Posts in category: Legal

Comparison to help you decide between Litigation and Corporate Law

Litigation

Nature of Work:

• Represents clients in court (civil, criminal, or constitutional matters)
• Conducts arguments, cross-examinations, and filings
• Involves regular court appearances and drafting petitions

Skills Required:

• Strong oral advocacy
• In-depth legal research
• Quick thinking and confidence

Work Environment:

• Courtrooms, chambers, or independent practice
• Unpredictable schedules and deadlines

Pros:

• Opportunity to argue cases and build courtroom reputation
• High independence once established

Cons:

• Initial years may have lower income
• Stressful and long working hours

Corporate Law

Nature of Work:

• Advises companies on compliance, mergers, contracts, and policies
• Drafts and reviews agreements and legal documents
• Works closely with business teams

Skills Required:

• Strong drafting and negotiation
• Business and commercial understanding
• Analytical and detail-oriented mindset

Work Environment:

• Offices or law firms with structured hours
• Collaborative, team-based setting

Pros:

• Stable income and work hours
• Exposure to business strategy

Cons:

• Less courtroom experience
• Can be monotonous for those who enjoy argumentation

Which Should You Choose?

Landmark Judgments on Freezing of Bank Accounts by Police (Remedy & Principles)

1. Teesta Atul Setalvad v. State of Gujarat, (2018) 2 SCC 372

Court: Supreme Court of India
Principle:

• Police cannot freeze a bank account without proper justification and recorded reasons under Section 102 CrPC.
• It is mandatory to inform the Magistrate immediately.
• Freezing affects the right to livelihood; it must be proportionate and fair.
  Remedy: Certain accounts were ordered to be de-frozen as the police failed to justify the freeze.

2. Swaran Sabharwal v. Commissioner of Police, 1988 Cri LJ 241 (Delhi HC)

Principle:

• Freezing of a bank account is permissible only if the money is directly linked to the alleged offence.
• Freezing the entire account without evidence violates Article 300A (Right to Property).
  Remedy: Court ordered de-freezing.

3. M.T. Enrica Lexie v. Doramma, (2012) 13 SCC 780

Principle:

• The Supreme Court clarified that property (including bank accounts) can be seized under Section 102 CrPC only if it is suspected to be connected with an offence.
• Freezing beyond that scope violates due process.

4. Rajesh Kumar v. State of Haryana, 2019 SCC OnLine P&H 1691

Court: Punjab & Haryana High Court
Principle:

• Police must report the freezing to the Magistrate and give notice to the account holder.
• The person should be given a chance to explain the source of funds.
  Remedy: Freezing was quashed for non-compliance with Section 102 CrPC.

5. Jayant v. State of Madhya Pradesh, (2021) SCC OnLine MP 3167

Principle:

• Freezing of a bank account without an FIR or link to an investigation is illegal.
• The investigating officer must record reasons in writing and report them to the Magistrate.
  Remedy: Freeze order set aside.

6. Axis Bank v. State of Maharashtra, 2017 SCC OnLine Bom 9102

Court: Bombay High Court
Principle:

• Power under Section 102 CrPC must be exercised strictly and with caution.
• Freezing the entire account merely on suspicion is unlawful; only offence-related funds can be held.
  Remedy: Partial release of frozen accounts ordered.

7. Kaushalya Bai v. State of Maharashtra, 2018 SCC OnLine Bom 1815

Principle:

• The investigating officer cannot freeze joint or family accounts without establishing a nexus to the offence.
  Remedy: De-freezing of unrelated accounts directed.

8. ICICI Bank Ltd. v. State of Maharashtra, 2020 SCC OnLine Bom 248

Principle:

• A bank cannot freeze accounts without a lawful written order from a competent authority.
• Police must follow due process and proportionality.
  Remedy: Directions issued for de-freezing.

9. T. Subbulakshmi v. State of Tamil Nadu, 2017 SCC OnLine Mad 24679

Court: Madras High Court
Principle:

• Freezing a bank account without prior notice or copy of FIR/order is a violation of natural justice.
  Remedy: De-freezing ordered; compensation recommended.

10. Om Prakash Sharma v. State of Uttar Pradesh, 2020 SCC OnLine All 1019

Principle:

• If freezing is disproportionate or not reported to the Magistrate, it is illegal and liable to be set aside.
  Remedy: Court quashed the freezing order.

Summary Table

 Key Takeaways

• Section 102 CrPC allows freezing only if property is linked to an offence.
• Police must report to the Magistrate immediately after freezing.
• Notice and opportunity must be given to the account holder.
• Courts can order de-freezing or limited access if freezing is arbitrary or disproportionate.
• Violation of due process amounts to infringement of Article 300A (Right to Property) and Article 21 (Right to Livelihood).

Types of Applications under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — including summary, purpose, and general formats for each type.

Types of Applications under BNSS, 2023 (with Summary & Format)

Sample Formats

1️⃣ Application for Bail (Sec. 478–483 BNSS)

IN THE COURT OF [JURISDICTION]
Application No. ___ of 20__

Applicant: [Name of Accused]
Versus
State of [State Name]

APPLICATION FOR BAIL UNDER SECTION 478 OF BNSS, 2023

The applicant respectfully submits:
1. That the applicant has been falsely implicated in FIR No. ___ dated ___ u/s ___ of BNS.
2. That the applicant is a law-abiding citizen and undertakes to cooperate in investigation.
3. That no purpose will be served by keeping the applicant in custody.

PRAYER:
It is therefore prayed that this Hon’ble Court may kindly grant bail to the applicant in the interest of justice.

Place: ___________  
Date: ___________  
(Signature)  
[Name of Applicant / Advocate]

2️⃣ Application for Anticipatory Bail (Sec. 484 BNSS)

IN THE COURT OF SESSIONS JUDGE / HIGH COURT AT ________

APPLICATION UNDER SECTION 484 BNSS, 2023 FOR ANTICIPATORY BAIL

Applicant: [Name, Address]
FIR No.: ___ dated ___ under Section ___ of BNS

The applicant humbly submits:
1. That the applicant apprehends arrest in the above matter.
2. That the applicant is ready to cooperate with the investigation.
3. That the applicant is willing to comply with all conditions imposed by the Hon’ble Court.

PRAYER:
Grant anticipatory bail to the applicant in the interest of justice.

(Signature)

Application for Discharge (Sec. 250 BNSS)

APPLICATION UNDER SECTION 250 BNSS, 2023 FOR DISCHARGE

The applicant respectfully submits:
1. That the prosecution has not produced any prima facie evidence.
2. That continuation of proceedings would amount to abuse of process.

PRAYER:
It is therefore prayed that the applicant may kindly be discharged from the present case.

(Signature)

Application for Exemption from Personal Appearance (Sec. 285 BNSS)

APPLICATION UNDER SECTION 285 BNSS, 2023 FOR EXEMPTION FROM PERSONAL APPEARANCE

The applicant submits:
1. That the applicant is unable to appear due to [reason].
2. That the applicant has authorized his counsel to appear on his behalf.

PRAYER:
Kindly exempt the applicant from personal appearance for the day.

(Signature)

Application for Return of Property (Sec. 523 BNSS)

APPLICATION UNDER SECTION 523 BNSS, 2023 FOR RELEASE OF SEIZED PROPERTY

The applicant respectfully submits:
1. That the property/vehicle bearing No. ______ was seized in connection with FIR No. ______.
2. That the applicant is the lawful owner of the said property.

PRAYER:
Kindly direct the police to release the property on Supurdnama.

(Signature)

Tips for Drafting Applications

✅ Use clear, polite, and factual language.
✅ Always mention relevant section and case number.
✅ Attach supporting documents / affidavits when necessary.
✅ Mention a short prayer at the end clearly stating relief sought.

Here’s a clear and concise comparison of Arbitration, Conciliation, and Mediation — three important Alternative Dispute Resolution (ADR) methods under Indian law:

1. Meaning & Nature

2. Role of the Third Party

3. Outcome & Binding Nature

 4. Procedure & Flexibility

 5. Examples / Use

 Summary Table

Here’s a summary of the recent important ruling by the Delhi High Sure — let’s go through this carefully.

You’re referring to landmark judgments under the Negotiable Instruments Act, 1881 (NI Act), particularly Section 138, which deals with the dishonour of cheques (commonly called cheque bounce cases).

Your query is about cases where a person issued a security cheque for a personal loan, and whether dishonour of such a security cheque attracts liability under Section 138 of the NI Act.

Key Principle

A security cheque can still attract liability under Section 138, if it is found that:

• The cheque was issued towards an existing enforceable debt or liability, or
• The liability crystallized by the time the cheque was presented.

However, if the cheque was purely for security with no existing liability at the time of presentation, Section 138 may not apply.

 Landmark Judgments

1. ICDS Ltd. v. Beena Shabeer & Anr.

(2002) 6 SCC 426 — Supreme Court of India
Key point:
Even a cheque issued as security can fall within Section 138 if, when presented, it represents a legally enforceable debt or liability.

“The cheque was issued by the respondent not for any gift, but for discharge of an existing or future liability. Thus, Section 138 would be attracted.”

2. Sampelly Satyanarayana Rao v. Indian Renewable Energy Development Agency Ltd.

(2016) 10 SCC 458 — Supreme Court
Facts: Post-dated cheques issued as security for repayment of a loan.
Held: Even if cheques are described as security, if they were issued towards repayment installments under a loan agreement, dishonour attracts Section 138.

“If on the date of the cheque there was a debt or liability, Section 138 is attracted. Mere description of the cheque as ‘security’ does not change its legal character.”

3. Sripati Singh (since deceased) through his son Gaurav Singh v. State of Jharkhand & Anr.

(2021) SCC OnLine SC 1002 — Supreme Court
Key point:
If a cheque issued as security is presented after the debt becomes due, its dishonour will attract Section 138.

“A cheque issued as security cannot be considered as a worthless piece of paper. If the loan is not repaid and the cheque is presented, Section 138 is attracted.”

4. Indus Airways Pvt. Ltd. v. Magnum Aviation Pvt. Ltd.

(2014) 12 SCC 539 — Supreme Court
Key point:
If a cheque is issued for an advance payment or a contingent event (not for an existing liability), Section 138 does not apply.

“For Section 138 to apply, there must be a legally enforceable debt or liability on the date of the cheque.”

5. Sunil Todi & Ors. v. State of Gujarat & Anr.

(2021) 11 SCC 486 — Supreme Court
Key point:
If at the time of cheque presentation, there exists a legally enforceable liability, dishonour of even a post-dated or “security” cheque attracts Section 138.

Summary Table

 Application to Personal Loan and Security Cheque

If someone gave a cheque as security for a personal loan, and:

• The loan was not repaid, and
• The cheque was presented after default,
  then the cheque represents an enforceable liability, and dishonour attracts Section 138.

But if:

• The loan was repaid, or
• The cheque was presented before the loan became due,
  then Section 138 may not apply, as there was no subsisting debt.

Below, I’ll give you two sample legal drafts related to security cheques for a personal loan under Section 138 of the Negotiable Instruments Act (NI Act) — one for the complainant (who gave the loan) and one for the accused/defence (who gave the security cheque).

These are illustrative formats, to help you understand how courts approach such cases.

 1. Sample Complaint Format under Section 138 (Complainant Side)

IN THE COURT OF THE METROPOLITAN MAGISTRATE AT [CITY]
Complaint under Section 138 of the Negotiable Instruments Act, 1881

Complainant:
[Name],
[Address],
[Occupation].

Versus

Accused:
[Name],
[Address],
[Occupation].

Complaint under Section 138 of the Negotiable Instruments Act

1. The complainant and accused are known to each other. On [date], the complainant advanced a personal loan of ₹[amount] to the accused for his personal needs.

2. In discharge of the said legally enforceable liability, the accused issued a cheque bearing No. [xxxxxx] dated [date] drawn on [Bank Name, Branch] for ₹[amount], in favour of the complainant.

3. The said cheque was presented by the complainant for encashment on [date], but it was returned unpaid with the endorsement “Insufficient Funds” vide bank memo dated [date].

4. Thereafter, the complainant issued a legal demand notice dated [date] to the accused by registered post, calling upon him to make payment of the cheque amount within 15 days of receipt. The notice was duly served on [date], but the accused failed to comply.

5. The accused has thus committed an offence under Section 138 of the Negotiable Instruments Act, 1881.

6. The cause of action arose on [date] when the cheque was returned unpaid and continues to subsist.

PRAYER

The complainant therefore prays that this Hon’ble Court may be pleased to:

1. Take cognizance of the offence under Section 138 of the NI Act against the accused;
2. Issue process and summon the accused to stand trial;
3. Punish the accused as per law and direct him to pay compensation under Section 357 CrPC.

Place: [City]
Date: [Date]
Complainant’s Signature

Supporting Documents

1. Copy of the loan agreement or proof of loan transfer
2. Original dishonoured cheque
3. Bank return memo
4. Legal notice & postal receipt
5. Proof of service of notice

 2. Sample Defence Reply (Accused Side)

IN THE COURT OF THE METROPOLITAN MAGISTRATE AT [CITY]

Case No.: [Number]
Accused: [Name]
Complainant: [Name]

WRITTEN STATEMENT / DEFENCE

1. The accused admits that a cheque bearing No. [xxxxxx] was issued in favour of the complainant; however, the said cheque was given only as a security at the time of obtaining a personal loan, and not towards any existing or legally enforceable debt on the date of issuance.

2. The complainant has misused the security cheque despite the fact that the loan was either duly repaid or that the cheque was not due for presentation.

3. It is settled law (see Indus Airways Pvt. Ltd. v. Magnum Aviation Pvt. Ltd., (2014) 12 SCC 539) that a cheque issued as security, when no legally enforceable debt existed on the date of its presentation, does not attract Section 138 of the NI Act.

4. The complainant has not proved the existence of a subsisting debt as on the date the cheque was presented, hence the basic ingredients of Section 138 are not fulfilled.

5. Therefore, the complaint is false, frivolous, and liable to be dismissed.

PRAYER

It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:

1. Dismiss the complaint filed by the complainant;
2. Acquit the accused of the offence under Section 138 NI Act; and
3. Pass such further orders as may be deemed just and proper.

Place: [City]
Date: [Date]
(Signature of Accused/Advocate)

Supporting Case Law Citations for Each Side

Here’s a summary of the recent important ruling by the Delhi High Court (DHC) on alimony/maintenance in matrimonial matters, and what it means:

What the DHC said

• The DHC held that permanent alimony under Hindu Marriage Act, 1955 (HMA) — specifically under Section 25 (and in matrimonial maintenance under other Acts) — is intended as a measure of social justice, i.e., to prevent a financially dependent spouse from being left destitute. It is not meant to equalise the financial status of two capable spouses.
• The Bench (Justices Anil Kshetarpal & Harish Vaidyanathan Shankar) emphasised that the person seeking alimony must show genuine financial need / economic vulnerability. If the spouse is financially self-sufficient/independent then alimony may be denied.
• In the particular case: the wife was a senior government officer (Group A IRTS), had substantial independent income, the marriage was short (~14 months), there were no children, and the family court found the wife had sought a large settlement ( ₹50 lakhs) in exchange for divorce. The DHC upheld the family court’s order denying permanent alimony.
• Interim maintenance / claims under §125 CrPC: the DHC also held that a well-educated spouse with capacity to earn should not claim maintenance simply by remaining idle.

Key take-aways / implications

• Financial independence matters: If a spouse is demonstrably capable of earning and has independent means, courts may refuse alimony.
• Need must be shown: The applicant must produce evidence of financial vulnerability or inability to maintain reasonable standard of living post-divorce.
• Standard of living & marriage duration: Short marriages, absence of children, lack of shared dependency may affect claims.
• Alimony ≠ enrichment tool: The aim is support, not to elevate the claimant to the level of the higher-earning spouse.
• Earning capacity counts: For interim maintenance, or alimony, a spouse who is capable of employment cannot merely sit idle and seek relief; courts expect effort.
• Process-wise: The DHC also pointed to amendments in the Delhi Family Courts (Amendment) Rules, 2024 in January 2025, which inserted new rules (Chapters VI & VII) in the Delhi Family Courts Rules, 1996, effective immediately.

What this doesn’t mean (yet)

• This ruling is not a statutory amendment altering the law across India; it’s a judgment of the Delhi High Court interpreting the existing law in a particular fact-situation.
• It doesn’t mean no spouse can ever get alimony if they are earning; it depends on the relative financial positions, standard of living during marriage, and whether the earning is sufficient for maintaining that standard.
• Each case will turn heavily on facts: income, assets, duration of marriage, children, dependency, conduct of parties, etc.
• Jurisdictionally, this applies to the Delhi High Court and courts in Delhi/ NCR region; other high courts may interpret slightly differently though higher court precedent (e.g., Supreme Court) will guide uniformly.

Definition:

The Special Marriage Act, 1954 is a secular law that allows marriage between two persons of different religions, castes, or nationalities in India without requiring conversion to each other’s religion.

It provides a civil form of marriage governed by uniform procedure and conditions — completely independent of personal laws like Hindu Marriage Act or Muslim law.

🔹 Objective:

• To provide a special form of marriage for all Indian citizens irrespective of religion or faith.
• To protect inter-religious and inter-caste couples from social and legal obstacles.
• To ensure secularism and equality before law (Article 14 and Article 21 of the Constitution).

⚖️ II. MAIN PROVISIONS OF SMA, 1954

⚖️ III. CONDITIONS FOR MARRIAGE (Section 4)

1. Neither party has a living spouse.
2. Both are of sound mind and capable of giving valid consent.
3. Male must be 21 years or older, female 18 years or older.
4. Parties are not within prohibited degrees of relationship (unless custom allows).

⚖️ IV. PROCEDURE OF MARRIAGE UNDER SMA

Step-by-Step Process 👇

1. Notice of Intended Marriage (Section 5)
   • The couple gives written notice to the Marriage Officer of the district where at least one has resided for 30 days.
2. Publication of Notice (Section 6)
   • The Marriage Officer publishes the notice in his office for public inspection for 30 days.
   • A copy is also sent to the permanent addresses of both parties.
3. Objections (Section 7)
   • Anyone can object to the marriage within 30 days if it violates conditions under Section 4 (e.g., one party already married, minor age, etc.).
4. Hearing of Objections (Section 8)
   • If objections are raised, the Marriage Officer conducts an inquiry and decides within 30 days.
5. Solemnization of Marriage (Section 11)
   • If no valid objection exists, marriage is solemnized in presence of three witnesses and the Marriage Officer.
   • Both parties must say: “I, A, take thee, B, to be my lawful wife/husband.”
6. Marriage Certificate (Section 13)
   • The Officer records the marriage certificate, signed by both parties and witnesses, which is conclusive proof of marriage.

⚖️ V. RIGHTS & CONSEQUENCES

• Marriage under SMA does not require religious rituals or conversions.
• Succession rights are governed by the Indian Succession Act, 1925 (not personal law).
• Parties are protected under Section 19 SMA from losing rights in their family due to inter-faith marriage.
• Provides provisions for divorce, maintenance, and custody similar to other marriage laws.

⚖️ VI. LANDMARK JUDGMENTS ON SPECIAL MARRIAGE ACT

⚖️ VII. KEY CONSTITUTIONAL CONNECTIONS

⚖️ VIII. EXAMPLE

If A (Hindu) and B (Christian) wish to marry —

Their succession will follow Indian Succession Act, 1925, not Hindu or Christian personal law.

They can do so under SMA without either converting.

They must give 30 days’ notice, and the marriage will be solemnized before the Marriage Officer with 3 witnesses.

Here’s a complete explanation of “Types of Appeals under the Code of Civil Procedure, 1908 (CPC)”, including sections, meaning, purpose, and landmark points

Types of Appeals under the Code of Civil Procedure, 1908

Meaning of Appeal

An appeal is a legal remedy by which a person dissatisfied with a court’s decision seeks a review and reversal/modification by a superior court.

It is not a new trial, but a continuation of the original proceedings.

Statutory Basis

Appeals under CPC are governed by Sections 96–112 and Orders 41–45.

Types of Appeals under CPC

Key Features of an Appeal

• It is a statutory right — not inherent.
• It must be filed within limitation (Sections 12, 5 Limitation Act).
• No appeal from consent decrees (Section 96(3) CPC).
• Right of appeal exists on the date suit is instituted.

Distinction Between First and Second Appeal

Landmark Judgments

Objective of Appeal

• To ensure justice by correcting errors of law or fact.
• To provide supervisory control over subordinate courts.
• To maintain uniformity of law and proper judicial discipline.

Summary Table

Meaning

The Doctrine of Severability means that if a particular provision of a statute is unconstitutional, but the rest of the statute can stand independently, then only the offending (invalid) portion is struck down, and the valid part continues to operate.

In short: Only the unconstitutional part is severed (“cut off”) from the rest.

Constitutional Basis

• Derived from Article 13(1) & 13(2) of the Indian Constitution, which declare that laws inconsistent with fundamental rights are void to the extent of the inconsistency.
• The phrase “to the extent of such inconsistency” gives birth to this doctrine.

Essence of the Doctrine

If a law violates Fundamental Rights:

1. The offending portion is declared void (invalid).
2. The remaining valid portion continues to operate if it can function independently.

Leading Case Laws

Tests for Applying Doctrine of Severability

Example

Suppose a law says:

“No person shall publish a newspaper or criticize the government.”

• The first part (“no person shall publish a newspaper”) violates Article 19(1)(a).
• The second part (“criticize the government”) may be valid.
  The court will strike down only the first part and retain the second if it can stand independently.

Key Takeaway

The Doctrine of Severability ensures that the entire law is not invalidated merely because a part of it violates Fundamental Rights — preserving legislative intent while protecting constitutional supremacy.