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Case Background — Alleged Murder and Accused Family Member The case concerns the alleged murder of Nikki Bhati , in which the victim’s brother-in-law was named as one of the accused persons. The prosecution narrative links the accused to the circumstances surrounding the alleged homicide, placing him within the circle of suspected involvement in the crime. The proceedings before the Allahabad High Court deal specifically with the question of whether the accused brother-in-law should be granted bail during trial . Earlier Bail Rejection — Court Found “No Sufficient Ground” On December 5 , the Allahabad High Court rejected the first bail application of the accused brother-in-law. In its earlier order, the Court observed that there were not sufficient grounds at that stage to justify release on bail. The rejection was based on: seriousness of allegations gravity of offence nature of material on record at the time of hearing The Court had accepted the prosecution’s submission that granti...

Background of the Case The Supreme Court of India has delivered a strong message against unauthorised constructions, holding that courts must not legitimise illegal structures merely because municipal regulations allow compounding on payment of fees. The observations were made while dismissing a petition challenging the demolition of unauthorised constructions in Secunderabad, Telangana. The appeal arose from a judgment of the Telangana High Court which had ordered the removal of illegal constructions raised without permission from the Secunderabad Cantonment Board. A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi emphasised that post-facto regularisation of illegal constructions defeats the rule of law and encourages rampant encroachment on public and private land. Supreme Court’s Observations: Rule of Law Cannot Be Compromised The apex court categorically held that demolition is the correct legal course where unauthorised constructions are raised, a...

Introduction In a significant ruling on matrimonial jurisprudence, the Supreme Court of India has held that a long period of separation between a husband and wife, with no possibility of reconciliation, amounts to cruelty to both parties . The Court observed that prolonged matrimonial litigation results in the perpetuation of a marriage only on paper, serving neither the interests of the parties nor that of society. Invoking its plenary powers under Article 142 of the Constitution , the Supreme Court dissolved the marriage on the ground of irretrievable breakdown , reiterating that mental cruelty can arise from sustained separation and rigid refusal to accommodate each other. Bench and Background of the Case Composition of the Bench The judgment was delivered by a Division Bench comprising Justice Manmohan and Justice Joymalya Bagchi , with Justice Manmohan authoring the opinion for the Court. Marriage and Separation Timeline The parties were married on August 4, 2000 Matrimonial disp...

The Supreme Court’s latest observations during the petitions challenging the Special Intensive Revision (SIR) of electoral rolls in Bihar raise important constitutional and statutory questions. The core issue is whether the Election Commission of India (ECI) can inquire into "doubtful citizenship" while revising electoral rolls, without assuming the authority to declare someone a citizen or non-citizen. Issue 1: Court Clarifies ECI Is Not Claiming Power to Determine Citizenship The Supreme Court clarified that the ECI has not claimed any constitutional authority to decide citizenship. The bench noted: ECI’s question is not about declaring someone a citizen or non-citizen, but about whether it can conduct inquisitorial inquiries into doubtful entries during voter roll revision. The bench of CJI Surya Kant and Justice Joymalya Bagchi asked: If an electoral roll has doubtful inclusions, would it not fall within ECI’s constitutional mandate to investigate? This sets th...

The Supreme Court of India has once again reaffirmed a core constitutional promise: governance must empower, not burden, citizens. In a landmark judgment led by Justice P.S. Narasimha and Justice Atul S. Chandurkar , the Court struck down an additional bureaucratic requirement imposed by the Jharkhand government, calling it illegal, superfluous, and contrary to principles of good governance. This article examines the statutory background, constitutional foundations, judicial reasoning, and broader relevance of this decision. 1. Constitutional Value of Simplicity and Good Governance The Supreme Court emphasised that simplicity in public transactions is a constitutional value . Procedural efficiency forms part of good governance , which flows from: Relevant Constitutional Provisions Article 14 – Mandates non-arbitrariness in State action; unnecessary procedural barriers violate the equality principle. Article 21 – Expands to include administrative fairness and efficiency; e...

The Supreme Court has delivered a significant judgment in a long-running dispute originating from advertisements displayed during the 1996 Wills World Cup. By affirming the 2025 Calcutta High Court order, the Court has clarified the meaning of “public place” under municipal taxation law and set important procedural standards for local authorities. Background of the Dispute The controversy dates back to advertisements displayed inside Eden Gardens Stadium during two major World Cup events: Inaugural ceremony on 11 February 1996 Semi-final match on 13 March 1996 On 27 March 1996, the Kolkata Municipal Corporation (KMC) issued a tax demand of ₹51,18,450 to the Cricket Association of Bengal (CAB) under Section 204 of the Kolkata Municipal Corporation Act, 1980, alleging that advertisements displayed inside the stadium attracted advertisement tax. CAB challenged the tax demand before the Calcutta High Court, ultimately resulting in a litigation battle that lasted nearly three d...

Introduction Surendra Koli, one of the two men accused in the infamous 2006 Nithari killings, walked out of Luksar Jail on Wednesday evening after 18 years in custody. His release came a day after the Supreme Court acquitted him in the last pending case against him, closing a legal saga that had shocked the nation with allegations of child murders, sexual assault, and even cannibalism. The acquittal marks a crucial moment for India’s criminal justice system, raising questions about flawed investigations, procedural lapses, and wrongful incarceration. Koli’s Release from Luksar Jail Koli, now 49, stepped out of Luksar Jail at 7:16 pm, dressed in a powder-blue shirt, black pants, and a navy jacket. Jail officials, including Superintendent Brijesh Kumar, described him as calm and emotionless upon receiving the release order. No family members were present; only three lawyers accompanied him. During his imprisonment at Luksar Jail, Koli maintained a quiet routine. He woke up at 5:30 a...

The Supreme Court of India, in a recent landmark judgment, has reaffirmed the interpretation of Section 108 of the Indian Evidence Act, 1872 , holding that a person who goes missing cannot be presumed dead on the date of disappearance. The presumption of death, according to law, arises only after the expiry of seven years , unless concrete evidence proves an earlier date of death. Facts of the Case The case originated from an appeal filed by the Nagpur Municipal Corporation against a Bombay High Court ruling that directed it to grant compassionate employment to the son of an employee, Gulab Mahagu Bawankule , who had gone missing on September 1, 2012 . The High Court had erroneously treated the date of disappearance as the date of death, thereby ordering compassionate appointment to the missing employee’s son. However, the Supreme Court, comprising Justices Pankaj Mithal and PB Varale , found this reasoning legally flawed. The Court clarified that, in the absence of proof regard...

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...

When Non-Resident Indians (NRIs) sell property in India, they are liable to pay capital gains tax under Indian law. However, taxation doesn’t end there — the gains may also be subject to tax in their country of residence such as the United States, the United Kingdom, or Singapore . This makes it essential to understand how Indian tax law, international tax treaties (DTAAs), and constitutional safeguards work together. 1. Statutory Framework Governing Property Sale and Capital Gains a. Income Tax Act, 1961 The taxation of property sale by NRIs in India is primarily governed by the Income Tax Act, 1961 . Section 45 : Imposes tax on capital gains arising from the transfer of a capital asset. Section 48 : Provides for indexation of the cost of acquisition to adjust for inflation. Section 195 : Mandates Tax Deducted at Source (TDS) on payments made to NRIs for property transactions. Section 90 : Grants relief from double taxation through the Double Taxation Avoidance ...

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 ₹...

Introduction The Delhi High Court has permitted JTNL Consumer Health , a subsidiary of Johnson & Johnson , to continue marketing its electrolyte drink under the registered trademark “ORSL” , despite the Food Safety and Standards Authority of India (FSSAI) issuing a ban on the use of the term ‘ORS’ in beverage branding. The High Court order places the FSSAI directive in temporary suspension only with respect to JTNL , until the authority decides on the company’s representation. This interim protection addresses concerns surrounding regulatory compliance, consumer protection, and market impact. Background: FSSAI’s Prohibition on Use of “ORS” On October 14 and 15, 2025 , the FSSAI issued orders directing Food Business Operators (FBOs) to refrain from using the term ORS : In product names On packaging labels In advertisements As part of trademarks The regulator reasoned that electrolyte drinks marketed as “ORS” or similarly named alternatives misled consumers i...