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The Karnataka High Court has delivered a significant ruling with far-reaching implications on the interpretation of cruelty under Section 498A of the Indian Penal Code. In a judgment dated 18 November, Justice Suraj Govindaraj held that even individuals in live-in relationships , void marriages , or voidable marriages may be prosecuted for cruelty—so long as the essential ingredients of the offence are established. This decision strengthens legal protection for women in marital-like arrangements and prevents men from exploiting technicalities of marital validity to escape liability. Background of the Case A man approached the High Court seeking quashing of proceedings initiated under Section 498A by a woman he claimed was not his legally wedded wife. According to the complaint: The petitioner already had a valid subsisting marriage. He married the complainant in 2010 without disclosing his earlier marriage. The relationship continued until 2016, during which the woman al...

Supreme Court judge Justice B.V. Nagarathna delivered a significant address at the international convention titled “The Independence of Judiciary: Comparative Perspective on Rights, Institutions and Citizens” held at O.P. Jindal Global University, Sonipat. Her remarks highlighted the core elements that safeguard the rule of law in a constitutional democracy—judicial independence and supremacy of the law. Judicial Independence and Supremacy of Law: The Twin Guarantees of Rule of Law Justice Nagarathna emphasised that judicial independence and the supremacy of law function together to ensure that the rule of law remains insulated from political pressures. According to her, insulating judges from extraneous and political influences is essential to preserve the integrity of judicial decision-making. She reiterated that these two principles form the foundation of a democratic legal system and must never be taken for granted. Faith in the Constitution and Faith in the Courts Justice ...

Background of the Case The Supreme Court of India has agreed to examine the need for nationwide guidelines to prevent women and girls from being subjected to invasive “period checks” during menstruation. This direction follows disturbing incidents where employees and students were asked to prove their menstrual status, violating dignity and bodily autonomy. The matter reached the Supreme Court through a petition filed by the Supreme Court Bar Association (SCBA), which highlighted multiple instances of degrading practices across institutions. Triggering Incident: Haryana University Controversy In October 2024, three female sanitation workers at Maharshi Dayanand University (MDU), Rohtak, complained of menstrual sickness. Instead of being granted relief, the supervisors demanded that the women provide photographs of their sanitary pads as proof. The workers were allegedly verbally abused and coerced into taking photographs in a washroom, causing severe humiliation. Following publ...

The Supreme Court has delivered a significant judgment affirming that the Insolvency and Bankruptcy Code (IBC), 2016 cannot be misused as a shield by defaulting developers to obstruct redevelopment projects. The ruling underscores that insolvency protection cannot supersede the constitutional right of residents to live in safe and habitable conditions. Background of the Dispute: Redevelopment of Kher Nagar Sukhsadan Society The case arose from the redevelopment of the Kher Nagar Sukhsadan Co-operative Housing Society in Bandra (East), Mumbai. The society had entered into a redevelopment agreement with AA Estates Private Limited in 2005, followed by a supplementary agreement in 2014. Despite more than a decade passing, no substantial redevelopment work had commenced. In 2017, the Municipal Corporation of Greater Mumbai (MCGM) issued notices declaring the structure unsafe for habitation, forcing residents to continue living in hazardous conditions. After continued delay, the society...

The Delhi High Court has delivered a significant ruling in a 2017 unnatural-death case involving a 23-year-old hotel manager, Arnav Duggal. The court sharply criticised the Delhi Police for a “lackadaisical” and “myopic” investigation and transferred the matter to the Central Bureau of Investigation (CBI). This article explains the facts, court’s findings, statutory basis, constitutional principles, and judicial precedents relevant to this case. Background of the Case Death of Arnav Duggal in 2017 Arnav Duggal, aged 23, employed as a manager at a luxury hotel, was found dead in a flat in 2017. The only person present at the time of his death was a woman with whom he was allegedly in a relationship. The Delhi Police, from the very beginning, treated the death as suicide. Petition Filed by the Mother Allegation of Faulty Investigation Arnav’s mother approached the Delhi High Court seeking transfer of the investigation from Delhi Police to the CBI. She argued: The police pre...

Introduction: ECI Not at Fault if SIR Aim Same Across Bihar Seats The Supreme Court has clarified that the Election Commission of India (ECI) cannot be blamed for conducting a Special Intensive Revision (SIR) across the entire state of Bihar if the reasons for initiating the exercise are uniform across all constituencies . This observation came while hearing multiple petitions questioning the legality and constitutionality of the SIR process being implemented in Bihar. Understanding the SIR Exercise: Not a Routine Revision The bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi noted that this is not a routine annual updation of electoral rolls , but a special revision permitted under the Representation of the People Act, 1950 (ROPA). The Court stated that any process conducted by the ECI that is fair and transparent cannot be interfered with unless it is shown that the ECI lacks the legal authority to do so. Petitioners' Key Argument: SIR as an Unconst...

The Supreme Court of India has raised serious institutional concerns over what it described as a “growing trend” of reopening and overturning its own judgments before differently constituted benches. The remarks came during the hearing of a plea in a 2019 West Bengal murder case, and the Court warned that repeated reversals threaten judicial discipline, legal certainty, and the constitutional principle of finality in decision-making. Case Background: Plea by Anisur Rahman The observations were made while hearing a plea filed by Anisur Rahman, an accused in a 2019 murder case in West Bengal. Rahman sought modification of a bail condition that prohibited him from leaving Kolkata. A bench of Justices Dipankar Datta and A.G. Masih refused to modify the earlier bail order passed in January, noting that the new application was filed shortly after the judge heading the earlier bench had demitted office. The Court viewed this timing as an attempt to obtain a favorable outcome due to the c...

The recent delay in income tax refunds for FY 2024–25 has caused uncertainty among taxpayers across India. While many expected quicker processing after filing their Income Tax Returns (ITRs) by the extended deadline of September 16, several refunds are still pending. On Monday, the Central Board of Direct Taxes (CBDT) Chairman, Ravi Agrawal , provided clarity on the reasons behind these delays and the steps being taken by the department. Current Status of ITR Refunds: What the CBDT Chairman Said According to the CBDT Chairman, low-value refunds have already begun to be released , and the remaining refunds are expected to be processed by end of November or December 2024 . He clarified that the delay is largely due to the tax department identifying cases where wrongful deductions were claimed , necessitating verification before the refunds could be released. Wrongful Deduction Claims: Core Reason Behind Delays The department has detected many returns where taxpayers claimed: H...

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...

The Supreme Court of India has once again turned its attention to the contentious issue of reservation in Maharashtra’s local bodies. During a hearing on a contempt petition, the Court directed the State to provide a complete list of all local bodies where the total reservation—covering Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC)—exceeds the 50% constitutional ceiling. This order comes amid preparations for upcoming elections and ongoing disputes about the implementation of the Court’s earlier directions, particularly the 2021 “triple test” requirement. Background: Contempt Petition and the 2021 Triple Test Judgment The current proceedings arise from a contempt petition alleging that Maharashtra failed to comply with the Supreme Court’s 2021 ruling. That judgment mandated that any OBC reservation in local bodies must satisfy a three-step test , now widely known as the "triple test": Establish a dedicated commission to conduct a conte...

The Ministry of Information and Broadcasting (MIB) has submitted a detailed proposal to amend the Information Technology (IT) Rules, 2021, with the objective of regulating what it terms “obscene digital content.” The proposal, presented before the Supreme Court, seeks to redefine regulatory boundaries for digital platforms, social media users, and online news publishers. It also aims to introduce a restructured Digital Media Code of Ethics. This article examines the proposal in detail, explores the statutory and constitutional framework governing online regulation, and analyses key judicial precedents relevant to obscenity and free speech in India. Government’s Proposal to Amend IT Rules, 2021 The Centre’s draft suggests a significant expansion of the regulatory architecture under the IT Act, 2000. It proposes: A revised Code of Ethics categorizing and defining “obscene digital content.” A separate ethics framework for digital content, OTT platforms, user-generated content, a...