MINOR ACTS
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,...
Driver Can't Be Held Negligent For Sudden Tyre Burst; Vehicle Owner Alone Liable To Pay Compensation: Karnataka High Court
The Karnataka High Court has recently held that a driver cannot be held negligent for a sudden tyre burst, thereby, exonerating the driver and fastening liability solely on the owner of the vehicle. [2026 LiveLaw (Kar) 244]“…The manner of accident shows it is a tyre burst which is not in the hands of the driver and he cannot held to be negligent for the sudden burst of the tyre. The...
S. 19 JJ Act | Children's Court Must Pass Reasoned Order Before Trying Child As Adult: Supreme Court
In an important direction for the Children Courts across the country, the Supreme Court on Monday (July 13) has held that a Children's Court cannot proceed to try a child in conflict with law as an adult without first passing a reasoned order under Section 19(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. Holding that this requirement is mandatory, a bench of...
Section 354 IPC Not Covered By Section 42 POCSO Act, Trial Court Erred In Not Awarding Separate Sentence: Delhi High Court
The Delhi High Court has observed that a trial court erred in not awarding a separate sentence for the offence under Section 354 IPC (assault or criminal force to a woman with intent to outrage her modesty) in a case involving sexual assault on a six-year-old girl, clarifying that the provision is not among the IPC offences covered by Section 42 of the Protection of Children from Sexual...
Previous Bail Orders Relevant Material For 'Subjective Satisfaction' Of Preventive Detention: Andhra Pradesh High Court
The Andhra Pradesh High Court set aside a preventive detention order after finding that the detaining authority failed to consider multiple bail orders granted to the detenu, holding that bail orders are vital material and their non-consideration vitiates the subjective satisfaction required for preventive detention. [2026 LiveLaw (AP) 121]The order was passed by a Division Bench of Justice...
Calcutta High Court Refuses To Quash Dowry Case, Says Woman Can File Complaint From Parent's Home If Cruelty Persists
The Calcutta High Court has refused to quash criminal proceedings against a husband and his family members in a dowry harassment and matrimonial cruelty case, holding that a woman who leaves her matrimonial home can initiate proceedings from the place where she takes shelter if the effects of cruelty continue there. The Court further held that withdrawal of proceedings under the Protection...
No Prescribed Format For Providing Written Grounds Of Arrest: Delhi High Court Upholds NDPS Accused's Custody
The Delhi High Court has refused bail to an accused booked under the NDPS Act, holding that there is no legislatively or judicially prescribed format for communicating written grounds of arrest and that substantial compliance with the constitutional requirement would suffice in the facts of the case. [2026 LiveLaw (Del) 646]Justice Girish Kathpalia observed that the arrest memo prepared by...
