Advocate Bhat

26/01/2026

25/01/2026

Is delay in filing chargesheet a ground for Quashment ?

If investigation into a particular offence has continued for a period that appears to be unduly long, that too without adequate justification, such as in this case, the accused or the complainant both, shall be at liberty to approach the High Court under Section 528 BNSS/482 CrPC, seeking an update on the investigation or, if the doors of the High Court have been knocked by the accused, quashing.

Robert Lalchungnunga Chongthu vs State Of Bihar on 20 November, 2025

SANJAY KAROL, J
NONGMEIKAPAM KOTISWAR SINGH, J

25/01/2026

"To detain the detenue at any Cost"..

Supreme Court quashes Preventive Detenion

“I strongly believe that if such a habitual criminal is set free his activities would not be safe to the society and there is an imminent possibility of his committing similar offences by violating the bail conditions in one of the cases, which would be detrimental to public order, unless he is preventively detained from doing so by an appropriate order of detention.”

51. We are of the opinion that the aforesaid excerpts from the Detention Order lay bare the Commissioner’s attempt to transgress his jurisdiction and to pass an order of detention, which cannot be construed as an order validly made under the Act. The quoted observations are reflective of the intention to detain the Detenu at any cost without resorting to due procedure

Roshini Devi vs The State Of Telangana on 8 January, 2026

J.K. MAHESHWARI, J.
ATUL S. CHANDURKAR, J

25/01/2026

What is the difference between "Sale" and "Mortagage by Conditional Sale"

It is with the greatest difficulty in many cases that such mortgages can be distinguished from sales with a condition for repurchase; As clause (c) of section 58 indicates, the real point of difference between the two kinds of transactions, is that in the case of a mortgage by conditional sale, the sale is only ostensible, whereas in the case of an out and out sale, it is real. The ostensible or real nature of transaction can, however, be only determined by finding out the intentions of the parties.

71. Moreover, the fact that the Respondent-Plaintiff had initially executed a Mortgage Deed in favour of Mr. Sadanand Garje and thereafter executed a registered Sale Deed and a Rental Agreement with the Appellant-Defendant No.1 proves that the Respondent-Plaintiff was a ‘wise’ man, who knew the difference between a Mortgage and a Sale Deed and who understood the consequence of his actions. Consequently, there is no merit in Respondent-Plaintiff’s contention that Respondent-Plaintiff was an “illiterate man of simple nature”, who did not understand the consequences of his actions.

Hemalatha (D) By Lrs vs Tukaram(D) By Lrs on 22 January, 2026

J. RAJESH BINDAL
J. MANMOHAN

25/01/2026

Parity and Bail, Supreme Court elucidates the Principle in

Sagar verus State of UP

24. The law of Parity would be applied in granting bail to an accused, where the co- accused has been granted bail on similar set of circumstances. Law of Parity is a desirable rule where the case of accused/petitioner is identical with the co-accused, who is already enlarged on bail. Simply because the co-accused has been granted bail also cannot be the sole criteria for granting bail to another accused if they are standing on different footings.

SANJAY KAROL, J.
NONGMEIKAPAM KOTISWAR SINGH, J

20/01/2026

Passanger Tax, Magistrate, Jammu has failed to exercise the jurisdiction vested under law and dispose of the application for temporary injunction till date, which is not contemplated under law: Hon'ble High Court

02. As per the mandate of Order 39 Rule 3-A C.P.C, Civil Court is obliged to decide application for temporary injunction within a period of 30 days from the date on which the injunction was granted and where it is unable to do so, it shall record its reasons for such inability.

Rajo Rani vs Prithi Singh on 19 January, 2026
Author: Hon'ble Justice Rajesh Sekri

20/01/2026

Supreme Court prevents wrath of law on a 80 years old convict, reduces punishment to what is already undergone.

“If an injury is inflicted with the knowledge and intention that it is likely to cause death, but with no intention to cause death the offence would fall within the definition of Section 304 Part I, however, if there is no intention to cause such an injury, but there is knowledge that such an injury can cause death, the offence would fall within the definition of Section 304 Part II. Thus, is intention. If intention to cause such an injury as is likely to cause death, is established, the offence would fall under Part I but where no such intention is established and only knowledge that the injury is likely to cause death, it would fall under Part II.”

Shrikrishna vs The State Of Madhya Pradesh on 9 January, 2026

K. VINOD CHANDRAN, J.
N.V. ANJARIA, J

19/01/2026

Delay in recording statement by prosecution, Supreme Court acquits the accused in murder case..

"The so-called confessional statements of the accused, and discovery of dead body which is also not duly proved... conviction cannot be recorded."

Learned counsel for the respondents further submits that the voluntary disclosures made by accused No. 2 to 4 leading to the discovery of the dead body at a site near canal was within their special knowledge and hence admissible under Section 27 of the Indian Evidence Act, 1872. It is also contended that accused no. 2 to 4 made disclosure statements in which they disclosed that they took Martandagouda (deceased) in the car driven by PW-5, later killed him and then tied the dead body with cement slabs using bedsheet and dumped into the canal water. It is contended that of course the aforesaid disclosure statement falls within the purview of Section 27 of the Indian Evidence Act,1872, as they led to the discovery of facts. It is also contended that the dead body was recovered on 04.01.2012 and it is not explained by the accused as to how they came to possess the knowledge that the dead body was concealed in the canal.

Tulasareddi @ Mudakappa vs The State Of Karnataka on 16 January, 2026