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Showing posts with the label Indian Law

Supreme Court Questions Extent of Protection for Undocumented Rohingya Migrants

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The Supreme Court of India has once again placed the spotlight on the legal and constitutional status of undocumented Rohingya migrants, raising fundamental questions about the rights available to illegal entrants and the limits of judicial protection. The bench, led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, expressed strong reservations about extending welfare-oriented rights to individuals who entered the country without legal permission. Supreme Court’s Observation: “Cannot Roll Out a Red Carpet” During the hearing of a plea alleging the custodial disappearance of five Rohingya individuals previously detained by authorities, the bench remarked that courts and governments cannot be expected to “roll out a red carpet” for persons who cross borders illegally. The Court emphasised that while humane treatment is non-negotiable, illegal entrants cannot demand rights on par with Indian citizens, especially when millions of citizens still struggle for basic entit...

Tenancy Rights Cannot Be Bequeathed in Breach of Contract: Bombay High Court Ruling

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Introduction In a landmark judgment impacting the transfer and inheritance of tenancy rights, the Bombay High Court held that tenancy rights cannot be bequeathed through a will if such transfer breaches the contractual terms between a tenant and landlord. Justice Gauri Godse delivered this ruling, emphasizing that permitting such bequests would effectively allow tenancy rights to be transferred to strangers, contrary to the intent and terms of tenancy agreements. Background of the Case The case involved a 2,000-square-foot flat and garage located in the Queen’s Court Building , near Oval Maidan, Churchgate, Mumbai . The property was owned by the Life Insurance Corporation of India (LIC) and leased to Dr. Darasahah Bharucha on May 19, 1986 . After the death of Dr. Bharucha’s wife, Tehmina, the tenancy was transferred to him. Following Dr. Bharucha’s death on September 11, 1994 , his niece Nilofer Marshall , the daughter of his cousin, continued to occupy the flat. Marshall cl...

The Online iPhone Scam Case: Legal and Constitutional Analysis

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1. Background of the Incident The Delhi Police recently arrested a 19-year-old Class 12 dropout, Aman, from Hisar, Haryana, for allegedly duping multiple individuals by offering heavily discounted iPhones through fake social media pages. Acting on digital trail evidence, the police traced his mobile number to his village and apprehended him through a late-night raid. According to the investigation, Aman had learned online fraud techniques from local cybercriminals. To conceal the proceeds of fraud, he transferred the money through multiple bank accounts. Victims were lured using manipulated images, forged screenshots of previous deliveries, and UPI payment links that appeared legitimate. One complainant stated that he made 29 UPI transactions totalling ₹65,782 , after being persuaded with false explanations regarding shipping and tax charges. No product was delivered, and communication was blocked afterward. The police have so far identified at least eight similar complaints , and...

SUPREME COURT CALLS DELAY IN DECREE ENFORCEMENT A “TRAVESTY OF JUSTICE”

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Introduction: Supreme Court Highlights Crisis in Execution of Decrees In a significant observation highlighting one of the most persistent issues in India’s justice delivery system, the Supreme Court of India has expressed deep concern over the massive pendency of execution petitions across the country. The apex court lamented that over 8.82 lakh execution petitions remain pending in district courts nationwide — a figure that renders judicial decrees “meaningless” and amounts to a “travesty of justice.” An execution petition is a plea filed by a decree-holder seeking enforcement of a judgment — such as recovery of money, transfer of property, or ensuring compliance with a court order. Despite judgments being delivered, the prolonged enforcement process often denies effective relief to the litigant. Background: Pendency and Supreme Court Monitoring The bench of Justices J.B. Pardiwala and Pankaj Mithal made these remarks while monitoring compliance with its March 6, 2025 dire...

The Case for Banning Real-Money Online Gaming in India

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The recent passage of the Promotion and Regulation of Online Gaming Act, 2025 has sparked a nationwide debate, with platforms like A23 Rummy challenging its constitutionality in court. However, when examined in the context of India’s socio-economic realities, this ban is not only justified but also a critical step towards protecting vulnerable citizens and ensuring responsible digital governance. Online Gaming: A Silent Epidemic In the last decade, online real-money gaming has become widely accessible, with platforms offering games like rummy, poker, and fantasy sports easily downloadable from app stores. These games often lure players with welcome bonuses and advertisements, promoting the illusion of quick financial gains. However, this accessibility has led to devastating consequences : Families have lost savings, assets, and livelihoods to addictive gaming platforms. There are increasing reports of mental health crises, suicides, and family breakdowns linked to gambli...

Stricter Immigration Rules Coming: Modi Govt’s New Bill Proposes Rs 10 Lakh Fine for Fake Passports

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Stricter Immigration Rules Coming: Modi Govt’s New Bill Proposes Rs 10 Lakh Fine for Fake Passports Introduction: Immigration and Foreigners Bill, 2025 The Modi government is set to introduce The Immigration and Foreigners Bill, 2025 in the ongoing Budget session of Parliament . The bill, to be presented by Union Home Minister Amit Shah , aims to replace multiple outdated laws and introduce stricter regulations regarding foreign nationals, passports, visas, and national security . Key Provisions of the New Bill 1. Heavy Penalties for Unauthorized Entry & Fake Passports Foreigners entering India without authorization may face a penalty of up to ₹5 lakh . Use of fake or fraudulently obtained passports could result in a fine of up to ₹10 lakh . Overstaying beyond visa duration could lead to three years' imprisonment and a fine up to ₹3 lakh . 2. Replacement of Outdated Laws The new Bill will repeal and replace the following laws: ✅ Passport (Entry into India) Act...

SC Seeks Centre’s Response on Muslim Woman’s Plea for Indian Succession Act Over Sharia Law

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SC Seeks Centre’s Response on Muslim Woman’s Plea for Indian Succession Act Over Sharia Law The Case at a Glance The Supreme Court of India has directed the Central Government to respond to a petition filed by a Kerala-based Muslim woman, Safiya PM , who seeks to be governed by the Indian Succession Act, 1925 , instead of Muslim Personal Law (Sharia Law) regarding inheritance. A bench led by Chief Justice Sanjiv Khanna , along with Justices Sanjay Kumar and KV Viswanathan , has given the government four weeks to file its response, with the hearing scheduled for May 2025 . Why Is the Woman Challenging Sharia Law? The petitioner, a non-believer Muslim , argues that since she does not practice Islam, she should be governed by secular inheritance laws rather than religious laws. ✔️ Sharia Law Restriction – Under Sharia law , a Muslim individual can only bequeath one-third of their property via a will. The remaining two-thirds is distributed according to Islamic inheritance rul...

Delhi High Court Discharges School Principal in Student Death Case: A Detailed Analysis

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Delhi High Court Discharges School Principal in Student Death Case: A Detailed Analysis In a significant ruling, the Delhi High Court discharged a government school principal, Rekha Kakkar, in a 2016 case concerning the death of a student due to alleged negligence. This article delves into the legal aspects of the case, the reasoning behind the court's decision, and an explanation of the applicable legal provisions, specifically Section 251 of the CrPC and Section 304A of the IPC . Case Background: What Happened? The tragic incident occurred in a government school in Delhi's Kapashera area in 2016. A four-year-old student died after falling into a septic tank on the school premises, allegedly due to negligence. An FIR was registered under Section 304A (Death by Negligence) read with Section 34 (Common Intention) of the IPC against the school principal, a Junior Engineer (JE), a contractor, and a school maid. The charge sheet was filed on July 5, 2016 , and the Metropo...

Marital Rape: NGO Seeks Intervention in Supreme Court

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Marital Rape: NGO Seeks Intervention in Supreme Court  Introduction The debate around marital rape continues to intensify as the Justice for Rights Foundation , a non-governmental organization, files an application in the Supreme Court of India. The NGO expresses concerns over the potential misuse of laws if marital rape were to be criminalized, arguing that existing legal provisions already protect women from abuse within marriage. Concerns Over Legal Misuse In their application, the NGO cites Section 498A of the Indian Penal Code , which has been widely criticized for its potential misuse. They argue that criminalizing marital rape could create an additional tool for malicious prosecution, which could have severe implications for innocent husbands. The application states:   > "Accusations of rape carry a severe social stigma, and false allegations could irreparably harm the reputation and lives of innocent husbands." Existing Protections The Justice for Rights Found...

Supreme Court Issues Stay on Defamation Proceedings Against Shashi Tharoor

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Supreme Court Issues Stay on Defamation Proceedings Against Shashi Tharoor On September 10, 2024, the Supreme Court of India stayed the defamation proceedings against Shashi Tharoor, a sitting Member of Parliament, while hearing his appeal in a Special Leave Petition (SLP) related to remarks made in 2018. The complaint was filed under Section 200 of the Code of Criminal Procedure (CrPC), accusing Tharoor of defamation under Sections 499 and 500 of the Indian Penal Code (IPC) for statements he made referring to Prime Minister Narendra Modi. Background of the Case The controversy stems from a speech made by Shashi Tharoor on October 28, 2018, where he quoted a metaphor that had previously appeared in an article published in The Caravan Magazine on March 1, 2012. Tharoor referenced the metaphor, allegedly made by an unnamed source in the RSS, describing Prime Minister Modi as a "scorpion sitting on a Shivling," a remark meant to illustrate the difficulty of managing Modi's l...

SC Reiterates Bail as the Rule, Jail as the Exception

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SC Reiterates Bail as the Rule, Jail as the Exception The Supreme Court of India has once again underscored the principle that bail should be the rule, and jail the exception. This reiteration came in a recent ruling where the apex court granted bail to an accused, Prem Prakash, in a money laundering case. The court emphasized the importance of not using statements given by an accused under custody as admissible evidence, especially when such statements are made under duress or coercion.  Inadmissibility of Statements Under PMLA Custody The Supreme Court bench comprising Justices B.R. Gavai and K.V. Viswanathan ruled that any statement made by an accused under Section 50 of the Prevention of Money Laundering Act (PMLA) while in custody is inadmissible. The court stressed that an accused in custody cannot be considered to be acting with a free mind, and any statement made under such circumstances could be unsafe and unjust to be used against them. This ruling came in the context of ...

Pune Porsche Car Case: Accused “Played with Judiciary” by Tampering with Evidence, Says Prosecution

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Pune Porsche Car Case: Accused “Played with Judiciary” by Tampering with Evidence, Says Prosecution  In a dramatic turn of events, the prosecution in the Pune Porsche car case has alleged that the six accused tampered with evidence, effectively "playing with the judicial system." The case involves a tragic accident on May 19, where a Porsche car, allegedly driven by a minor under the influence, killed two IT professionals in Pune's Kalyani Nagar area. Background of the Case On May 19, a high-speed Porsche car, driven by a minor, collided with two IT professionals, resulting in their deaths. The incident drew national attention and led to a complex legal battle. The accused include the minor's parents—Vishal Agarwal and Shivani Agarwal—along with medical professionals and middlemen who are alleged to have conspired to alter evidence. Allegations of Evidence Tampering Special Public Prosecutor (SPP) Shishir Hiray has argued that the accused, including the minor's pa...

Mumbai: Body Found in Bag at Dadar Railway Station; Two Arrested

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Mumbai: Body Discovered in Suitcase at Dadar Railway Station; Two Arrested In a shocking development at Dadar railway station, Mumbai Police have arrested two suspects following the discovery of a dead body in a suitcase. The suspects, identified as Jai Praveen Chavda and Shivjeet Surendra Singh, were apprehended in connection with the murder of Arshad Ali Sheikh, a resident of Santacruz. Discovery and Arrests On early Monday morning, during a routine luggage-checking operation by the Railway Protection Force (RPF) and Government Railway Police (GRP), officers found the body of Arshad Ali Sheikh concealed in a suitcase. The suitcase was being carried by the suspects, who had planned to dispose of the body by traveling on the Tutari Express train. Investigation and Suspects The investigation revealed that the murder occurred within the jurisdiction of Pydhunie Police Station. The conflict between the victim and the suspects reportedly stemmed from a dispute over a female friend. Followi...

Plea in Supreme Court Against Newly Amended Criminal Law Bills

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Plea in SC Against Newly Amended Criminal Law Bills A public interest litigation (PIL) has been moved in the Supreme Court against the newly amended criminal law bills: Bharatiya Nyaya Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, and Bharatiya Nagarik Suraksha (Second) Sanhita, 2023. The petitioners, Anjali Patel and Chhaya, represented by advocates Sanjeev Malhotra and Kunwar Siddhartha, seek to challenge the viability and implementation of these laws. Petitioners' Concerns and Demands The petitioners have urged the Supreme Court to issue a notice to immediately constitute an expert committee to assess and identify the viability of the three new amended criminal laws. The plea seeks to overhaul the criminal laws of the country and replace the Indian Penal Code 1860, Code of Criminal Procedure, and Indian Evidence Act, 1872. The petition has also sought to stay the operation and implementation of these new laws. Alleged Defects in the New Bills According to the plea, the propo...

Supreme Court to Examine Plea on Applicability of Sharia Law to Non-Believer Muslims

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Supreme Court to Examine Plea on Applicability of Sharia Law to Non-Believer Muslims The Supreme Court of India has agreed to examine a plea that raises questions about the applicability of Sharia law to non-believer Muslims. The plea seeks a declaration that individuals who do not wish to be governed by Muslim Personal Law should have the option to be governed by the secular laws of the country. Petition Filed by Safiya PM The petition was filed by Safiya PM, a Kerala-based woman who identifies as a non-believer Muslim. She argues that she should be governed by the Indian Succession Act of 1925 concerning inheritance, rather than Sharia law. According to her, under Sharia law, individuals who leave Islam are excluded from their community and lose inheritance rights in their parental property. Challenge to Sharia Law Restrictions Safiya PM's plea highlights that Sharia law restricts a Muslim person from bequeathing more than 1/3rd of their properties by way of a will. This limitati...