MINOR ACTS
S.101(2) JJ Act | Not Mandatory For Court Hearing Appeal Against JJB Order To Take Child Psychologist Assistance : Supreme Court
The Supreme Court has recently clarified that the mandate to seek the assistance of a child psychologist expert while undertaking a preliminary assessment of a child in conflict with law would not apply mutatis mutandis to Section 101(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015. As per the proviso to Section 15(1), while deciding whether the child in conflict with...
Preventive Detention | Failure To Inform Right To Represent Fatal; It's Not Cured Even If Detenu Sends Representation: Supreme Court
The Supreme Court has held that a preventive detention order would be rendered illegal if the detaining authority fails to inform the detenu of his right to make a representation before it, even if the detenu independently submitted such a representation. A bench of Justice Vikram Nath and Justice Sandeep Mehta set aside the detention under the Prevention of Illicit Traffic in Narcotic...
AP High Court Upholds Preventive Detention Despite Invalidity Of One Ground, Cites Severability Clause U/S 6 PIT-NDPS Act
Relying on the severability clause under Section 6 of thePrevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT NDPS) Act, the Andhra Pradesh High Court dismissed a habeas corpus petition holding that failure to satisfy the mandatory triple-test in respect of one of six grounds of detention does not invalidate the detention order as a whole. [2026 LiveLaw...
No Contact With Wife For Over 5 Months Before Suicide: Allahabad High Court Acquits Husband; Says Giving Dowry Is Also An Offence
The Allahabad High Court recently acquitted a husband who had been convicted of subjecting his wife to cruelty, abetting her suicide and offences under the Dowry Prohibition Act, observing that when the trial court itself found that the husband had no contact or communication with his wife for more than 5 months before she died by suicide, it could not be said that he had abetted the...
Chhattisgarh High Court Refuses To Quash SC/ST Act Case Against Woman Over Instagram Remarks On Dr. B.R. Ambedkar
The Chhattisgarh High Court has refused to quash criminal proceedings against a woman accused of posting objectionable remarks against Dr. B.R. Ambedkar on Instagram, holding that the allegations in the charge-sheet, if taken at their face value, prima facie disclose the commission of cognizable offences. The Court further held that disputed questions relating to the alleged remarks,...
Rajasthan High Court Takes Suo Motu Cognizance After Woman Prisoner Dies Post Denial Of Medical Parole
Rajasthan High Court took suo moto cognisance of a matter in which parole was denied to a woman-prisoner who was suffering from chronic comorbidities, heart failure, and cardiac & pulmonary disorders, which ultimately led to her demise. The bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit took note of the fact that the interpretation of the Rajasthan...
Andhra Pradesh High Court Quashes Preventive Detention Over 'Stale' Grounds, Ignored Bail Orders
Reiterating that preventive detention is an exceptional measure, the Andhra Pradesh High Court has held that it cannot be invoked on the basis of stale criminal cases that have lost their "live and proximate link" with the need for detention. [2026 LiveLaw (AP) 176]The Court also held that where the detenu has already been granted bail in the criminal cases forming the basis of the...
Writing 'Allowed' On Margin Of Delay Condonation Plea Without Reasons Is Not A Valid Judicial Order: Patna High Court
The Patna High Court has held that merely writing “Allowed” on the margin of an application seeking condonation of delay, without recording any reasons or drawing an order-sheet, cannot be treated as a valid judicial order. The Court consequently quashed the cognisance order and all consequential proceedings in a cheque dishonour complaint filed after a delay of 118 days.A Single Judge...
'No Sexual Intent': Bombay High Court Drops POCSO Charge Against Youth Booked For Slapping, Abusing Minor In Filthy Language
The Bombay High Court recently dropped the sexual harassment charge under stringent Protection Of Children from Sexual Offences (POCSO) Act against a 25-year-old boy, who was booked for allegedly slapping and abusing a minor girl in filthy language.Single-judge Justice Shivkumar Dige noted that the incident took place in 2020, when the applicant - Prasad Bade was 19 year old and the victim...
Cheque Dishonour | Defence That Complainant Lacks Financial Capacity Ought To Be Raised In Accused's Reply Notice : Supreme Court
The Supreme Court has held that the initial burden of raising a defence that the complainant lacked the financial capacity to advance a loan rests on the accused and must ordinarily be taken in the reply to the statutory demand notice issued under Section 138 of the Negotiable Instruments Act. If no such plea is raised at that stage, the complainant cannot later be expected to lead...
Cheque Bounce: Karnataka High Court Refuses Fresh Trial Of Convict Who Skipped Cross-Examination 12 Times, Imposes ₹1 Lakh Costs
The Karnataka High Court has refused to remand a cheque bounce case under Section 138 Negotiable Instruments Act (NI Act) after finding that the convict had repeatedly failed to cross-examine the complainant and lead any defence evidence, holding that the case was a “classic example of abuse of process.” [2026 LiveLaw (Kar) 282]Justice HP Sandesh was hearing a revision petition...
Rajasthan High Court Grants First Parole To Asaram After Over 13 Years In Jail, Says State's Objections 'Figments Of Imagination'
Rajasthan High Court granted Asaram 20-day parole–following an order upholding his conviction for raping a minor, in light of his age as well as the fact that he had spent more than 13 years in incarceration.The division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit rejected the grounds on which the parole application was rejected by the concerned...












