Bringing you the Best Analytical Legal News
The October 2026 Criminal Law Roundup witnessed several significant judicial developments in criminal law, with various High Courts addressing important questions concerning individual liberty, criminal liability, procedural safeguards, juvenile offenders, POCSO-related offences, bail, contempt of court and the quashing of criminal proceedings.
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The Court emphasised on a settled law that pleading is not a substitute for proof and facts pleaded, if not proved, are of no consequence.
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The Calcutta High Court held that no infringement of a right relating to the trade name or other intellectual property had been alleged, hence the suit was maintainable before the Commercial Division.
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The parties’ marriage gave rise to multiple matrimonial proceedings, culminating in a decree of divorce passed by the Family Court on the ground that an earlier decree for restitution of conjugal rights had remained uncomplied with. The wife challenged the said decree in the present appeal.
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The Court held that the expression “at its option” under Section 36(1)(vii-a)(a), Income-tax Act, 1961, could not be treated as surplusage or deprived of their ordinary meaning.
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In considering Section 45 of the Arbitration and Conciliation Act, 1996, the Calcutta High Court held that referring the dispute to arbitration would require it to treat the existing consent decree as non-binding on the charterer, which could not be done at the execution stage in the absence of proceedings to set aside the decree.
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The Court, considering the evidence on record, concluded that the plaintiff was entitled to a decree for money, therefore awarded the payment of ₹47,00,000 with interest at the rate of 10 per cent per annum from the date of institution of the suit until repayment.
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The Court held that the purchase of the scooty cannot be said to be from the proceeds of crime on account of the self-acquired financial prowess of Appellant 1 and merely because Appellant 1 is the wife of Accused 1. The Court observed that there was a total dearth of evidence and found no reason to interfere with the earlier order and affirmed the attachment.
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Articles 226 and 227 should ordinarily not be used to correct interlocutory procedural orders of an Arbitral Tribunal unless there is a patent jurisdictional defect or exceptional perversity.
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The conduct anterior to the levy may give rise to suspicion but it cannot, by itself, discharge the burden of proving that the goods actually removed after 1st March 2003 bore a brand name. Suspicion, however strong, cannot take the place of proof.
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The Court ensured that procedural obstacles did not deprive the petitioner and her brother of consideration under the guardianship framework.
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The Court emphasised unless a clear case of mala fides, demonstrable bias, lack of jurisdiction or abuse of process is made out before a competent court, the person under investigation cannot insist that the investigation be conducted by an officer of his choice.
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“The object of the enquiry shall not merely be to identify lapses in the present case but to ensure that such lapses do not occur in any police station in the State in future. The monitoring system shall move from a complaint-based approach to a real-time, automated and accountable mechanism, so that prolonged failures do not go unnoticed.”
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The Court released the petitioner-accused on bail, observing that the case substantially rested upon the statutory presumption under Section 35, Narcotic Drugs and Psychotropic Substances, Act, 1985 (NDPS Act) and such presumption is rebuttable. The Court specified that, in cases involving commercial quantity under the NDPS Act, the twin test contained in Section 37 remains mandatory.
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The Court held that a cooperative bank cannot withhold gratuity indefinitely on the basis of administrative autonomy, or pending criminal proceedings when no applicable service rule authorises such withholding.
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The August Roundup of Family and Personal Law contains important rulings and judgements from the Courts all over, on Live-In Relationships, marriage, divorce, maintenance rights under Hindu Marriage Act, 1955 and more.
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Jharkhand High Court: The Single Judge Bench of M.S. Sonak, CJ.,* dismissed the insurer’s appeal and enhanced compensation for the death of
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Calcutta High Court ruled that the goodwill and reputation of Fox & Mandal belong to the firm, not to the family of its former partners.
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Weighing a year in custody against the seriousness of the allegations, the Meghalaya High Court granted bail with strict conditions, including a complete prohibition on contact with the survivor.
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