Driver Can't Escape Negligence By Citing Sudden Appearance Of Stray Animal, Must Anticipate Road Hazards: Delhi High Court

The Delhi High Court has observed that the “agony of the moment” principle cannot be invoked to absolve a driver of negligence merely because a stray animal suddenly appears on the road. Justice Anish Dayal said that drivers are expected to anticipate such hazards and exercise reasonable care to prevent harm to vehicle occupants and other road users.The Court made the observation...

Custody Plea Under Guardians & Wards Act Must Be Heard By Court Where Child Resides: Gujarat High Court

The Gujarat High Court has held that proceedings seeking custody of a child under Guardians and Wards Act must be heard by the family court in whose jurisdiction the child resides. [2026 LiveLaw (Guj) 291]The court was hearing an estranged wife's plea to transfer the husband's matrimonial suit from Family Court, Himmatnagar to Family Court, Rajkot where she is residing with her parents.She...

Kerala High Court Refuses To Stay Reconstitution Of State Waqf Board, Says New Members Have Already Assumed Office

The Kerala High Court on Friday (October 23) issued notice before admission on the appeals challenging a Single Bench order refusing to stay a government order (GO) reconstituting the State Waqf Board.The Division Bench of Justice Devan Ramachandran and Justice Basant Balaji today heard detailed arguments by Senior Advocate S. Sreekumar and Advocate P. Chandrasekhar for the appellants,...

Bomb Threats Can't Be Taken Lightly Merely Because Sender Never Intended To Execute Them: Karnataka High Court Refuses To Quash FIR

Accused allegedly threatened blasts at Bengaluru airport and shopping malls.

Registration Act | Writ Court Can't Conduct Full-Fledged Trial To Decide Fraud Allegations Over Land Agreement: Allahabad High Court

The Allahabad High Court has held that allegations of fraud and fabrication, however serious, do not permit a writ court under Article 226 of the Constitution of India to act as a court of first instance by recording oral evidence, testing the credibility of witnesses and deciding disputed questions of fact. It held that where a statutory authority has reached its conclusion on the...

Vehicle Driven At Person Can Be 'Instrument Of Death'; Victim's Survival Doesn't Efface Attempt To Murder Charge: Karnataka High Court

The Karnataka High Court has held that a motor vehicle driven recklessly toward a person is capable of becoming an “instrument of death” and the fact that victim survived does not dilute the gravity of the act or efface the criminality.In doing so the court dismissed a plea to quash criminal proceedings against the petitioner booked for attempt to murder after he allegedly ran over...

Cruelty FIR Against Mother-In-Law Can't Be Sustained When Complainant's Earlier Marriage Still Subsisting: Gujarat High Court

The Gujarat High Court has quashed a cruelty FIR against a mother-in-law, holding that Section 498A of the Indian Penal Code (IPC) could not be invoked as the complainant's earlier marriage was still subsisting when she married the applicant's son. [2026 LiveLaw (Guj) 290]The complainant had alleged that the applicant, her mother-in-law, abetted her husband in subjecting her to cruelty.Justice...

Removal Of Court Employee For Off-Duty Incident After Two Decades Of Service 'Shockingly Disproportionate': Allahabad High Court

The Allahabad High Court has held that the removal of a court employee over a single incident outside working hours, after more than two decades of service and in the absence of any earlier adverse record, was shockingly disproportionate. The Court set aside the penalty while leaving the findings of misconduct undisturbed.It also held that Rule 7(4) of the Uttar Pradesh Subordinate Courts...

Mere Use Of Abusive Language Not Criminal Intimidation Or Intentional Insult Under BNS: Karnataka High Court Quashes FIR

The Karnataka High Court has held that the mere use of abusive or intemperate language would not, by itself, constitute the offence of intentional insult or criminal intimidation in the absence of specific statutory ingredients.Justice Suraj Govindaraj was hearing a criminal petition filed by a man, seeking to quash criminal proceedings initiated against him by his neighbour following a...

Further Investigation Into Ancillary Terror Links Does Not Render Chargesheet Incomplete For Default Bail Claim: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has upheld the denial of default bail to three accused facing prosecution under the Unlawful Activities (Prevention) Act, 1967 (UAPA), holding that the investigating agency's continued efforts to establish their links with slain or absconding terrorists did not, by itself, render the chargesheet incomplete.A Division Bench comprising Justice...

Removal Of Undergarment Without Further Act Amounts To 'Attempt To Commit Sexual Assault' Under POCSO Act: Bombay High Court

The Bombay High Court has held that removing a child's undergarment with sexual intent, without proceeding to any further act, amounts to an attempt to commit sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. The Court reduced the sentence of a man convicted in a case involving a three-and-a-half-year-old girl from five years to three-and-a-half years'...

12-Month Limitation To Recover Maintenance Arrears Runs From Date Of Order, Not Previous Period From When It Is Awarded: Rajasthan High Court

The Rajasthan High Court has held that the date for calculating the limitation period of 12 months prescribed under proviso to Section125(3) CrPC, is the one on which the order awarding maintenance is passed and not the date from which such maintenance is calculated. Proviso to Section 125(3), CrPC, prescribed a period of limitation of 12 months for seeking recovery of the amount due under...