Constructive Res Judicata Bars Grounds Omitted Due To Negligence : Supreme Court Summarises Principles

Constructive Res Judicata Applies Even To Grounds Omitted Due To Negligence, Inadvertence: Supreme CourtThe Supreme Court has summarised the governing principles of the doctrine of constructive res judicata, reiterating that parties are required to raise all grounds that "might and ought" to have been raised in earlier proceedings and cannot avoid the doctrine by attributing omissions to negligence, inadvertence or accident.Explaining the rationale behind the doctrine, the Court observed that...

LiveLaw Madras High Court Weekly Round-Up: June 8 - June 14, 2026

Citations: 2026 LiveLaw (Mad) 245 To 2026 LiveLaw (Mad) 253 NOMINAL INDEX Sun TV Network Limited v R Sukanya and Others, 2026 LiveLaw (Mad) 245 XXXX v State and Others, 2026 LiveLaw (Mad) 246 P Chockalingam v The Additional Chief Secretary to Government and Others, 2026 LiveLaw (Mad) 247 Sarkar Syed Habibullah Sha Kahdari Arif Rabbani Hazarat Dargha v Tamil Nadu Waqf Board...

LiveLaw Kerala High Court Weekly Roundup: June 08 to June 14, 2026

Citations: 2026 LiveLaw (Ker) 316 - 2026 Livelaw (Ker) 324Nominal IndexSreethu v State of Kerala, 2026 LiveLaw (Ker) 316Jomon Jaison and Ors. v. State of Kerala and Anr. and connected case, 2026 LiveLaw (Ker) 317State of Kerala v. Kandararu Rajeevaru @ Rajeev T and connected case, 2026 LiveLaw (Ker) 318M.C. Kunhunni Raja and Anr. v. The Commissioner, Malabar Devaswom Board and Ors. and...

Before Issuing NBW Against Accused On Bail, Court Should Consider Notice To Bailors Or Bailable Warrant: Orissa High Court

The Orissa High Court has held that a Non-Bailable Warrant (NBW) should not ordinarily be issued against an accused who is on bail, without first resorting to issuance of notice to his bailors and issuing bailable warrant, if needed.While setting aside an order directing issuance of NBW, the Bench of Justice Gourishankar Satapathy observed–“Liberty of a person cannot be taken away...

Custody Of Child Cannot Continue Without Court Order, Even If Child Went Willingly: MP High Court Restores Custody To Mother

The Madhya Pradesh High Court has restored the custody of a 7-year-old girl to her mother, after observing that the father cannot keep the child in his custody, even if the child went willingly, in the absence of a court order. [2026 LiveLaw (MP) 208]2026 LiveLaw (MP) 208A habeas corpus writ petition was filed by a mother seeking production of his 7-year-old daughter and her husband...

S. 173(8) CrPC | Magistrate Can Direct Further Investigation Even Without Prayer From Investigating Agency/ Complainant: Orissa High Court

The Orissa High Court has held that a Magistrate or a Special Judge is empowered to direct further investigation under Section 173(8) of the Code of Criminal Procedure (CrPC), even without any formal prayer from investigating agency or complainant, in a case where the investigating agency has submitted a final form due to lack of evidence.Clarifying the position of law vis-à-vis power of...

Trial Court Can't Summon Doctor In Medical Negligence Case Without Awaiting Expert Opinion It Sought: Punjab & Haryana High Court

The Punjab and Haryana High Court has set aside a summoning order issued against a doctor in a criminal complaint alleging medical negligence, holding that the trial court acted perversely in proceeding without awaiting an expert opinion which it had itself directed to be obtained.Justice Surya Pratap Singh noted, "it abundantly clear that there was a direction by the learned trial Court to...

Orissa High Court Quashes Penalty Against Ex-Registrar (Judicial) Over Allegedly Missing File Pages, Finds No Evidence Of Malafide

The Orissa High Court has recently come to the rescue of its former Registrar (Judicial) who was found guilty in a disciplinary inquiry of misplacing certain pages of an administrative file of the Court and for allegedly misguiding the then Acting Chief Justice in a promotion matter relating to the staff of the High Court establishment.While setting aside the major penalty imposed on him,...

Forget Me, Or Forget Me Not? Implementing Right To Be Forgotten

The Right to Privacy, has over the years, been considered as one of the most important facets of Article 21 of the Constitution of India. The Courts across the Country have repeatedly held that the Right to Privacy being a crucial and intrinsic element of human dignity squarely falls under the ambit of Right to Life under Article 21 of the Constitution of India, however, the same is subject to reasonable restrictions.It is in this digital age, Right to be Forgotten has come to forefront. In...

Kaithal Consumer Commission Holds ICICI Bank Liable For Arbitrarily Imposing Lien On Customer's Savings Account Without Due Process

The District Consumer Disputes Redressal Commission, Kaithal, comprising Smt. Neelam Kashyap (President), Smt. Harisha Mehta (Member) and Shri Sunil Mohan Trikha (Member), has held ICICI Bank liable for deficiency in service and unfair trade practice for arbitrarily imposing a lien on the complainant's savings account without following due procedure and without producing any material to substantiate the alleged fraud dispute on the basis of which the lien was imposed. Facts The complainant,...

Prajwala's Consent Is Sovereign Until Someone Doubts It

The Supreme Court correctly placed a sex worker's consent at the centre of rescue and rehabilitation decisions. But having declared that consent unverifiable by any outsider, it tasked outsiders with verifying it. The structure that results does not make her consent sovereign, it makes it the first entry on a form someone else completes.The praise for Prajwala v. Union of India [2026 INSC 609], decided on 29 May 2026, has settled on a single word: consent. A Bench of Justices J.B. Pardiwala and...

Himachal Pradesh High Court Takes Note Of News Report On 'Rave Party' In Kasol, Orders Spot Inspection

Taking serious note of a newspaper report regarding an alleged large-scale 'Rave Party' happening at Kasol (Kullu District), the Himachal Pradesh High Court recently ordered a spot inspection by the Secretary, District Legal Services Authority (DLSA), Kullu, at the suspected site. A bench of Justice Romesh Verma instructed the DLSA Secretary to conduct the inspection with the assistance...