LawLoveLegal

Introduction: India’s First 24x7 Digital Court India’s justice system has long struggled with a massive judicial backlog, much of which arises from repetitive and high-volume cases. In November 2024, Kerala’s Kollam district launched the country’s first 24x7 Open and Networked (ON) Court , inaugurated by the current Chief Justice of India, BR Gavai. Designed as a digital-first judicial institution, the ON Court aims to simplify access to justice, speed up case disposal, improve communication between stakeholders, and create a model that can be replicated across India. One year later, the pilot project shows promising outcomes in efficiency, transparency, and user satisfaction. Origins of the ON Court Model Internal Judicial Brainstorming The idea originated within the Supreme Court of India and the Kerala High Court’s internal brainstorming sessions on modernising justice delivery. The goal was not merely digitisation but a complete restructuring of how courts function. The co...

Introduction The Delhi High Court has delivered a significant ruling reinforcing the constitutional right to property and the statutory safeguards built into the Prevention of Money Laundering Act, 2002 (PMLA). The court held that the Enforcement Directorate (ED) cannot freeze or attach property based merely on suspicion; instead, it must show valid and recorded “reasons to believe” supported by material evidence. The judgment provides important clarity on the limits of ED’s powers and the legal standards required for deprivation of property. Statutory Framework Under PMLA Section 17(1): Search and Seizure – Requirement of “Reasons to Believe” Section 17(1) of the PMLA empowers ED officers to enter and search premises and seize records or property. However, this power is conditional. The officer must possess “reasons to believe” that: A person has committed an offence under the Act, or The person is in possession of proceeds of crime. These reasons must be recorded in wr...

Introduction: Judicial Scrutiny Over the Tribunal Reforms Act, 2021 The Supreme Court of India has raised serious concerns over the Tribunal Reforms Act, 2021 , questioning whether the reintroduction of previously struck-down provisions amounts to legislative overreach . The Court emphasized that while Parliament has the authority to enact reforms, such changes must respect prior judicial pronouncements. The case was heard by a Bench comprising Chief Justice of India (CJI) Bhushan R. Gavai and Justice K. Vinod Chandran , who were responding to petitions challenging the constitutional validity of certain provisions in the 2021 Act. Background: The Contested Provisions and Their History The Tribunal Reforms Act, 2021 was enacted barely four months after the Supreme Court had struck down similar provisions in the Tribunal Reforms (Rationalization and Conditions of Service) Ordinance, 2021 . The main points of contention include: Tenure : The Act prescribes a four-year tenure ...

Introduction: The Supreme Court’s Remark Sparks Debate The Supreme Court of India recently made headlines while hearing a petition filed by Hasin Jahan, the estranged wife of Indian cricketer Mohammad Shami, challenging the Calcutta High Court’s order granting her ₹4 lakh as monthly maintenance. The bench of Justices Manoj Misra and Ujjal Bhuyan, while issuing notice to Shami, observed that ₹4 lakh per month appeared to be “quite reasonable.” The remark has stirred public debate on the concept of maintenance under Indian law — how courts determine what is “reasonable,” and how such determinations balance lifestyle disparities between spouses. Background: Calcutta High Court’s Interim Maintenance Order The Calcutta High Court’s July 1 order fixed ₹1.5 lakh as monthly maintenance for Hasin Jahan and ₹2.5 lakh for the couple’s daughter, totaling ₹4 lakh. The division bench of the High Court later upheld this order on August 25, 2024. Before this, the trial court had ordered Shami ...

The Supreme Court of India has referred a significant legal question to a larger bench —how should the income of Indians working abroad be assessed for calculating compensation in road accident cases within India? This development comes amid conflicting judicial precedents on whether to calculate compensation based on the deceased’s full foreign income or to adjust it in line with Indian cost-of-living standards. Background of the Case: The Death of Hari Shankar Brahma The matter arose from an appeal filed by the family of Hari Shankar Brahma , a 27-year-old system analyst employed with Nihaki Systems Inc., New Jersey (USA) , who tragically died in a road accident in India in 2009. At the time of his death, he earned $47,050 per year (around ₹21 lakh) . His parents and siblings sought compensation before the Motor Accident Claims Tribunal (MACT) under the Motor Vehicles Act, 1988 . The Tribunal calculated compensation based on his US income with standard deductions, awarding ₹...

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...

Introduction: The Apex Court Steps In The Supreme Court of India has raised a critical question — can online gaming and betting platforms be completely banned in India? This came after a Public Interest Litigation (PIL) filed by the Centre for Accountability and Systemic Change (CASC) alleged that several betting websites and gambling platforms continue to operate under the garb of “e-sports” or “social gaming.” The bench, comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan , directed the Union Government to assist the court in determining the legality and practicality of a nationwide ban on online gaming. Background of the Case The PIL , filed by advocate Vishal Arun Mishra on behalf of CASC, calls for a complete prohibition of online betting and gambling. It further seeks clarity on the Promotion and Regulation of Online Gaming Act, 2025 , which was enacted to regulate the online gaming ecosystem. The court asked CASC to share its entire case file with V.C....

A Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the legality of continued toll collection from heavy vehicles entering Mumbai through five key entry points. The petition argues that the ongoing toll collection violates constitutional and statutory provisions and imposes an arbitrary financial burden on vehicle owners. Details of the PIL and Parties Involved The PIL, filed by advocate Pravin Wategaonkar , names the Chief Secretary of Maharashtra and the Maharashtra State Road Development Corporation (MSRDC) as respondents. The MSRDC manages major arterial roads in Mumbai and collects toll through contractors. Currently, only heavy vehicles entering Mumbai through five major entry points — Dahisar, LBS Road (Mulund), Eastern Express Highway (Mulund), Airoli Creek Bridge, and Vashi — are required to pay toll tax. Earlier, even light motor vehicles paid tolls ranging from ₹45 to ₹75. However, they were exempted from toll ...

Introduction: Strengthening the Shield of Liberty In a landmark judgment delivered in Vihaan Kumar v. State of Haryana (2025 INSC 162), the Supreme Court of India reaffirmed one of the most vital constitutional guarantees — the right of every person to be informed of the grounds of arrest . Authored by Justice Abhay S. Oka and Justice Nongmeikapam Kotiswar Singh, the judgment reinforces Article 22(1) of the Constitution and clarifies the procedural obligations of law enforcement agencies during arrest. Case Background The petitioner, Vihaan Kumar , challenged his arrest by the Haryana Police, alleging that he was not informed of the reasons for his detention. He argued that such omission violated his fundamental right under Article 22(1) of the Constitution and Section 50 of the Code of Criminal Procedure (CrPC) , which together safeguard a person’s liberty during the process of arrest. The respondent State maintained that the arrest was legally conducted and that the petitio...

Comprehensive Analysis: POCSO Act, Its Genesis, and Constitutional Provisions What is the POCSO Act? The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is a landmark legislation enacted by the Indian Parliament to address sexual exploitation and abuse of children. This Act aims to provide a robust legal framework to safeguard children against offenses like sexual assault, sexual harassment, and pornography, ensuring speedy trial and stringent punishment for offenders. Why Was the POCSO Act Introduced? Rising Cases of Child Sexual Abuse : Child sexual abuse was a growing concern in India, with statistics revealing alarming numbers of unreported and unpunished cases. There was no specific law targeting these crimes comprehensively before 2012. Inadequate Existing Legal Framework : Existing laws under the Indian Penal Code (IPC) were not sufficient to address the unique nature of child sexual abuse cases. Many offenses, including non-penetrative acts and h...

Tragic Incident in Pune: Youth Kills Woman Over  Rejected Marriage Proposal In a shocking incident, a 22-year-old sales executive, Aviraj Kharat, was arrested for the murder of a 21-year-old woman in Khed Taluka, Pune district, after she rejected his marriage proposal. The crime, which occurred on July 28, highlights a disturbing trend of violent responses to rejection. The Incident The victim, employed at a private company in Pimpri Chinchwad, was attacked near her rented accommodation in Ambethan village, Pune. Kharat, her former classmate from an engineering diploma course, forcibly confronted her, snatched her phone, and led her outside under the pretense of a conversation. Moments later, he brutally attacked her, slitting her throat and stabbing her multiple times. The victim was rushed to a nearby hospital but succumbed to her injuries. Kharat was apprehended by the Pimpri Chinchwad Crime Branch team within 12 hours of the incident. Rejection and Its Consequences: A Growing C...