Difference Between Mortgage By Conditional Sale And Sale With An Option To Repurchase

The difference between Mortgage by Conditional Sale and Sale with option to repurchase continues to be a vexed question despite being answered by several Courts. Both the deeds are seldom expressed in identical terms. The most rudimentary exercise is perusal of the document in its entirety, analysis of the same where the language used is express and clear. However considering the old nature of documents executed by rustics, scribed by men who lacked the legal acumen which invariably has resulted...

Reproductive Autonomy And State Negligence: A Legal Analysis Of Women Bodily Rights In India

In the recent news by India today it was covered that around 173-180 tribal women were sterilized at Community Health Centre (CHC) in Bag, Dhar district of Madhya Pradesh. Again, forceful removal of women uterus in the name of diagnosing menstruation related problem just to make them work and not to give me leave. This raises serious question on the government and regulatory authority regarding the safety and autonomy of the women. India's family Planning scheme has long been considered as one...

Why Attendance In Law Schools Reflects A Civilisational Crisis And Demands Structural Intervention

In recent weeks, the issue of law students' attendance in classrooms has received considerable public attention. Several colleges debarred students from appearing in the examination due to insufficient attendance, sparking an uproar on social media. Those criticising the college's actions relied heavily on the judgement delivered by the Delhi High Court in November last year. Challenging the Delhi HC judgement, the Narsee Monjee Institute of Management Studies (NMIMS) has filed a plea. In its...

Power Always Must Be Accompanied With Grace

Rhetorically, the Bar and the bench are by design Siame twins. In practice however , one is the proverbial Big Brother. By systemic mechanics the later is far too dependent on the former on a day to day basis to perpetuate the myth that they are in fact operationally but two sides of the same coin. Perhaps it is not a coin of popular functional currency. The issue yet again comes up for mention and concern in the context of a young lawyer green behind the ears taking on a High Court...

Court Culture As A Missing Variable In Judicial Reform

Judicial reform in India cannot be reduced to vacancies, infrastructure and technology. These matter, but the everyday culture of courts decides whether formal reforms actually improve access, quality and trust.India's judicial reform debate usually begins with pendency. This is understandable. The National Judicial Data Grid shows a huge burden on district and taluka courts, with lakhs of cases pending for more than 10 years. It also shows a recurring gap between institution and disposal in the...

GST Arrests Post Radhika Agarwal V. Union of India: Has Supreme Court Redefined Tax Investigations?

For many businesses facing GST investigations today, the process itself often becomes the punishment. Notices are issued; documents are asked for; top management is being called upon so many times, and arrest, even without the final assessment, is a looming possibility. Many taxpayers have already alleged that the threat of arrest is itself used as a pressure tactic during the...

Increase In Supreme Court Strength Through Ordinance-A Critique

It has become fashionable to talk of increasing the judge-strength to cope with the mounting work and pendency in courts. That is spoken of even about the highest court. Such talk is translated into action by increasing the number of judges. The Constitution originally fixed the strength of the Supreme Court to be eight-the Chief Justice of India and seven other judges. The Constitution enables Parliament by law to increase the strength. That has been done quite a few times over the 76 years of...

Before Passing Laws, India Must Forecast Court Burden—Starting With Tribunals

The Chief Justice of India has reportedly constituted a Judicial Infrastructure Advisory Committee to assess the infrastructural requirements of courts across the country and support a demand for nearly Rs. 40,000-50,000 crore in government funding. The figure is striking, but the deeper issue is timing. India usually counts judicial capacity after pendency has accumulated, after vacancies have slowed disposal, after courtrooms have become inadequate, and after litigants have already paid for...

Corruption In Judiciary Cannot Be Whistled Away

The judiciary is the last institution Indians are told to trust when everything else fails. That is precisely why even the suggestion of corruption, pressure, or influence within it is so disturbing. The latest remarks reported from the Madras High Court, along with the separate episode last year in which a judicial member of the NCLAT Chennai Bench recused himself after saying he had been approached under pressure, have reopened an uncomfortable but necessary debate: how resilient is judicial...

A Flawed Interpretation Of Section 468 Cr.P.C. By The Apex Court In Roma Ahuja's Case And An Equally Flawed Provision In The “Explanation” To Section 514(3) BNSS

A FLAWED INTERPRETATION OF SECTION 468 Cr.P.C BY THE APEX COURT IN ROMA AHUJA'S CASE (2026 LiveLaw (SC) 351) AND AN EQUALLY FLAWED PROVISION IN THE “EXPLANATION” TO SECTION 514 (3) BNSSC O N T E N T SSl. NoI N N E R T I T L E SPARA No1Facts leading to the above verdictChronology of relevant datesExtracts from the judgment in Roma Ahuja's caseNOTES BY THE AUTHORNOTES BY THE AUTHOR123332The fallacy behind the above conclusion of the Apex Court43THE MECHANICS OF THE CURIAL ACT OF TAKING...

Revisiting Age, Consent And Criminalisation Under POCSO Act, 2012

On 10 January 2026, the Supreme Court in State of Uttar Pradesh v. Anurudh[1] urged the Union Government to consider introducing a Romeo-Juliet clause under the Protection of Children from Sexual Offences Act, 2012. The suggestion reflects a growing judicial concern that a statute enacted to protect a “child” from sexual exploitation is increasingly being invoked against adolescents involved in consensual relationships. The challenge under POCSO is not the age of consent itself, but the...

When Punjab Pays Twice: Hidden Cost Of How State Arbitrates

Picture this. A contractor files a claim of about eleven crore rupees against the Punjab government. After a long arbitration, he is awarded six and a half crore — far less than what he asked for, a result the State should be relieved by. And yet, by the time interest at eighteen per cent is added on for the years before, during, and after the proceedings, the State ends up shelling out close to twenty crore rupees. The interest alone is more than twice the principal. The taxpayer pays. Quietly....