LawLoveLegal

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 ₹...

The recent hostage crisis in Mumbai’s Powai area involving Rohit Arya , a 50-year-old project director, has reignited debates surrounding mental distress, administrative accountability, and the limits of police force under Indian law . While the tragedy ended with the safe rescue of 17 children and Arya’s subsequent death in police firing , several legal and ethical questions emerge regarding state responsibility, unpaid contractual dues, and the use of lethal force in hostage situations . The Incident: From Protest to Tragedy According to reports, Rohit Arya had previously worked as the Project Director for Project Let’s Change – PLC Swachhata Monitor , an initiative under the Majhi Shala, Sundar Shala campaign of the Maharashtra government’s primary education department . Arya allegedly held grievances over unpaid dues worth ₹2 crore , claiming that his project work had been completed but never compensated. During negotiations, Arya released a video statement , asserting: ...

Background of the Case The Union government has informed the Supreme Court of India that it cannot investigate corruption and nepotism allegations against Arunachal Pradesh Chief Minister Pema Khandu , as the matter pertains to state jurisdiction. The Centre clarified that issues concerning the Code of Conduct for Ministers and public procurement rules fall within the state government’s domain , not the Centre’s. The statement came in response to a Public Interest Litigation (PIL) filed by two non-profit organisations — Save Mon Region Foundation and Voluntary Arunachal Sena — seeking a probe into alleged irregularities in the award of public contracts to firms linked to Khandu’s family members. The Petition and Allegations The petitioners accused Chief Minister Pema Khandu , his father’s second wife Rinchin Drema , and his nephew Tsering Tashi of benefitting from public contracts awarded by the Arunachal government. They alleged that such actions violated: The Code of ...

Introduction The Supreme Court of India has taken suo motu cognizance of the alarming rise in “digital arrest” scams , a new-age cybercrime where fraudsters impersonate law enforcement or judicial authorities to extort money from unsuspecting victims. Recognizing the seriousness of the issue, the apex court has sought detailed information from all states and union territories (UTs) within one week on pending investigations related to such cases. A bench comprising Justices Surya Kant and Joymalya Bagchi has also indicated the possibility of assigning the Central Bureau of Investigation (CBI) to undertake a nationwide probe, given the cross-border nature and complexity of these crimes. Understanding the ‘Digital Arrest’ Phenomenon The term “digital arrest” refers to a sophisticated cybercrime method where perpetrators impersonate police officers, CBI officials, or judges , often using forged court orders , fake video calls , and fabricated legal documents to deceive victims. ...

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 abetment of suicide case registered by the Rohtak police following the death of Assistant Sub-Inspector (ASI) Sandeep Lathar has raised serious questions regarding the legal sustainability of the FIR, particularly against deceased Haryana IPS officer Y. Puran Kumar’s wife Amneet P. Kumar , an IAS officer, and her brother, Amit Rattan , an AAP MLA. The FIR also names two police personnel, Sushil Kumar and Sunil Kumar. Legal experts argue that the allegations, as recorded, may not satisfy the essential legal requirements for establishing abetment of suicide. Background of the Case The FIR was registered on October 15 based on a complaint by ASI Lathar’s wife, who alleged that administrative and political pressure exerted by Amneet P. Kumar and her brother contributed to her husband’s suicide on October 14 . These developments unfolded shortly after IPS officer Y. Puran Kumar himself died by suicide on October 7 , leading to intense scrutiny of internal departmenta...

Supreme Court’s Landmark Decision The Supreme Court of India upheld the Gujarat High Court’s decision permitting the partial demolition of the 400-year-old Mancha Masjid in Ahmedabad to facilitate a road-widening project . The Court emphasized that the move was driven by public interest and not a violation of religious freedom under the Constitution. A bench of Justices Surya Kant and Joymalya Bagchi clarified that the main mosque structure will remain intact , with only a portion of the vacant land and platform being affected. The Court further noted that the development plan included similar demolitions of a temple , a commercial building , and a residential house , indicating that the action was not discriminatory or targeted . Religious Rights vs. Property Rights The Supreme Court categorically stated that Article 25 of the Constitution — which guarantees the right to freely profess, practice, and propagate religion — does not apply in this case. Instead, the dispute...

In a significant development that clarifies an important aspect of criminal procedure, the Supreme Court of India has ruled that a court can order voice sample collection not only from the accused but also from witnesses , if such evidence is necessary for a criminal investigation. The ruling further strengthens the scope of forensic evidence admissibility while ensuring that such orders do not violate the constitutional protection against self-incrimination. Voice Samples Do Not Amount to Self-Incrimination A bench comprising Chief Justice of India Bhushan R. Gavai and Justice K. Vinod Chandran observed that the act of furnishing a voice sample does not violate Article 20(3) of the Constitution, which protects an accused person from being compelled to be a witness against themselves. The bench clarified that providing a voice sample falls in the same category as submitting fingerprints, handwriting, or signature specimens , none of which amount to testimonial compulsion. Quoti...

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...

In a significant development ahead of the Diwali festival, the Supreme Court of India indicated that it may temporarily lift the absolute ban on firecrackers in Delhi-NCR for five days. The move marks a potential shift in the Court’s stance on the issue, which has been at the center of debates over environmental protection, public health, and cultural practices. A bench of Chief Justice of India BR Gavai and Justice K. Vinod Chandran reserved its order on Friday, stating that it will decide soon on relaxing the restrictions that have been in place for several years due to concerns over air pollution. Background: The Ban and Its Implications The ban on the use and sale of firecrackers in Delhi-NCR has been a recurring measure during Diwali, primarily due to the severe air quality deterioration that occurs around this period. The situation is often exacerbated by stubble burning in neighboring states such as Punjab and Haryana, as well as stagnant weather conditions that trap ...

 In a significant ruling, the Supreme Court of India has held that artificial lakes or man-made waterbodies do not enjoy statutory protection under the Wetlands (Conservation and Management) Rules, 2017 , but emphasized that governments must safeguard them under the Doctrine of Public Trust to promote ecological balance and sustainable development. The Futala Lake Case: Background The verdict came in connection with Futala Lake (Telangkhedi Tank) in Nagpur , a historical waterbody built in 1799 by the ruler of Nagpur to serve irrigation needs. The lake spans a catchment area of approximately 200 hectares and has long been a prominent urban landmark. A non-profit organization, Swacch Association Nagpur , had approached the Supreme Court challenging construction activities around the lake—such as the creation of a plaza, floating restaurant, musical fountain, and viewers’ gallery —arguing that these developments violated the Wetlands Rules, 2017 . The Bombay High Court’s N...

Background of the Dispute The case arose out of a Memorandum of Understanding (MoU) dated 09.04.2014 between HLV Limited (formerly Hotel Leelaventure Pvt. Ltd.) and PBSAMP Projects Pvt. Ltd. . The agreement related to the sale of land at Banjara Hills, Hyderabad, where PBSAMP paid ₹15.5 crore as advance . When disputes emerged, the MoU was terminated, and arbitration proceedings began.

Introduction In a landmark decision, the Supreme Court of India has restored JSW Steel’s ₹19,700 crore resolution plan for Bhushan Power & Steel Ltd (BPSL). The ruling reverses the Court’s own May 2025 verdict that had ordered liquidation of the debt-ridden company, thereby reaffirming the sanctity of India’s Insolvency and Bankruptcy Code (IBC). This judgment brings clarity to one of the most contentious insolvency cases in recent years and ensures stability for lenders, resolution applicants, and the insolvency ecosystem at large. Background: The BPSL Insolvency Bhushan Power & Steel Ltd (BPSL), part of the group of 12 large corporate defaulters identified by the Reserve Bank of India in 2017, defaulted on loans exceeding ₹47,000 crore. Following a competitive bidding process, JSW Steel emerged as the top bidder in 2018, offering ₹19,700 crore. The plan received approval from 97% of lenders, was cleared by the National Company Law Tribunal (NCLT) in 2019, and upheld by ...

ECI Defends Its Constitutional Authority The Election Commission of India (ECI) has categorically told the Supreme Court that courts cannot mandate fixed timelines for special intensive revisions (SIR) of electoral rolls. In an affidavit filed on Friday, the ECI asserted that such decisions lie solely within its constitutional and statutory authority , as provided under Article 324 of the Constitution , the Representation of the People Act, 1950 , and the Registration of Electors Rules, 1960 . The Commission emphasized that it enjoys complete discretion over the preparation and revision of rolls and warned that any judicial interference in fixing mandatory timelines would amount to encroachment upon its plenary powers . PIL Seeks Nationwide Special Electoral Roll Revisions The affidavit was filed in response to a public interest litigation (PIL) by advocate Ashwini Kumar Upadhyay . His petition demanded mandatory nationwide special intensive revisions , especially before parl...