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Supreme court

Supreme court

Doctrine of Lis Pendens

Recently, the Delhi High Court has ruled that courts have the authority to exempt a property from the Doctrine of Lis Pendens in certain cases. This exemption is aimed at shielding genuine owners from vexatious lawsuits that could otherwise affect their property rights during the pendency of litigation. The court’s ruling highlights a significant aspect of property law, where it aims to balance legal protection with justice for bona fide owners. About the Doctrine of Lis Pendens The Doctrine of Lis Pendens is a legal principle that governs the transfer of immovable property during ongoing litigation. It is defined in…

10 November, 2025 Supreme court

Public Trust Doctrine

The Public Trust Doctrine has recently been reaffirmed by the Supreme Court of India, which expanded its scope to include man-made or artificial waterbodies that serve ecological or environmental purposes. This extension reflects a growing recognition of the need to protect resources critical to the public good, whether natural or human-made. What is the Public Trust Doctrine? The Public Trust Doctrine is a legal principle asserting that certain natural and cultural resources must be preserved for the public’s use and enjoyment. This doctrine recognizes the importance of resources that are critical for ecological health and human survival and places them…

04 November, 2025 Supreme court

Defamation in India

Recently, a Supreme Court judge raised concerns about the increasing misuse of defamation laws by political figures and private individuals to settle personal and political disputes. The judge suggested the need to decriminalise defamation in order to prevent its misuse and safeguard freedom of speech. What is Defamation? Defamation is the act of making false statements about someone that damage their reputation. These statements can be made through spoken words (slander) or written/published content (libel). The harm can extend not just to individuals, but also to companies, associations, and even deceased persons (where the impact is measured on the family…

26 October, 2025 Supreme court

Doctrine of Escheat

  The Supreme Court of India recently ruled that a State Government cannot invoke the doctrine of escheat under Section 29 of the Hindu Succession Act once a Hindu male has executed a Will that has been declared valid and has been granted probate by a court. This ruling clarifies the legal implications of escheat in the presence of a valid will. About the Doctrine of Escheat The doctrine of escheat is a significant legal principle ensuring that no property remains without ownership. If the original owner dies without legal heirs or fails to create a Will, the property reverts…

24 October, 2025 Supreme court

Doctrine of Contributory Negligence

The Andhra Pradesh High Court recently made an important ruling regarding the doctrine of contributory negligence in criminal law. The court clarified that contributory negligence does not apply to criminal actions. In this case, a driver involved in an accident caused by rash and negligent driving, which led to the death of a person, was held liable under Section 304A of the IPC (causing death by negligence), even if there was some degree of negligence on the part of the victim. This judgment has significant implications for how criminal liability is determined in road accidents and raises important questions about…

15 October, 2025 Supreme court

Supreme Court’s Ruling on Women in the Indian Army

In a landmark ruling, the Supreme Court of India struck down the Indian Army’s policy that limited the appointment of women officers to only the Judge Advocate General (JAG) branch and excluded women from serving in counter-insurgency or counter-terrorism operations. This decision is a critical step toward ensuring gender equality in the Indian Army and reflects the broader societal shift towards inclusivity and diversity in traditionally male-dominated fields. Key Directives from the Supreme Court’s Ruling Common Merit List for JAG Recruitment: The Supreme Court ruled that the Army and Union Government could no longer limit the number of women officers…

04 September, 2025 Supreme court

Fast Track Special Courts Scheme

The Fast Track Special Courts (FTSCs) Scheme, which was introduced by the Ministry of Law & Justice under the Nirbhaya Fund, is an initiative aimed at expediting the trial of rape and child sexual abuse cases, particularly under the Protection of Children from Sexual Offences (POCSO) Act, 2012. Key Features of the Fast Track Special Courts Scheme Centrally Sponsored Scheme: The FTSCs are funded by the Nirbhaya Fund, which was established to enhance women’s safety and support initiatives against gender-based violence. Target for Disposal: Each FTSC is tasked with disposing of at least 165 cases annually. This sets a benchmark…

04 September, 2025 Supreme court

Fast Track Special Courts Scheme

The Fast Track Special Courts (FTSCs) Scheme, which was introduced by the Ministry of Law & Justice under the Nirbhaya Fund, is an initiative aimed at expediting the trial of rape and child sexual abuse cases, particularly under the Protection of Children from Sexual Offences (POCSO) Act, 2012. Key Features of the Fast Track Special Courts Scheme Centrally Sponsored Scheme: The FTSCs are funded by the Nirbhaya Fund, which was established to enhance women’s safety and support initiatives against gender-based violence. Target for Disposal: Each FTSC is tasked with disposing of at least 165 cases annually. This sets a benchmark…

03 September, 2025 Supreme court

Judicial Pendency Crisis in India

India's judiciary is grappling with an overwhelming backlog of over 5 crore cases, which has severely impacted the justice delivery system. This backlog spans across the Supreme Court, High Courts, and District Courts, affecting governance and eroding public trust in the legal system. Key Statistics on Judicial Pendency in India Total Pending Cases: As of mid-2025, more than 5 crore cases are pending in Indian courts. District Courts: Handle the bulk of the cases, with 90% (around 4.6 crore cases). High Courts: Over 63.3 lakh cases. Supreme Court: Approximately 86,700 cases. Disposal Disparities: Criminal vs Civil Cases Criminal cases are…

29 August, 2025 Supreme court

Legal Insanity

The Chhattisgarh High Court recently acquitted a man of double murder charges on the grounds of legal insanity, underscoring the importance of mental state during criminal trials. This case brings attention to the defense of legal insanity in criminal law, which can excuse individuals from criminal responsibility if they are proven to be mentally unfit at the time of committing a crime. What is Legal Insanity? Legal insanity is a legal defense that can be used in criminal cases when a defendant claims they were mentally incapacitated at the time of the crime. Definition: It refers to a severe mental…

13 August, 2025 Supreme court

Bail in serious Crimes

The Supreme Court (SC) recently held that a plain assertion of innocence or a promise to co-operate in the trial by an accused is no ground to grant bail in a case of a serious nature. The SC also said the completion of investigation in a serious offence was not a default ground for bail.

31 December, 2023 Supreme court

Advocate-on-Record system (AOR)

Recently, the Supreme Court (SC) pulled up an Advocate-on-Record (AoR) for filing a frivolous case before the court. AORs are a pool of elite Delhi-based lawyers whose legal practice is mostly before the SC but they can appear before other courts too. Need for AORs – A lawyer with special qualifications, picked by the Supreme Court itself, is equipped to appear for a litigant as the SC is a court of the last opportunity for the litigant. AoR is broadly based on the British practice of barristers and solicitors where barristers wear the black gown and wig to argue cases while solicitors…

07 November, 2023 Supreme court

BCI Allows Foreign Lawyers to Practice in India

In Context of The Bar Council of India (BCI) recently approved the practise of foreign lawyers and law firms in India. While they can advise clients on International Law and work on corporate transactions, it is done with an exception allowing them to appear in court. About BCI Decision Rules for Registration and Regulation of Foreign Attorneys and Foreign Law Firms in India, 2022, were recently announced by the Bar Council of India (BCI), allowing foreign lawyers and law firms to practise in India. However, it prohibited them from testifying in front of courts, tribunals, or other statutory or regulatory…

29 March, 2023 Supreme court

Appointment of Chief Justice of India (CJI)

Appointment of Chief Justice of India (CJI) Justice Dhananjaya Y Chandrachud was recently appointed as India's 50th Chief Justice. He will serve for a period of two years before retiring on November 10, 2024. Regarding Article 124 The procedure for appointing the CJI is not mentioned in the Indian Constitution. The Constitution's Article 124 (1) simply states, "There shall be a Supreme Court of India consisting of a Chief Justice of India." According to Clause (2) of Article 124 of the Constitution, every Supreme Court Judge is appointed by the President. As a result, in the absence of a constitutional…

15 October, 2022 Supreme court

The Collegium System

The Collegium System The Collegium System was introduced in response to executive interference in judicial appointments. However, this system has failed to protect judicial appointments from executive interference. It is due to the reasons like Post-retirement appointments of judges. At present, the collegium comprises of CJI (Chief Justice of India) and 4 senior-most judges of the Supreme Court. Despite various criticisms and attempts to reform the appointments and transfers process, the collegium system still persists. Current Scenario The appointments of the judges are formally made by the President of India on the recommendation of the collegium. These proposals are processed…

09 September, 2021 Supreme court

SC's Verdict: People are Free to Choose Religion

SC's  Verdict: People are Free to Choose Religion The Supreme Court refused to entertain a PIL seeking directions to the Centre to ban black magic, superstition, and deceitful religious conversion. What was the case filed? A petition was filed in the Supreme Court seeking to control black magic, superstition & mass religious conversion of SC/STs. The petition also mentions the religious conversions through intimidation, threats & gifts. The plea argued that such forceful religious conversions by use of black magic are common throughout the country. These incidents are against Articles 14 (right to equality), 21(right to life), and 25 (right…

13 April, 2021 Supreme court

NV Ramanna to be the next Chief Justice of India

NV Ramanna to be the next Chief Justice of India The current Chief Justice of India(CJI) has recommended Justice N.V. Ramana, the senior-most judge of the Supreme Court as the next CJI. About Chief Justice of India(CJI): The Chief Justice of India is the chief judge of the Supreme Court of India. He/she is also the highest-ranking officer of the Indian judiciary. Constitution on appointment of CJI: The Constitution of India does not have any specific provision for criteria and procedures for appointing the CJI. Article 124(1) and the 2008 amendment of the Indian Constitution states that there shall be a…

25 March, 2021 Supreme court

Supreme Court- Demand for a Southern bench by Bar Council

Supreme Court- Demand for a Southern bench by Bar Council Introduction West Bengal Chief Minister Mamata Banerjee asked why India should have only one capital and suggested that there be four. She suggested that Parliament sessions should be held in each of the four capitals in a rotating manner. A plan the nation cannot afford Four capitals would obviously mean having Parliament buildings in three other regions, too. If there are four capitals, accommodation for all the MPs and the adjunct staff will have to be constructed. During Parliament sessions, MPs will descend in droves to the envisaged capitals and…

17 February, 2021 Supreme court

Judicial reforms of India: Bail reforms

Judicial reforms of India: Bail reforms Discussions on bail reform usually arise when exceptional cases capture public attention. However, bail reform must begin by addressing two key facets of the criminal justice system: judicial discretion and monetary surety bonds. Judicial discretion The power to grant bail is a discretionary power vested in judges and it is meant to be exercised liberally.  The Supreme Court has consistently reiterated that “bail is the rule, jail is an exception”. The primary purpose of bail is to ensure the accused person’s compliance with the investigation, and subsequent presentation at the trial if they are…

29 December, 2020 Supreme court

Andhra Pradesh: Executive vs Judiciary

Andhra Pradesh: Executive vs Judiciary What is the issue? Andhra Pradesh CM wrote to the Chief Justice of India alleging that some High Court judges are hostile to his government and are deliberately striking down his regime’s decisions and orders. In effect, he has accused many judges of misconduct, corruption and political bias. Such an open conflict between the judiciary and a Chief Minister is without precedent. In view of the above, the CM urged the CJI to consider initiating steps to ensure that the State’s judicial neutrality was maintained. Constitutional Provisions: The Constitution protects the independence of judges of…

22 December, 2020 Supreme court

HC has virtually taken over executive function: A.P Govt to SC

HC has virtually taken over executive function: A.P Govt to SC Andhra Pradesh government recently told the Supreme Court that Andhra Pradesh High Court has “virtually taken over the executive functions of the State”. What’s the issue? State government says that the High Court had “seriously violated the doctrine of Separation of Powers”. Besides, in doing so, the High Court has completely ignored the warning that the Supreme Court has, time and again, sounded advising the courts to respect the other co-equal organs of the State and to refrain from assuming such powers to itself. What has the Supreme Court…

27 November, 2020 Supreme court

Impeachment of a SC judge

Impeachment of an SC judge Recently four Supreme Court judges went public with charges against the Chief Justice of India. According to the constitution, a judge of the SC can be removed from his office by an order of the president. The president can issue the removal order only after an address by parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each house of the parliament (i.e. a majority of the total membership of that house and a majority of not less than 2/3rd of the members…

27 May, 2020 Supreme court

Rights of Minority Institutes not Absolute

Rights of Minority Institutes, not Absolute Part of: GS-II- Indian polity and SC judgement (PT-MAINS-PERSONALITY TEST) Recently, the Supreme Court of India gave its judgement on the admission criteria of minority institutions. It held that National Eligibility-cum-Entrance Test (NEET) is mandatory for admission to all medical colleges and the right of minority institutions is not absolute and is amenable to regulation. Background: Few colleges challenged the notifications issued by the Medical Council of India (MCI) and the Dental Council of India (DCI) under Sections 10D of the Indian Medical Council Act of 1956 and the Dentists Act of 1948 for uniform entrance examinations. The management of such minority-run medical institutions held that uniformly bringing them…

01 May, 2020 Supreme court

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