The Grammar Of Love And Law

Delhi High Court’s revival of a forgotten tort restores structure to intimacy, recognising that freedom in love must coexist with accountability.

The Verse Of Verdicts: When Law Finds Its Soul In Poetry

Life, in its purest form, is poetry. But lately, it feels more like a user manual—mechanical, perfunctory, and devoid of soul. We rush from one task to the next, our days dictated by notifications and deadlines. The old Hindi song from the movie Mausam often plays in my mind, where Sanjeev Kumar's character yearns for “Dil dhoondta hai, phir wohi fursat ke raat din” (The heart searches, once again, for those leisurely days and nights). It's a universal ache for a time of reflection, for lazy...

Section 138 BSA Is The Misconceived Product Of Judicial Misinterpretation

SECTION 138 BSA IS THE MISCONCEIVED PRODUCT OF JUDICIAL MISINTERPRETATION C O N T E N T SSl. No: I N N E R T I T L E SPARA NO:1INTRODUCTION12THE INTER-RELATIONSHIP BETWEEN “ACCOMPLICE” AND “APPROVER” AND THEIR TESTIMONIAL COMPETENCE 23WHY AN “ACCOMPLICE” OR AN “APPROVER” ?34THE RELEVANT LEGAL PROVISIONS IN THE EVIDENCE ACT SECTION 133 of Evidence Act SECTION 114 of Evidence Act Illustration (b) to S. 114 of Evidence Act44445NO INTERDEPENDENCE BETWEEN SECTION 133 AND...

Justice Atul Sreedharan's Transfer On Centre's Request Sets A Disturbing Precedent

The Collegium has signalled that its independence is susceptible to executive influence.

When Exceptions Swallow The Rule: Problem With Section 479 BNSS

According to the National Crime Report Bureau, over the last 10 years, the number of undertrial prisoners in jails has risen constantly, and around 77% of the population of total prisoners are undertrial prisoners1. The crisis of prolonged pre-trial incarceration is not merely administrative; it raises serious constitutional concerns related to personal liberty, the presumption of innocence, and the right to a speedy trial under Article 21, also defying the principle that bail is the...

Cognizance At Crossroads: An Analytical Examination Of The Proviso To Section 223(1) Of The BNSS

With the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, 'BNSS'), the Indian criminal justice delivery system has undergone a significant procedural overhaul. While the new codified law aims at to modernize the legal framework to expedite the justice delivery system in India, certain provisions capsulated therein have raised concerns about their compatibility with constitutional values and established jurisprudence. One such provision is the proviso to Section 223(1) of...

Hidden Doctrine In Gayatri Balasamy: How Supreme Court Used Implied Powers To Transform Arbitration Law

When the Supreme Court ruled on Gayatri Balasamy v. ISG Novasoft Technologies Ltd[1] it made waves, earning the title of the “modification judgment.” Most discussions centered on a key takeaway: Indian courts can now, in certain situations, modify arbitral awards rather than just nullifying them. However, if you dig a little deeper into those 61 pages, you'll uncover a more subtle yet significant shift. For the first time, the Court tapped into the Doctrine of Implied Powers to broaden the...

When Bulldozer Becomes The Law

The Indian Constitution was meant to protect citizens from arbitrary power; the bulldozer has come to symbolise its return. In recent years, India's skyline has changed not only through construction but through demolition, a spectacle where accusation replaces adjudication. When governments raze homes of those merely accused of crime, they bypass the courts and collapse the presumption of innocence. The bulldozer becomes a language of instant justice, its steel blade speaking louder than due...

Statutory Interpretation: Distinguishing Mandatory From Directory Provisions

In Lifestyle Equities C.V. & Anr. v. Amazon Technologies Inc., 2025 LiveLaw (SC) 974, the Supreme Court held that although Order XLI Rule 5 CPC uses the word “shall,” read with Rules 1(3) and 5(5), it does not make depositing the disputed amount mandatory for a stay of execution. These provisions are directory, giving the appellate court discretion to impose such a condition. Non-compliance may usually lead to rejection of a stay, but a stay can still be granted in “exceptional cases,” and...

Citizenship Act's Cut-off Dates: An Analysis Of Supreme Court's Balancing Act On Section 3 & Section 6A

Before discussing the legal aspects, it's essential to grasp Assam's special history and political situation. This context, unique within India, is key to understanding the issues since the state was formed on January 26, 1950. Historical Perspective Over centuries, various ethnic groups entered Assam at different points in time. The earliest ingress into Assam is attributed to the Indo-Aryans from North India, who migrated into the Brahmaputra Valley during the 3rd century A.D....

The Sanctity Of Cheque: Supreme Court Rules Cash Loan Limit Does Not Void Negotiable Instruments Act Liability

The Supreme Court of India recently delivered a judgment that conclusively resolved a long- standing interpretational issue at the intersection of commercial law and fiscal regulation, reclaiming the dignity of the cheque and clarifying the scope of liability under the Negotiable Instruments Act, 1881 (NI Act), thereby contributing to legal clarity and procedural consistency.The judgment, delivered in Sanjabij Tari v. Kishore S. Borcar, categorically determines that contravening the cash...

Fifty Years Of The Emergency: The Constitution, The Courts, And The Battle For India's Democracy

This article examines the constitutional crisis during the 1975–77 Emergency in India, focusing on judicial responses, executive overreach, and legislative subversions. It revisits key events including the Indira Gandhi v. Raj Narain verdict, the Supreme Court's controversial ruling in ADM Jabalpur, and the enactment of the 38th, 39th, and 42nd Constitutional Amendments, which sought to insulate the executive from judicial scrutiny. The article also highlights the lone dissent of Justice H.R....