Delhi High Court ruling on lawyers’ offices and property tax In a landmark ruling that clarifies the legal distinction between professional and commercial activities, the Delhi High Court has held that an advocate’s office operating from a residential building cannot be subjected to property tax as a “business building” under the Delhi Municipal Corporation (DMC)…
Allahabad HC on Gangsters Act Property Attachment In a powerful reaffirmation of judicial independence and due process, the Lucknow Bench of the Allahabad High Court has held that a court cannot function as a mere “post office” or “mouthpiece” of the State or the District Magistrate while dealing with cases under the Uttar Pradesh Gangsters…
Kerala HC on default bail and cash deposit condition In a significant reaffirmation of judicial restraint and procedural fairness, the Kerala High Court has held that Magistrates cannot impose conditions requiring cash deposits while granting statutory (default) bail. The ruling, delivered on May 30, 2023, by Justice Raja Vijayaraghavan V. in Rajesh @ Malakka Rajesh…
Why India Must Rethink and Consider Abolishing Life Imprisonment “Life imprisonment means behind bars for life. It is worse than death to keep a person confined for his entire life in jail rather than taking his life.” That was Justice V.R. Krishna Iyer’s blunt verdict on a punishment most of us accept without question. Yet…
Judicial Restraint and Overreach: COVID-19, Courts, and the Limits of Power As India battled the second wave of COVID-19 in 2021, the judiciary found itself at the center of public attention not for its judgments alone but for its fiery remarks. From the Delhi High Court warning that it would “hang any person” obstructing oxygen…
Supreme Court Reaffirms That Extra-Judicial Confession Must Be of Sterling Quality In criminal trials, a confession by an accused can decisively influence the outcome of a case, but its admissibility depends on the circumstances and the person before whom it is made. The law distinguishes between judicial confessions—made before a court or magistrate—and extra-judicial confessions,…
Supreme Court clarifies group of companies doctrine in Cox & Kings The Supreme Court of India has finally settled a long-running debate over whether companies that did not sign an arbitration clause can nonetheless be bound by it. In a Constitutional Bench decision delivered on 6 December 2023, the court in Cox & Kings Ltd….
Article 25 and Conversion Laws When the framers of the Indian Constitution debated the meaning of religious freedom, they made a deliberate choice to protect conscience while guarding the public order. Article 25(1) grants every person the right to freedom of conscience and to freely profess, practise and propagate religion. At the same time the…
Industrial Relations Code 2020 labour reforms India’s labour laws have long been known for their complexity and overlap. The Second National Commission on Labour (2002) recognized this and recommended consolidation to improve compliance and promote uniformity. Acting on those recommendations, the Ministry of Labour and Employment introduced four new labour codes between 2019 and 2020,…
Ambedkar and caste-based discrimination in India India’s social fabric, though rich in culture and diversity, continues to bear the deep scars of caste-based discrimination. Despite constitutional guarantees of equality, the shadow of untouchability and social exclusion still looms large over millions of Dalits and Adivasis. Dr. Annie Besant once said, “The political ills of India…