Under What Circumstances Cancellation of An Examination Is Justified? Answers Gauhati High Court

A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that cancellation of an examination is only justified when the sanctity of the process is compromised at a systemic level and it is impossible to separate tainted candidates from untainted ones; otherwise, segregation of suspicious candidates is required. Background...

Passport Impounding In Criminal And Matrimonial Cases: Legal Guide

It is often seen that in money laundering cases and matrimonial disputes particularly wherein one party residing or working in foreign country the investigating authorities seize their passport on account of pending criminal proceedings and retain it. In this article on the premises of settled law I am discussing the legality of such retention and appropriate remedies against such action...

Constructive Res Judicata Bars Grounds Omitted Due To Negligence : Supreme Court Summarises Principles

Constructive Res Judicata Applies Even To Grounds Omitted Due To Negligence, Inadvertence: Supreme CourtThe Supreme Court has summarised the governing principles of the doctrine of constructive res judicata, reiterating that parties are required to raise all grounds that "might and ought" to have been raised in earlier proceedings and cannot avoid the doctrine by attributing omissions...

Meenakshi Natarajan Case : Was Rejection Of Nomination Valid? Law On Disclosure Of Criminal Antecedents Explained

Was Meenakshi Natarajan legally obliged to disclose the pending case in Hyderabad? Did the Returning Officer exceed jurisdiction by rejecting the nomination?

Are TMC Rebel MPs Liable To Be Disqualified Under Anti-Defection Law?

Can the rebel MPs be deemed to have "given up party membership" by announcing their intention to form a separate faction?

Supreme Court Lays Down Principles On Promissory Estoppel, Says It Can't Be Invoked For Benefits Never Intended

The Supreme Court on Monday (May 25) observed that the doctrine of promissory estoppel cannot be invoked to claim benefit under a government policy which was never aimed to benefit a specific class of industrial unit. A bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan set aside the Himachal Pradesh High Court's judgment directing the State to extend concessional electricity...

Res Judicata Principle Applies Also Between Two Stages Of Same Litigation : Supreme Court Explains 'Interlocutory Res Judicata'

The Court said that a fresh application seeking a rejection of a plaint, having the same substantive issue, is not maintainable despite being filed by a different applicant.

Bhojshala Dispute: 10 Principles From Ayodhya Judgment Applied By MP High Court

The Madhya Pradesh High Court, while deciding the dispute regarding religious character of the Bhojshala site, considered the principles laid down by the Supreme Court in the Ayodhya Judgment (M Siddiq (D) Thr. Lrs. vs. Mahant Suresh Das & Ors.).The Court has declared that the disputed historical site at Bhojshala is a Temple dedicated to Goddess Saraswati. It thus quashed an order passed...

Survival Of 'Right To Sue' On Legal Representatives Of Deceased Litigant : Supreme Court Explains Principles

In a recent judgment, the Supreme Court has summarised the principles regarding the continuation of the right to sue to the legal representatives, following the death of a party.The Court clarified that traditional maxim actio personalis moritur cum persona (a personal action dies with the person) is not absolute in India and has been modified by statutes such as the Fatal Accidents Act,...

Know About Lookout Circular

The Supreme Court on April 21 called on the Central Bureau of Investigation to come up with a Standard Operating Procedure regarding issuance of Look-Out Circulars against accused persons. A bench comprising Justices Vikram Nath and Sandeep Mehta questioned the CBI over the stopping of an accused - the petitioner - at the airport, due to a Look- Out Circular opened against him, despite...

Insolvency And Bankruptcy Code (Amendment) Act, 2026 – Comprehensive Analysis

Executive Summary: The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (enacted April 2026) implements a series of extensive reforms to India's corporate insolvency regime. Building on the IBC 2016 framework and prior amendments, the new Act introduces creditor-driven mechanisms (notably a Creditor-Initiated Insolvency Resolution Process, CIIRP), strengthens creditor and Committee...

Understanding The Procedure Of Mediation Under Mediation Act, 2023

In India, access to timely justice has become a mere theoretical fantasy due to the massive backlog of cases and procedural complexities within the judicial system. The growing burden on the Indian courts has resulted in the shift to alternative dispute resolution mechanisms like arbitration, conciliation, negotiation and mediation. Both arbitration and conciliation have long been...