Why Usufructuary Mortgages Don’t Die With Time: Supreme Court Explains
The Supreme Court, in a clear ruling to protect the rights of mortgagors, has held that in cases of usufructuary mortgages, the time limit for seeking redemption does not begin when the mortgage is created. Instead, it starts only when the mortgage amount is fully paid or legally adjusted. The Court rejected the argument of […]
Justice Revati Mohite Dere: When The Law Spoke Softly-And Stood Firm
As Justice Revati Mohite Dere prepares to take charge as Chief Justice of the Meghalaya High Court, it is a moment to reflect not just on her judgments or achievements, but also on the values she brings to the courtroom. I had the privilege of interning under her, and this piece is written from that space […]
“State Can’t Profit From an ‘Unborn Instrument’: Bombay HC Orders Stamp Duty Refund”
In a landmark ruling, Justice Somasekhar Sundaresan of the Bombay High Court, examined whether the court, while exercising its extraordinary powers under Article 226 of the Constitution, can order a refund of stamp duty paid on an agreement for sale that was never executed. The ruling makes it clear that, in suitable cases, fairness can […]
“You Can’t Re-Argue What’s Settled”: Bombay HC Revives IMAX’s Rs. 78-Crore Foreign Award Against E-City
The Bombay High Court has recently revived enforcement proceedings filed by IMAX Corporation to enforce foreign arbitral awards against E-City Entertainment (I) Pvt Ltd for breach of contractual obligations. The Court held that the principle of res judicata applies even at different stages of the same enforcement petition. It ruled that once a limitation objection […]
“Why the Supreme Court Says High Courts Can’t Grant Arrest Protection Without Quashing FIRs”
A significant order was recently passed by the Supreme Court, which set aside an Allahabad High Court order that had refused to quash a FIR. While doing so, the High Court had directed the police to complete the investigation within a fixed time and had granted protection from arrest “till the concerned court takes cognizance […]
Transparency Switched Off? Inside Bombay High Court’s Retreat From Open Courtrooms
What began as a landmark transparency initiative at the Bombay High Court has quietly receded. Months after live-streaming of proceedings was rolled out with high expectations, public access has been switched off in several key courtrooms. Among the courts that have disabled public access are the Chief Justice’s bench and a few other benches, even […]
Memory, Time, And Justice Collide: SC Refuses Late Recall of Child Witness, Curtails Section 311 Powers
In a significant ruling by the Supreme Court of India, Justice Vikram Nath and Justice Augustine George Masih addressed a contentious issue surrounding the examination of a minor witness in a dowry death case. The case arose from the suicide of a young woman in 2017, which was allegedly caused by cruelty and dowry demands […]
Breathing Through Tubes, Waiting For Release: Supreme Court Weighs A Heartbreaking Plea
The Supreme Court bench of Justice JB Pardiwala and Justice KV Viswanathan considered a heartbreaking AIIMS medical report on a 32-year-old man who has been in a vegetative state for the past 12 years after falling from a building. The court was hearing a plea filed by his father seeking permission for passive euthanasia to […]
“Whims, Caprices and Lawlessness”: Bombay HC Comes Down Hard On Maharashtra Police
In a strong rebuke, the Bombay High Court pulled up the Maharashtra police and state authorities for failing to comply with the Bharatiya Nagarik Suraksha Sanhita (BNSS), which came into force in July 2024. The court questioned why key procedures under the new criminal law were being ignored months after its implementation. A bench of […]
Recoveries From Pocket Don’t Count—Why Does The SC Say Not Every Recovery Is A ‘Discovery’ Under Section 27?
The Supreme court has clarified the scope of Section 27 of the Indian Evidence Act, ruling that merely recovering incriminating articles from the custody of an accused person does not amount to “discovery’’based on a disclosure statement. The bench of Justice Ahsanuddin Amanullah and Justice K. Vinod Chandran held that for Section 27 to apply, […]