MINOR ACTS
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...
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...
Dowry Harassment In Love Marriage 'Difficult To Believe': Karnataka High Court Grants Bail To Husband In Suicide Case
The Karnataka High Court has recently granted bail to a software professional accused of abetting his wife's suicide, observing that allegations of dowry demand become 'difficult to be believed" when the marriage is a love marriage. [2026 LiveLaw (Kar) 254]The single judge bench of Justice S Vishwajith Shetty, while allowing the bail petition of accused, noted that the accused and the...
Wrong Cheque Number, Wrong Amount In Plea Strikes At 'Root' Of Fair Trial: Calcutta High Court Quashes Cheque Bounce Case
The Calcutta High Court has held that a criminal trial under Section 138 of the Negotiable Instruments Act cannot be sustained where the accused was asked to answer a completely different cheque transaction at the stage of recording the plea under Section 251 of the Code of Criminal Procedure. Holding that such a defect strikes at the root of a fair trial, the Court set aside the six-month...
Chhattisgarh High Court Expresses Concern At Repeated Lapses In NDPS Probes; Directs Action Against Erring Officials
The Chhattisgarh High Court has expressed serious concern over repeated procedural lapses in investigations under the Narcotic Drugs and Psychotropic Substances Act, 1985, observing that despite settled legal principles, investigating officers continue to disregard mandatory statutory safeguards, resulting in acquittals in serious NDPS cases. The Court directed the Director General of...
S.50 NDPS Act | Oral Refusal To Be Searched Before Magistrate Or Gazetted Officer Insufficient: Bombay High Court Grants Bail
The Bombay High Court has granted bail to an accused booked under the Narcotic Drugs and Psychotropic Substances Act, 1985, holding that an oral waiver of the right available under Section 50 of the Act is not sufficient. The Court observed that where an accused elects not to exercise the right of being searched before a Gazetted Officer or a Magistrate, such waiver must be reduced into...
Accused Cannot Flag Non-Compliance Of S.202 CrPC To Scuttle Cheque Bounce Proceedings At Stage Of Final Arguments: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that although an inquiry under Section 202 of the Code of Criminal Procedure (corresponding to Section 225 of the BNSS) is mandatory before issuance of process where the accused resides beyond the territorial jurisdiction of the Magistrate, non-compliance with that requirement cannot be invoked to derail proceedings after both parties...
Section 138 NI Act Settlement Can't Be Enforced Through CrPC Recovery Unless Incorporated In Court Order: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that a settlement entered into between parties in proceedings under Section 138 of the Negotiable Instruments Act does not, by itself, become enforceable through the coercive recovery mechanism provided under Sections 421 and 431 of the Code of Criminal Procedure (CrPC).The Court ruled that such recovery is permissible only when...
Aadhaar Card Not Reliable Proof Of Age In Motor Accident Claims: Chhattisgarh High Court
The Chhattisgarh High Court has held that an Aadhaar Card is not a reliable document for determining the age of a claimant in motor accident compensation cases. The Court has further held that mere receipt of the insurance premium does not automatically fasten liability upon the insurer, as the contract of insurance commences from the date and time specified in the insurance policy and not...