MINOR ACTS
Madras High Court Rejects ED's Plea To Transfer Former Minister Anitha Radhakrishnan's Disproportionate Assets Trial To PMLA Court
The Madras High Court recently dismissed a plea by the Enforcement Directorate seeking to transfer trial in the disproportionate asset case against former Minister and sitting MLA Anitha Radhakrishnan, to the Special Court for PMLA cases in Madurai. [2026 LiveLaw (Mad) 365] ED had sought transfer of the case from Thoothukudi Sessions Court to the Special Court in Madurai, where it has...
Deceased's Car Hitting Offending Vehicle From Behind Not Contributory Negligence In Absence Of Evidence: AP High Court
Enhancing a motor accident award, the Andhra Pradesh High Court said that deceased's car dashing into the offending vehicle from behind is not enough for Insurance Company to claim contributory negligence in absence of rebuttal evidence particularly of the offending vehicle's driver. [2026 LiveLaw (AP) 174]Dismissing an appeal filed by the insurer, the Division Bench comprising Chief Justice...
Failure To Place Relevant Material Before District Magistrate Vitiates Preventive Detention Order: Andhra Pradesh High Court
The Andhra Pradesh High Court set aside a preventive detention order after observing the relevant material was not placed before the District Magistrate while passing the detention order. [2026 LiveLaw (AP) 173]Holding that such non-consideration vitiates the detention, the Court set aside both the detention order and the Government's confirmation order, while leaving it open to the...
'Advice' To Pay Cheque Amount Is Legally A Demand If Notice Clearly Seeks Payment: Gauhati High Court
The Gauhati High Court has held that a statutory notice issued under Section 138 of the Negotiable Instruments Act, 1881 need not expressly use the word "demand" to satisfy the legal requirement. A notice advising or requesting the drawer to pay the cheque amount would be sufficient if, read as a whole, it clearly conveys the requirement to make payment.Justice Sanjeev Kumar Sharma made...
Trustee Can Face Cheque Bounce Case Even If Trust Isn't Made Accused: Orissa High Court
The Orissa High Court has reiterated that arraigning and issuing demand notice to the concerned trustee, who issued a cheque on behalf of the trust, is sufficient and the trust need not be impleaded as an accused in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881 (the 'NI Act'). [2026 LiveLaw (Ori) 90]Negating a plea brought under Section 482 of the CrPC...
Section 141 NI Act Inapplicable To Sole Proprietorships; Family Members Can't Be Prosecuted As 'Partners': Calcutta High Court
The Calcutta High Court has held that the vicarious liability provision under Section 141 of the Negotiable Instruments Act, 1881 cannot be invoked against family members of the proprietor of a sole proprietorship concern, reiterating that a sole proprietorship has no separate legal identity and is outside the ambit of the provision.The Court further held that criminal liability under Section...
'Judicial Harakiri': Orissa High Court Criticizes Magistrate For Ignoring Direction To Decide Maintainability Of Cheque Bounce Case
The Orissa High Court has criticized a Judicial Magistrate First Class (JMFC) for dismissing a petition seeking to decide the preliminary question of maintainability of a cheque bounce case brought under Section 138 of the Negotiable Instruments Act, 1881 (the 'NI Act'), despite a clear direction from the High Court to decide the same. [2026 LiveLaw (Ori) 89]A Bench of Justice V. Narasingh...
Mere "Seen" Endorsement By Magistrate On Seized Narcotics Not Substantial Compliance U/S 52A NDPS Act: Uttarakhand High Court
The Uttarakhand High Court has observed that a Magistrate's mere endorsement of "seen" on an inventory of seized narcotic substances does not amount to substantial compliance with the certification requirements under Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985, read with Rule 8 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and...
Rajasthan High Court Calls For Legal Training Of Police On Age Determination In POCSO, Juvenile Cases
The Rajasthan High Court has observed that the Rajasthan Director General of Police (DGP) should consider imparting extensive legal training to investigating officers handling POCSO cases and matters relating to juveniles, after finding that the statutory procedure for age determination had not been followed in a case before it.The Bench of Justice Ashok Kumar Jain made the observation...
AP High Court Enhances Motor Accident Compensation, Says Depreciation Can't Be Deducted On New Spare Parts Used In Repairs
The Andhra Pradesh High Court has held that while assessing compensation for damage to a vehicle in a motor accident claim, depreciation should not be deducted during calcuation where new spare parts are necessarily used to restore the vehicle to a roadworthy condition. [2026 LiveLaw (AP) 169]The Court further held that the owner of the damaged vehicle is also entitled to compensation...
Whistling At Child, Pulling Her Hand May Be Harassment, Not Sexual Assault: Madras High Court
The Madras High Court recently held that whistling at a minor girl and pulling her hand when she did not to respond is not sexual assault. The court said that such acts could only be termed as harassment and not assault. [2026 LiveLaw (Mad) 361] “From the statements of witnesses and materials available on record, it is seen that the petitioner pulled the victim by his hand,...
AP High Court Orders ACB Probe Into Alleged Fraud On Court In Land Dispute Case, Questions Lawyers' Conduct
The Andhra Pradesh High Court recalled an order disposing of two writ petitions relating to a valuable piece of land in Kakinada and has directed the Anti-Corruption Bureau to inquire into the allegations of the order being obtained by playing "fraud" on the court. [2026 LiveLaw (AP) 167]A Single Judge Bench of Justice Harinath N allowed the review petitions filed by Jayendra Nagar...











