discharge of his duty] of the IPC. [2026 LiveLaw (Kar) 275]The single judge bench of Justice...

Allahabad High Court Upholds Life Term Of Father, Brother In 'Honour Killing' Of 2 Minor Girls; Relies On Pre- & Post-Crime Conduct

The Allahabad High Court last week affirmed the conviction and life sentence of a father and his son for the 'Honour Killing' of 2 minor girls after finding the appellants' conduct before and after the commission of the crime to be "highly relevant" under Section 8 of the Indian Evidence Act, 1872.A Bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi thus dismissed the criminal appeal...

Remission Plea Can't Be Rejected By Mechanically Relying On DM, SP's Adverse Opinions: Chhattisgarh High Court

The Chhattisgarh High Court has held that an application for remission or premature release cannot be rejected solely on the basis of mechanical adverse opinions of the District Magistrate and Superintendent of Police while ignoring favourable recommendations of the Presiding Judge and Jail Superintendent. The Court observed that the appropriate Government is required to independently assess...

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...

S. 451/457 CrPC | Decision On Interim Release Not Based On Title, Court Only Sees Who Entitled To Possession : Supreme Court

The Supreme Court has clarified that the power of the courts to order an interim release of a seized material under the Cr.P.C / BNSS is not an adjudication of ownership, but a prima facie assessment of who is best entitled to possession.“The exercise of this power requires the Court to make only a prima facie assessment of who is best entitled to possession, having regard to the nature of...

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...

Patna High Court Quashes Cognizance Order Passed On Printed Proforma, Says Judicial Orders Can't Be Mechanical

The Patna High Court has quashed a Magistrate's cognizance order in a criminal case after finding that it had been passed by merely filling in the blanks on a printed proforma, and did not reflect application of judicial mind. Justice Chandra Shekhar Jha observed that a Magistrate is not required to pass a detailed reasoned order at the stage of taking cognizance, but the order must reflect...

'Despicable': Bombay High Court Upholds Removal Of RPF Constable After Viewing Viral Molestation Video

The Bombay High Court has upheld the removal from service of a Railway Protection Force (RPF) constable after personally viewing a viral video of him allegedly inappropriately touching a woman passenger at Kalyan railway station in 2018. Holding that the video clearly established his intention to outrage the woman's modesty, the Court observed that despite being entrusted with...

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,...