Prior Agreement On Dowry Amount Not Necessary For Prosecution; Subsequent Dowry Demand Also Punishable: MP High Court

The Madhya Pradesh High Court has observed that a dowry demand made after marriage can still attract Section 4 of the Dowry Prohibition Act, even in the absence of a pre-marital dowry agreement. [2026 LiveLaw (MP) 419]Setting aside the appellate court's order acquitting a husband and his father, the bench of Justice Alok Awasthi held,"It is a culture or tradition that a prior dowry contract...

Absconding Accused Cannot Ordinarily Claim Anticipatory Bail: J&K&L High Court Rejects Rape Accused's Plea

The Jammu & Kashmir and Ladakh High Court has held that an accused who continues to evade the process of law cannot ordinarily seek the extraordinary protection of anticipatory bail, particularly after being declared a proclaimed offender and failing to join the investigation for years.Justice Sanjay Dhar dismissed the anticipatory bail application filed by Rajat Kumar in a rape...

Maternal Grandmother Can Seek Maintenance For Minor Without Being Appointed Legal Guardian: MP High Court

The Madhya Pradesh High Court has held that a maternal grandmother can seek maintenance for her grandchild under Section 125 CrPC, without being appointed as the minor's legal guardian. [2026 LiveLaw (MP) 420]Emphasising that Section 125 CrPC must be interpreted to advance social justice, the bench of Justice Dwarka Dhish Bansal observed:"The provision under Section 125 of the CrPC is to...

Rajasthan High Court Invokes India-US Treaty To Serve Summons On Rape Complainant Living In America

Rajasthan High Court invoked the Mutual Legal Assistance Treaty (MLAT) signed between Indian and the USA, read with Section 110 of BNSS, for ascertaining the whereabouts and serving notice to a woman in a rape case who was stated to have shifted to the USA after filing the complaint. Section 110, BNSS governs reciprocal arrangements for serving or executing court processes in relation to...

Burden To Prove Caste Lies On Claimant; False Caste Certificates Can Lead To Withdrawal Of Benefits: AP High Court

The Andhra Pradesh High Court has held that the burden of proving a caste claim lies on the claimant under the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993. [2026 LiveLaw (AP) 255]A Division Bench of Justice D. Ramesh and Justice Alapati Giridhar further observed that benefits secured through false...

Children's Maintenance Claim Does Not Perish With Mother's Death: Rajasthan High Court Permits Grandmother To Continue Proceedings

Rajasthan High Court upheld trial court's order that allowed maternal grand-mother to represent minors in a suit for maintenance filed against their father, after the death of the minors' mother who had initiated the maitenance claim.The bench of Justice Sunil Beniwal held that custody proceedings were separate from maintenance proceedings, and pendency of the former could not affect...

'Prosecution Cannot Rely On Witness For One Part Of Case While Ignoring Other': Patna High Court Acquits Murder Accused

The Patna HC has held that the prosecution cannot rely on a witness for one part of its case while ignoring the portions of the same testimony which create reasonable doubt, acquitting the appellants in a murder case where the prosecution evidence contained several inconsistencies concerning the occurrence.A Single Judge Bench of Justice Chandra Shekhar Jha was hearing an appeal against...

Omission To Specifically Mention Offence In Sanction Order Does Not Vitiate Proceedings If Allegations Disclose Offence: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Srinagar has held that the mere omission to specifically mention a particular offence in the sanction order would not render the sanction invalid if the allegations and material referred to in the sanction order otherwise disclose the ingredients constituting such offence.The Court dismissed a petition seeking quashing of a charge under...

Jharkhand High Court Adds Overtime To Deceased Security Guard's Income For Motor Accident Compensation Despite Salary Slip Not Showing It

The Jharkhand HC has held that some limited estimation of additional income from overtime can be made while calculating motor accident compensation, even where the deceased's salary certificate does not record any overtime payment, taking into account the evidence of extra work and the number of dependants left behind.A Single Judge Bench of Justice M.S. Sonak was hearing an appeal filed by...

Right To Electricity Protected U/Art 21, Connection Can't Be Denied Merely Due To Property Ownership Dispute: Allahabad High Court

The Allahabad High Court has observed that access to electricity constitutes an important element of a dignified life and it derives constitutional protection through Article 21 of the Constitution of India.The Court added that if the applicant is willing to furnish the prescribed indemnity form and comply with applicable requirements, the electricity connection cannot be denied merely because...

Calcutta High Court Weekly Round-Up: 12th October To 18th October, 2026

'Partition Of Property Can Be Only Among Those Having A Share Or Interest': Calcutta High CourtCase Title: Safikul Islam Khan v. Dhulo Sk. & Ors. Citation: 2026 LiveLaw (Cal) 440The Calcutta High Court has dismissed an appeal seeking partition of a property, holding that the plaintiff had failed to establish any right, title or interest in the disputed plot and that other persons claiming interests in the property had not been impleaded in the suit. A Division Bench of Justice Ravi Krishan...

Final Acquittal Obliterating Sole Basis Of Dismissal Entitles Police Officer To Reinstatement: HP High Court

The Himachal Pradesh High Court has held that a police officer dismissed from service solely on the basis of a criminal conviction is entitled to reinstatement after the conviction is set aside and he is acquitted in appeal. The Court observed that once the sole basis for dismissal ceases to exist, the officer's case must be reconsidered in accordance with law.Justice Jyotsna Rewal Dua...