S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years

The recent tragic death of 34-yr old techie Atul Subhash, who is reported to have died by suicide due to marital discord with his wife and ensuing litigations, has sparked a debate around Section 498A of Indian Penal Code.Unfortunately though, the issue of misuse of women-centric laws - Section 498A IPC in particular - is not new. It has continued to surface over the years, with even the Supreme Court of India raising concerns about Section 498A IPC being exploited by disgruntled wives as a...

How Nepal Can Transform Its Mediation Landscape With Insights From Singapore's Success

In recent years, mediation has gained prominence as an effective alternative to court-based dispute resolution in Nepal, rooted in traditional practices where village elders once played a pivotal role. This approach has evolved from informal community solutions to a regulated process, particularly with the enactment of the Mediation Act in 2011 and constitutional mandates promoting alternative dispute resolution. Despite these advancements, Nepal's mediation landscape, while progressive,...

Reining in Excess: Punjab & Haryana High Court's Judgments Curtailing ED's Arbitrary Powers

The arrest and detention under the Prevention of Money Laundering Act often turn out to be a punishment due to the wide powers given to the Enforcement Directorate (ED) and its stringent bail provisions. The Supreme Court, in August, pointed out that after the amendment, over the past ten years, around 5,000 cases have been registered under the PMLA, but conviction has been obtained in only 40 cases.In the evolving jurisprudence of the Prevention of Money Laundering Act (PMLA), the Punjab and...

Thirty Seven Horses Under PMLA: A Peculiar Intersection Of Law, Luxury, And Financial Crimes

When discussing the Prevention of Money Laundering Act, 2002 (PMLA), we often think of freezing bank accounts, attaching properties, or seizing luxury vehicles. Yet, in a recent and rather unique case, the attachment of more than three dozen horses worth approx. 4 crores, under the PMLA provisions made headlines, sparking conversations about the evolving nature of asset seizure in financial crime investigations.This case not only highlights the peculiarities of luxury assets but also underlines...

Criminal Liability Of Panel Advocates In Bank Fraud Cases

The primary business of banks is to give loans and charge interest. However, before sanctioning the loan the bank has to do its due diligence and ensure that the borrower can pay back the loan so that the said loan does not turn into a Non-Performing Asset (NPA). For this purpose, the bank does due diligence which includes a number of things such as collection of customer verification reports, Income Tax reports of the borrower, brief confidential reports on individuals (borrower/guarantor),...

Navigating Intersection Of Anti-Money Laundering And Recovery Laws: The Imperative For Collaboration And Cooperation

The legislative efforts to combat money laundering activities in the country and the legislative measures to deal with the recovery of nonperforming assets in the Banking sector without the intervention of courts of law coincided in the same year with the passage of two special Acts in the year 2002.These two Acts, (Prevention of Money Laundering Act 2002 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002) though passed in the same year,...

Disclosure Of Trade Secret On The Path To A Patent: Lacunae In The Law

The term “patent”[1] refers to an exclusive monopoly or right that has been granted to the inventor for a particular product, or the process that goes into the making of the product. This could either be because it offers the general public a novel method of using a pre-existing procedure, (or process) or a new device which provides a solution to an already existing problem (product). When a patent is granted, it gives the owner the right to prevent other individuals (competitors or otherwise)...

Impact Over Intention – Abuse By Caste Name

Within a month, the Rajasthan High Court, in two different cases, quashed the charges, inter alia, under section 3(1)(r), of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“SC/ST Act”) and the similarly worded section 3(1)(x) of the erstwhile SC/ST Act. On 12 November 2024, the court, in Achal Singh and others v. State of Rajasthan (“first case”), held that bhangi, neech, bhikahri, and mangani are not caste names. Further, the court held that the petitioners...

Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure

This article is an attempt to highlight the complexities involved under Section 29A of the Arbitration & Conciliation Act, 1996. The “complexities” referred to are not only limited to the litigants involved in the arbitration, but also extends to the Advocates and Arbitral Tribunal. Additionally, this article also touches upon how the power conferred upon the “Court” under sub-section (4) onwards is creation of a paradoxical situation, which defeats the underlying Principle of Party...

The Babri Demolition and the Judiciary: Ineptitude or Incompetence?

On the thirty-second anniversary of the shameful demolition of the Babri Masjid, we see that the Pandora's box has been opened. There are several litigations by plaintiffs belonging to the majority community about alleged temples that are believed to have existed on the lands occupied by mosques and dargahs. Sambhal and Ajmer Sharif are the latest instances. The Places of Worship (Special Provisions) Act, 1991, which put an end to all litigation concerning places of worship other than Ayodhya...

Regulating Puffery:The No.1 Solution To Covert Disparagement

Earlier this year, the High Court of Delhi (“DHC”) in Kent RO Systems Ltd. v. Advertising Standards Council ofIndia & Ors., held that puffery falls outside the scope of disparaging advertisements. This means that advertisers shall not be penalized for making exaggerated or vague claims in their advertisements as a legitimate marketing strategy. This decision has reignited the debate on whether the present legal position on puffery adequately protects the main stakeholders – the...

A Legal Intro To Redevelopment In Mumbai

Mumbai, India's financial capital and most populous city, faces a monumental challenge in accommodating its ever-growing population within its limited geographical area. The scarcity of land and the high population density have made redevelopment an essential tool for urban planning and growth management. Redevelopment involves the reconstruction of old, dilapidated buildings to optimize land use, improve living conditions, and create additional housing stock.However, the redevelopment process...