Basic Structure DoctrineThe basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. ...
The Supreme Court in it's landmark judgment, The Bijnor Urban Cooperative Bank Limited, Bijnor & Others v. Meenal Agarwal & Others (AIR 2022 SC 7), delivered on December 15, 2021, the S...
In Indian constitutional law, judicial appointments have long been a subject of intense debate and scrutiny. The process through which judges are selected has significant implications for judic...
The word Lien is usually of commercial parlance, and it usually means the right which a Debtor has over goods of the person, to whom money has been lend. However, in Service Jurisprudence it re...
The transfer of cases is an important legal mechanism provided under Indian law to ensure justice, fairness, and convenience for all parties involved. When a party to a ca...
The judiciary is the most significant pillar of any civilised society and a crucial administrative component in the modern world. Just and fair trials, freedom of speech, and expression are amo...
Recently, the Supreme Court criticized the practice of "bulldozer justice," emphasizing the recent trend of demolishing properties based on criminal allegations against the accused or...
Olga Tellis v. Bombay Municipal Corporation Facts: The state of Maharashtra and Bombay Municipal Corporation decided to evict the people residing in slums and pavement dwellers in Bombay...
On Wednesday, 13th November 2024, the Supreme Court passed a judgement on the "Bulldozer Action", which represents a watershed moment. The essence of the judgement is that no property, legal or...
In an era where digital platforms increasingly shape the social fabric of nations, India has taken a groundbreaking step toward protecting its most vulnerable citizens. On September 23, the ...
The Supreme Court of India's judgment in Arnesh Kumar vs. State of Bihar (2014) stands as a judicial milestone, reshaping the interpretation and implementation of Section 498A of the Indian Pen...
This article delves into the intricate landscape of remission policy in India, a topic that gained prominence following the controversial remission of 11 individuals convicted of heinous crimes...
Harish v/s The Inspector Of Police The POCSO Act, 2012 was introduced by the Union legislature to provide a common framework for providing safety and ensuring to reduction of the level of crime ...
Case Analysis: Sushila Aggarwal v. State of NCT of Delhi, (2020) 5 SCC 1Background of the Case The case of Sushila Aggarwal v. State of NCT of Delhi revolved around the interpretation of Section...
State of Himachal Pradesh v. M/s Gujarat Ambuja Cement Ltd. (2022)The case of State of Himachal Pradesh v. M/s Gujarat Ambuja Cement Ltd. (2022) focuses on the interpretation and application of O...
Container Corporation of India Ltd v. Ajay Khera (2023) Detailed Case Analysis Background of the Case: The case revolves around the conflict between business interests and environmental c...
Alagammal v. Ganesan (2023) Provision Involved Specific Relief Act, 1963 – Specific Performance of a contract. The case of Alagammal v. Ganesan (2023) deals with the ...
Union of India vs. B.T. Patil & Sons Belgaum (2024) Provisions Involved: Exim Policy (1992-1997): This Export-Import policy governs duty drawbacks, specifically in relation to...
Case analysis: Sushil Kumar Pandey & Ors. vs. The High Court of Jharkhand Provision Involved: Rules 14, 18, 21, and 22 of the Jharkhand Superior Judicial (Recruitment, Appointment, and Cond...
Case analysis of: High Court Bar Association, Allahabad v. State of U.P. & Ors. Provisions Involved: Article 142 of the Constitution of India: This Article allows the S...
Case Analysis of: Cdr Seema Chaudhary vs. Union of India (2024) Provision Involved: Articles 32 and 142 of the Indian Constitution: These provisions deal with the power ...
The Apex Court in Dahiben vs. Arvindbhai Kalyanji Bhanusali (Gajra) (D) Thr Lrs (2020) 7 SCC 366 pronounced a landmark judgment on issues surrounding the cancellation of a sale deed, fraud, and...
The judiciary of India, often heralded as the sentinel on the qui vive for the rights and liberties of its citizens, is vested with immense powers, particularly by virtue of the Supreme Court's...
The doctrine of the curative petition represents a significant facet of the Indian judicial system, epitomizing the apex court's commitment to rectifying its own erroneous judgments. First crys...
Contextualising the Court's decision: introduction About 10 years after the plight of a visually impaired Scheduled Caste woman who was raped reached before the bench of Dr. D.Y. Chandrachud and...
Quota within quota: what happened and what's next?The Supreme Court's recent judgement about subcategorisation within the Scheduled Caste categories and as a result, overruling its own decision o...
Injustice Anywhere Is A Threat To Justice Everywhere. - Martin Luther King Jr. The Supreme Court of India and other high courts on numerous occasions, exercised its authority to initiate cases...
The Indian Criminal Justice System is considered to be one of the most critical and overwhelming systems in the world, India is the most populous country in the world. It is not a surprising ...
'If you ask me, my ideal would be the society based on liberty, equality and fraternity. An ideal society should be mobile and full of channels of conveying a change taking place in one part to...
The power to arrest under the Prevention of Money Laundering Act (PMLA) cannot be exercised on the whims and fancies of Directorate of Enforcement (ED) officers'' {Supreme Court in Arvind Kejr...
In the last 20 years, there has been a notable shift in the world, primarily due to the impact of digitalization. Modern technologies have revolutionized every industry, from banking to healthc...
On July 10th 2024, Justice AG. M July 10th 2024, Justice AG. Masih & Justice BV. Nagarathna of the Supreme Court penned a landmark judgement on the jurisprudence of the right to maintenance un...
Case title: Mohd Abdul Samad v. The State of Telangana & Anr. Special Leave to Appeal (Crl) 1614/2024 Bench: Justice BV Nagarathna and Justice Augustine George Masih Facts: The Sup...
The Indian judiciary is facing a daunting challenge with approximately 80,000 cases languishing in the Supreme Court, creating a significant backlog. This accumulation of pending cases has prof...
Facts: The government of Maharashtra and the city administration of Bombay planned the demolition of the shelters belonging to slum-resided people and flights of stairs pavement dwellers in Bo...
Case Analysis of M. Siddiq (D) Thr. Lrs. v. Mahant Suresh Das 2019 SCC OnLine SC 1440 Parties to the Case: Appellant: M. Siddiq (D) Thr. Lrs. (legal representatives) v/s Respondent: Mahant S...
"If the right to vote is a statutory right, then the right to reject a candidate is a fundamental right of speech and expression under the Constitution."(Hon'ble Supreme Court in PUCL v UOI, 20...
As the highest court in the nation, the Indian Supreme Court is essential to upholding the rule of law and defending the rights and liberties of its residents. Since its founding in 1950, the S...
It is common knowledge that complaints, suits, appeals, revisions & other modes of redressal filed before Courts/ Authorities are filed beyond the statutory timelines and due to inadvertenc...
The Supreme Court would ordinarily be slow to interfere in an order of acquittal. The powers of the appellate court in an appeal against acquittal are no less than in an appeal against convicti...
Amendment of Plaint Legally Permissible At Any Stage of The SuitIt is settled law that amendment of a plaint can be made at any stage of a suit. The Apex Court in a catena of judgments have categ...
Sublato Fundamento Cadit Opus is a Latin legal maxim which means The foundation being removed, the structure falls.According to Oxford Reference Sublato fundamento, cadit opus means that "...
Article 32 of the Constitution confers power on the Supreme Court to issue directions, orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and cer...
It is common knowledge that the Authorities often travel beyond the scope of the Show Cause Notice in Administrative/ Quasi-Judicial proceedings. The Courts have categorically held that such or...
Electoral financing stands as a cornerstone of democratic governance, serving as the lifeblood that fuels political campaigns, party activities, and policy advocacy. In democracies worldwide, t...
A crucial step towards incorporating the WhatsApp messaging platform into Supreme Court proceedings was taken when Justice DY Chandrachud, Chief Justice of the Indian Supreme Court, announced i...
IN February 2023, Delhi's Deputy Chief Minister Manish Sisodia was arrested and accused of providing undue benefits to liquor vending licensees. On July 8, 2022, the Chief Secretary sent a rep...
In this article, we discuss the significance and need for separate menstrual leave in organizations, besides examining its extent its extent legal positions in INDIA and across other jurisdicti...
The 2017 introduction of the Electoral Bond Scheme in India sought to transform political financing by permitting anonymous contributions to political parties using interest-free bearer securit...
It is common knowledge that employees are dismissed from service or strict punitive action is taken against them on the basis of Enquiry Reports, which the hapless employees are never confronte...
Freedom of speech and expression is a fundamental right enshrined in the Constitution of many nations, including India. The Supreme Court of India plays a crucial role in interpreting and uphol...
The Supreme Court of a country typically serves as the highest judicial authority. Its main roles include interpreting laws, settling disputes, upholding the constitution, and ensuring justice ...
Fundamental rights refer to the first and most important human rights guaranteed to all citizens of India. These rights are applied without any kind of discrimination irrespective of race, reli...
The Apex Court recently in the case of Rakesh Ranjan Shrivastava vs The State of Jharkhand & Anr in Criminal Appeal No. 741 of 2024 decided on March 15, 2024 dealt with the issue whether gra...
Supriyo@Supriya Chkaarborty & Others V/S Union Of India In a significant legal development, the Supreme Court has reaffirmed the rights of LGBTQIA+ individuals, marking a decisive victory in...
It is common knowledge that the complainants, in undue hurry, file the criminal complaint in the Court u/s 138 of the Negotiable Instruments Act, 1881 before the expiry of the mandatory period ...
The Supreme Court of India struck down the Electoral Bond Scheme in a ground-breaking verdict in February 2024. It made a pivotal moment in the country's ongoing struggle to refine political fu...
Is a Complaint on the basis of a second or successive Statutory Notice u/s 138 NI Act, issued after Re-Presentation of a dishonoured cheque, maintainable? A primary/jurisdictional objection in...
Raisina Hills Is Polluted - Not Just EnvironmentallyBenjamin Franklin was asked whether they are a Republic or Monarch a republic if you can keep it, he replied. On 7th August 2023, the chamber o...
Dishonour of cheque, for reasons enumerated in Section 138 of the Negotiable Act, 1881, attracts criminal proceedings under the NI Act and the drawer/accused can be punished with imprisonment f...
Can a Person be prosecuted under both Section 420 of IPC & Section 138 of NI Act? If a cheque is dishonoured, the alternatives available with the drawee is to either file a civil suit or t...
Supriyo@Supriya Chkaarborty & Others v/s Union Of India In a significant legal development, the Supreme Court has reaffirmed the rights of LGBTQIA+ individuals, marking a decisive victory in...
There is common misconception as to whether a 'Post-dated cheque' is a cheque in the eyes of law particularly under the NI Act and if a postdated cheque is legally not a cheque then when does i...
It is a common defence of the accused, in complaints filed u/s 138 of the Negotiable Instruments Act, 1881, that signed blank cheques of the drawer have been misused by the complainant and to b...
It is common knowledge that sometimes cheques are dishonoured by the Bank with the remark "Account Closed". The drawer/accused plead in the Court that the dishonour of cheque for the ...
The Apex Court in Sadanandan Bhadran v. Madhavan Sunil Kumar (1998) 6 SCC 514 categorically held that the complaint filed on the basis of the second dishonour of a cheque after the payee of the...
In the era of globalization, the advent of Information and Technology has significantly reshaped our lives, with electronic transactions becoming routine. Consequently, as courts address variou...
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (C) No. 880 of 2017 Association for Democratic Reforms & Anr. �Petitioners Versus Union of India &...
In 2018, the government introduced electoral bonds as a means of political funding, allowing anonymous donations to political parties through the State Bank of India (SBI). However, this move f...
The sealed cover documents were always controversial due to their contradictory nature towards the principle of fair and natural justice, open court system, and transparency. Several judges cri...
The Doctrine of 'Basic Structure' is considered the most potent tool in the hands of the Indian judiciary to maintain the balance of power, the checks and balances that are required for a smoot...
The SC/ST (Prevention of Atrocities) Act, 1989, designed to protect the rights of Scheduled Castes and Scheduled Tribes in India, has faced significant judicial scrutiny. Recent judgments have ...
Prostitution is a business or practices in which male or female take part in sexual activity in return of money. People who are engaging in this kind of activity is called prostitute. Status of...
"Bridging the gap made by gender injustice is the challenge of decade that needs to be addressed" Introduction Indian soil had always been entangled with deep etched roots of gender...
The judicial landscape in India has been significantly shaped by landmark judgments that have not only interpreted the law but also sought to bring about essential reforms in the administration...
The judiciary represents a distinct realm, embodying the cradle, the arena, and a manifestation of law and justice as an entity independent from external interference. This independence ensures...
Introduction: Encouraging a strong judicial exchange between diverse systems is crucial in this age of legal globalization, especially for those systems that hold common beliefs and ideals. Al...
The Indian Supreme Court grants the privilege for a representative designated as an Advocate-on-Record (AOR) to act and argue in favour of their clients pursuant to the Order IV, Rule 5 of the ...
Introduction In India, if a party is not satisfied with the judgment or order of the Supreme Court, they have the option to file a review petition as a legal remedy. The review petition is pre...
In India, a curative petition serves as a legal remedy that individuals can use to seek a review of a final judgment or order issued by the Supreme Court. This option is available even after th...
The Constitution of India grants the Supreme Court with exclusive power to provide special leave for appeal against any judgment, order, or decree made by any Court/tribunal within Indian Terri...
Brief Facts: The appellant is a firm which deals in bullion and other goods at Amritsar. Ralia Ram was one of its partners. Ralia Ram arrived at Meerut. His object in going to Meerut was to...
Recently , the Hon'ble Supreme Court in Irfan @ Naka V. State of Uttar Pradesh held that Dying Declaration must be voluntary and must not be the result of any kind of tutoring or prompting or a...
"All Rights Secured To The Citizens Under The Constitution Are Worth Nothing And Mere Bubble, Except Guaranteed To Them By An Independent And Virtuous Judiciary" On 28 January 1950, a mere t...
The Vineeta Sharma v. Rakesh Sharma[1] case revolves around the concept of the coparcenary rights of the daughter and the Hindu Succession Act. Before the ancient Mitakshara Law of Hindu was foll...
Case comment: Laxmibai chandaragi v. the state of Karnataka [1]Case name: laxmibai chandaragi v. the state of Karnataka Date of judgement: February 8, 2021 Appellate: laxmibai chandaragi b. and...
This is a case relating to professional misconduct by the advocate. Professional conduct is that kind of manner which is outside the bounds of what is considered acceptable or worthy of its mem...
Writs are extraordinary legal remedies available under the Indian Constitution to safeguard fundamental rights and ensure justice and fairness in the legal system. These writs are essentially c...
The judiciary has time and again intervened and protected the environment by overstepping its power. Despite all criticism and backslash for overstepping its authority, one aspect where everyon...
Today I am highlighting one of the topic whose exaggeration view should be known to every citizen of India the topic I'm covering is collegium system of India In India we follow the collegi...
Smith V Hughes, [1960] 1 Wlr 830Facts Of The Case: The defendant was a common prostitute who maintained a residence at 39 Curzon Street in London, W., and engaged in prostitution there. The defe...
The Shiv Sena is a political party based in the Indian state of Maharashtra. Founded in 1966 by Bal Thackeray, the party has been a significant player in Maharashtra politics for several decade...
The Krishna Janmabhoomi At Mathura Case is a long-standing dispute between the Hindu and Muslim communities in India. The dispute revolves around a site in Mathura, Uttar Pradesh, which is beli...
In this article, we will take a closer look in this debate focusing on the related but distinct concept of privacy and right to privacy. An attempt has been made to throw the light on the recen...
India Justice Report 2023 (IJR )IndiaToday tells that on an average per judge in High Court hears around 20-150 cases, narrowing it to an average of 70 hearing per day. Imagine the pressure a ...
As we know that any democratic country, the independent judiciary has a vital role in administering justice and ensuring the rule of law and realization of human rights in society but to achiev...
Do Proceedings u/s 138 of NI Act abate when proceedings under Insolvency and Bankruptcy Code 2016 are set in motion? It is common notion that once a business entity applies for insolvency unde...
The Supreme Court of India is the country's highest judicial body, with a significant impact on the legal and social fabric. In recent years, the court has issued several landmark decisions on ...
The law relating to labor and employment is also known as Industrial law in India. The history of labor legislation in India is come from the British rule. Most of the acts are established by t...
On 14th July 2020, the Hon'ble Supreme Court of India delivered its judgment in the case of Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal and Others[1]. The Supreme Court while overrul...