MINOR ACTS
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...
Telangana High Court Rejects Third-Degree Torture Allegation Against ED, Finds No Material Linking Injuries To Interrogation
The Telangana High Court has refused to grant relief to a Bengaluru-based man who alleged that officers of the Enforcement Directorate (ED) assaulted and coerced him into making incriminating statements during questioning in a money laundering probe linked to illegal online betting applications. [2026 LiveLaw (Tel) 107]The Court held that the allegations of custodial assault were unsupported...
Personal Preference For Foreign Medical Treatment Not A Ground To Permit Overseas Travel By PMLA Accused: Chhattisgarh High Court
The Chhattisgarh High Court has held that an accused's personal preference to undergo medical treatment in a foreign country cannot override the mandate of law when equivalent medical facilities are available in India. The Court observed that permission to travel abroad on medical grounds can be granted only upon establishing a genuine medical necessity outweighing the State's interest...
Arms Act | Mere Recovery Of Weapon Without Proof Of Conscious Possession Can't Establish Guilt : Supreme Court
The Supreme Court on Monday (July 13) observed that a mere recovery of arms from someone's house is not sufficient to hold a person guilty under the Arms Act, unless the conscious possession as well as dominion was not proved. “The High Court was justified in observing that mere recovery of certain articles including the weapons from the house of the respondent/accused is not sufficient...
Hurling Caste Abuse Near Gate Of Premises May Fall Within 'Public View': Telangana High Court Denies Anticipatory Bail Under SC/ST Act
The Telangana High Court has held that allegations of caste-based abuse hurled near the entrance of a house and an adjoining public road may prima facie satisfy the requirement of having occurred in "public view" under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. [2026 LiveLaw (Tel) 106]Adding that the question of whether the incident was actually witnessed...
Orissa High Court Sets Aside POCSO Conviction, Orders Victim To Refund Compensation As She Turned Hostile
The Orissa High Court has recently set aside the judgment of a Special Court under the POCSO Act, which found a man guilty of committing repeated penetrative sexual assault with a minor girl, on account of lack of substantial evidence connecting the accused to the crime and even the victim turning hostile against the prosecution. [2026 LiveLaw (Ori) 79]Giving relief to the accused-appellant,...