The Principle of Just Desert and Judicial Discretion in Sentencing
Sentencing is the final stage of criminal justice system. Once guilt is established beyond reasonable doubt, the Court must translate that finding into an appropriate quantum of punishment, and it does so without any statutory formula. The result, has long been observed, is in the wide discretion vested in Courts […]
Attestation Does Not Silence Suspicion: The Supreme Court Clarifies The Law On Wills
BACKGROUND OF THE CASE The Hon’ble Supreme Court in Sardari Lal v. Bhishan Dass & Ors, examined the legal principles governing proof of a Will under the Indian Succession Act, 1925 (“Succession Act”) and the Indian Evidence Act, 1872 (“Evidence Act”). The judgment reiterates that although execution of a Will […]
Ankhim Holdings Pvt. Ltd. &Anr. v. Zaveri Construction Pvt. Ltd: Status of prior proceedings when arbitrator is substituted under Section 15
Introduction The present case arises from a civil appeal against the order of the Hon’ble Bombay High Court (“High Court”) in a petition filed by the Appellants herein under Section 15(2) of the Arbitration and Conciliation Act, 1996 (the “Act”). The High Court while substituting the arbitrator as prayed for, […]
HON’BLE SUPREME COURT CLARIFIES THE SCOPE OF CONFISCATION UNDER PMLA
INTRODUCTION The Hon’ble Supreme Court’s decision in M/s Nav Nirman Builders & Developers Pvt. Ltd. v. Union of India[1] constitutes an important development in the jurisprudence surrounding the Prevention of Money Laundering Act, 2002 (“PMLA”). The Hon’ble Apex Court was called upon to interpret Section 8 of the PMLA, particularly […]
The Jurisprudence of Proportionality & Police Discretion: Countering the Plague of Blanket Bank Account Freeze and Excessive Lien under BNSS
1. Introduction In recent years, the power of the Police to freeze bank accounts in the course of criminal investigations particularly in cases of cyber fraud has come under increasing judicial scrutiny. What began as a tool to secure suspected proceeds of crime has, in practice, evolved into a routine of blanket and excessive freezes […]
INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) AMENDMENT RULES, 2026: A DETAILED LEGAL ANALYSIS
1. Background In recent years, Artificial Intelligence (“AI”) has evolved at an unprecedented pace. Today, advanced AI tools can generate highly realistic content from fabricated videos of individuals speaking words they never uttered, to cloned voices, manipulated images, and deepfakes that are nearly indistinguishable from reality. While these technological advancements […]
Secondary Evidence Under Evidence Act: Supreme Court Rejects Photostat Power of Attorney Without Section 65 Foundation (2026) – THARAMEL PEETHAMBARAN & ANR. V. T. USHAKRISHNAN & ANR
INTRODUCTION The Hon’ble Supreme Court of India in the matter of Tharamel Peethambaran & Anr. v. T. Ushakrishnan & Anr., decided on 06 February 2026, and authored by Justice S.V.N. Bhatti, examined the scope of the High Court’s jurisdiction under Section 100 of the Code of Civil Procedure, 1908, particularly […]
Supreme Court on Free Speech: Criticism Is Not a Crime, FIR Quashed in Imran Pratapgarhi Case
Brief: In the context of a video clip containing a poem, the Hon’ble Supreme Court examined whether its contents incited one community against another, promoted enmity, hurt religious sentiments, or posed a threat to national unity. Emphasizing the protection of free speech under Article 19(1)(a), the Hon’ble Court held that […]
HIGH COURTS ARE NOT APPELLATE FORUMS OVER THEMSELVES: SUPREME COURT ON LIMITS OF REVIEW IN ARBITRATION MATTERS
INTRODUCTION The Hon’ble Supreme Court of India delivered a significant judgment on 28.11.2025, in the matter of “Hindustan Construction Company Ltd. vs Bihar Rajya Pul Nirman Nigam Limited” addressing critical questions concerning the review jurisdiction of High Courts under the Arbitration and Conciliation Act, 1996 and the enforceability of arbitration […]
SUPREME COURT: IF TITLE IS UNDER A CLOUD, MANDATORY INJUNCTION FAILS — FILE SUIT FOR POSSESSION INSTEAD
A. INTRODUCTION The Hon’ble Supreme Court of India in the case of Sanjay Paliwal & Anr. v. Bharat Heavy Electricals Ltd.¹, reaffirmed the principles governing the maintainability of suits for mandatory injunction under the Specific Relief Act, 1963 (“SRA”). The Hon’ble Supreme Court upheld the Uttarakhand High Court’s decision, and […]
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