LEGAL POST

Fiat Justitia Ruat Caelum

“The Court must apply fiat justitia ruat caelum” “What does it mean?” “It literally means let justice be done though the heavens fall. Basically, the Courts must do justice regardless of the consequence even if it shakes the system or causes hardship.” “So the idea is that justice comes first, and consequences later?” “Precisely. Hypothetically...

Actus Reus Non Facit Reum Nisi Mens Sit Rea

In criminal law, we must always remember- actus reus non facit reum nisi mend sit rea             That’s Latin to me-what does it mean? It means a person cannot be held guilty just because he committed the act (actus reus). He can only be held guilty if he had the guilty mind (mens rea). For...

Date of Limitation to be seen from the date of filing of complaint, and not when cognizance is taken: SC Clarifies

The Bench comprising of Satish Chandra Sharma, J. and B.V. Nagarathna, J. has delivered a significant judgment on the interplay of limitation under Section 468 CrPC and Section 498-A IPC. The Hon’ble Court laid down crucial principles regarding the computation of limitation in continuing offences and addressed the misuse of criminal machinery in matrimonial disputes...

Motive is an essential ingredient in case of circumstantial evidence: SC acquits man of Section 302 IPC after 15 years

INTRODUCTION In a remarkable judgment passed by B.V. Nagarathna, J. and Satish Chandra Sharma, J., the Hon’ble Apex Court on 04.06.2025 acquitted a youth convicted under Section 302 and 201 IPC, 1860 by holding that the circumstantial evidence on record was not consistent and left a reasonable possibility of an alternate outcome i.e. of innocence...

Continuity and Change: A Jurisprudential Exploration of Punjab Customary Law

Punjab Customary Law, a legal tradition rooted in colonial policy and agrarian patriarchy, occupies a peculiar position in the Indian legal system. Oscillating between statutory law and living custom, its enduring relevance continues to shape property rights, succession, and marital relations, particularly in rural Punjab. This article undertakes an in-depth historical and analytical study of...

The Whistle Blowers Protection Act, 2011: A Critical Examination of India’s Transparency Legislation in Flux

In a democratic polity founded upon constitutional morality and rule of law, the protection of individuals who expose corruption, maladministration, and illegality is not merely a statutory duty but a civilizational imperative. The Whistle Blowers Protection Act, 2011 (hereinafter “the Act”), was envisaged as a cornerstone in India’s fight against entrenched corruption. However, over a...

The Fugitive Economic Offenders Act, 2018: A Legal Arsenal Against Transnational Economic Delinquency

The Fugitive Economic Offenders Act, 2018 (FEOA) emerged from a pressing necessity to combat the exodus of high-profile economic offenders who exploited legal lacunae to escape Indian jurisdiction. In a globalised financial ecosystem increasingly prone to complex frauds, the Act stands as a pivotal legislative initiative aimed at reining in wilful defaulters and economic fugitives...

Compensation under Section 166 of the Motor Vehicles Act, 1988

Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”) forms the procedural backbone for claiming compensation arising out of motor vehicle accidents. The provision is remedial in nature and must be interpreted liberally to advance the purpose of social justice underlying the statute. It empowers affected parties—including victims, legal representatives...

Bail Jurisprudence in India

Bail is an integral element of the Indian criminal justice system that reconciles the fundamental right to personal liberty with the broader interest of societal justice. It embodies the legal process through which a person accused of a criminal offence is released from custody, subject to conditions that ensure their participation in judicial proceedings. The...

The Mammoth Journey of a Living Legend of Law: Justice Surya Kant

Justice Surya Kant, presently a distinguished Judge of the Hon’ble Supreme Court of India, has carved a remarkable judicial legacy built upon constitutional morality, human dignity, and fearless interpretation of the law. Hailing from a humble background in Haryana, his rise through the ranks from Advocate General of Haryana to the Chief Justice of Himachal...

SECTION 362 CrPC: FUNCTUS OFFICIO

Images are subject to copyright INTRODUCTION Section 362 of the code of criminal procedure forms the basis of the entire code. This section has had an important role to play in the criminal procedure. This section has been mentioned in chapter XXVII of the code and has been very vital for the determination of reviewing...

CHILD CUSTODY, HABEAS CORPUS MAINTAINABILITY, INDIAN LAW

INTRODUCTION The Indian Law focuses on various procedures and methods for child custody, whether in cases of divorce or illegal custody of the child. One of the way that is used in Indian Law is the writ of Habeas Corpus, while the other is by way of an application to the District Magistrate, Sub-Divisional Magistrate...

Plea filed in Delhi HC for 41% enhancement of fees retrospectively.

Images are subject to copyright A plea was filed before Delhi High Court against notification dated 18.09.2021 issued by the Directorate of Higher Education under the Delhi Professional Colleges of Institutions (prohibition of capitation fee, regulation of admission, fixation of non-exploitative fees and other measures to ensure Equity and Excellence) Act, 2007 regarding fees 41% enhancement whereas...

THE COURT FEES ACT, 1870: A DETAILED ANALYSIS

ABSTRACT Court fees is an important step in litigation and was a concept new to India introduced in the Colonial Era to reduce the false and vexatious litigations that were being filed at that time. This concept has now been embedded in the Indian judicial system and serves as a basis for revenue generation and...

ADMISSIBILITY OF ELECTRONIC EVIDENCES IN INDIAN LAW AS PER S. 65B OF THE EVIDENCE ACT.

The industrial revolution in the 1900s bought with itself a lot of new technology and with the advent of new technology can new ways for daily chores and routines. The way the information was stored with the people also started to change from the oriental paper to the western computer. The same change could also...