SUPREME COURT CLARIFIES THAT EXCLUSION FROM ELECTORAL ROLLS DOES NOT EXTINGUISH WELFARE RIGHTS: RELIEF IN MOHIBULLA MONDAL V. STATE OF WEST BENGAL & ORS.

In a significant development reinforcing the distinction between electoral rights and citizenship-based welfare entitlements, the Supreme Court of India has observed that a person whose name has been excluded from the electoral rolls pursuant to the Special Intensive Revision (SIR) exercise cannot automatically be deprived of essential welfare benefits such as subsidized food grains under the Public Distribution System (PDS). The observations came in MOHIBULLA MONDAL V. STATE OF WEST BENGAL & ORS., where the Court emphasized that deletion from the electoral roll merely affects a person's right to vote and does not extinguish other statutory or constitutional entitlements. While declining to directly intervene, the Court granted liberty to the petitioner to approach the Calcutta High Court for appropriate relief and expressed confidence that constitutional courts would safeguard such rights.

Continue ReadingSUPREME COURT CLARIFIES THAT EXCLUSION FROM ELECTORAL ROLLS DOES NOT EXTINGUISH WELFARE RIGHTS: RELIEF IN MOHIBULLA MONDAL V. STATE OF WEST BENGAL & ORS.

Supreme Court Approves Nationwide Guidelines on Judicial Sensitivity in Sexual Offence Cases, Directs Courts and Police to Follow Handbook

In a significant development aimed at strengthening sensitivity, compassion and victim-centric approaches within India's criminal justice system, the Supreme Court of India has approved guidelines prepared by an Expert Committee of the National Judicial Academy on judicial sensitivity in sexual offence cases. The Court has directed courts across the country to strictly follow the expressions and principles contained in the approved guidelines and handbook. The directions were issued in In Re: Order dated 17.03.2025 Passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1449/2024 and Ancillary Issues, a suo motu proceeding arising from a controversial Allahabad High Court decision concerning allegations of sexual assault against a minor girl.

Continue ReadingSupreme Court Approves Nationwide Guidelines on Judicial Sensitivity in Sexual Offence Cases, Directs Courts and Police to Follow Handbook

Preventing Corporate Fraud Through Strong Internal Controls: Legal Strategies for Corporate Governance and Regulatory Compliance in India

Corporate fraud remains one of the most significant threats to the financial stability, governance and long-term sustainability of businesses operating in today's increasingly complex commercial environment. Whether arising from financial statement manipulation, asset misappropriation, procurement fraud, bribery, cyber-enabled financial crimes, payroll fraud, accounting irregularities or abuse of managerial authority, corporate fraud can result in substantial financial losses, regulatory enforcement, shareholder litigation and irreversible reputational damage. Beyond its immediate economic consequences, corporate fraud often exposes organisations and their directors to extensive civil, criminal and regulatory liability under Indian law.

Continue ReadingPreventing Corporate Fraud Through Strong Internal Controls: Legal Strategies for Corporate Governance and Regulatory Compliance in India

Business Succession Planning: Protecting Family-Owned Enterprises Through Strategic Legal Structuring and Corporate Governance

Family-owned enterprises have long served as the backbone of the Indian economy, contributing significantly to employment generation, industrial growth and wealth creation across generations. Many of India's most successful businesses have evolved from closely held family enterprises into diversified corporate groups, with ownership and management continuing to remain within successive generations. However, despite their commercial success, family businesses frequently encounter significant legal and governance challenges during the transition of ownership and managerial control. The absence of a well-structured succession plan often results in shareholder conflicts, inheritance disputes, fragmentation of ownership, management deadlocks and prolonged litigation that may substantially diminish enterprise value and jeopardise business continuity.

Continue ReadingBusiness Succession Planning: Protecting Family-Owned Enterprises Through Strategic Legal Structuring and Corporate Governance

Tamil Nadu Challenges Madras High Court Verdict on Reservation for Converts to Islam: Supreme Court to Decide Scope of Backward Class (Muslim) Status

The question of whether a person who converts to Islam can continue to claim reservation benefits under the Backward Class (Muslim) category has reached the Supreme Court of India. The Tamil Nadu Government has filed a Special Leave Petition (SLP) challenging the judgment of the Madras High Court, which struck down a 2024 Government Order (GO) permitting eligible converts from certain reserved communities to obtain Backward Class (Muslim) community certificates for reservation purposes.

Continue ReadingTamil Nadu Challenges Madras High Court Verdict on Reservation for Converts to Islam: Supreme Court to Decide Scope of Backward Class (Muslim) Status

GO TO POLICE, HAVE FAITH IN THE SYSTEM”: SUPREME COURT DECLINES URGENT HEARING ON PIL OVER ALLEGED REMARKS AGAINST PROPHET MUHAMMAD

In a significant observation reaffirming the importance of following the established criminal justice process, the Supreme Court of India declined to urgently list a Public Interest Litigation (PIL) seeking action against alleged derogatory remarks made by social media influencer Nazia Elahi Khan regarding Prophet Muhammad.

Continue ReadingGO TO POLICE, HAVE FAITH IN THE SYSTEM”: SUPREME COURT DECLINES URGENT HEARING ON PIL OVER ALLEGED REMARKS AGAINST PROPHET MUHAMMAD

Viscera Report Not Put to the Accused Under Section 313 CrPC Cannot Be Relied Upon: Allahabad High Court Reaffirms the Right to a Fair Trial

In a landmark judgment reinforcing the constitutional principles of natural justice and fair trial, the Allahabad High Court set aside the conviction of three persons who had been sentenced in connection with a dowry death allegedly caused by poisoning nearly four decades ago. The Court held that the prosecution could not rely upon a viscera reportthe principal scientific evidence in the casebecause it had never been specifically put to the accused during their examination under Section 313 of the Code of Criminal Procedure, 1973 (now reflected in Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023).

Continue ReadingViscera Report Not Put to the Accused Under Section 313 CrPC Cannot Be Relied Upon: Allahabad High Court Reaffirms the Right to a Fair Trial

Regulatory Due Diligence: A Critical Step Before Business Expansion Under Indian Corporate and Regulatory Laws

Business expansion represents a significant milestone in the growth trajectory of any enterprise. Whether through mergers and acquisitions, establishment of new business verticals, foreign investment, joint ventures, franchising, geographical expansion or entry into regulated industries, every expansion strategy carries substantial legal, financial and regulatory implications. While commercial opportunities often drive expansion decisions, businesses that fail to undertake comprehensive regulatory due diligence frequently expose themselves to unforeseen compliance liabilities, contractual disputes, regulatory penalties and operational disruptions that may significantly undermine the success of the proposed transaction.

Continue ReadingRegulatory Due Diligence: A Critical Step Before Business Expansion Under Indian Corporate and Regulatory Laws

SUPREME COURT BRINGS UNIFORMITY TO MOTOR ACCIDENT COMPENSATION: LANDMARK GUIDELINES ON USING INCOME TAX RETURNS (ITRS) TO ASSESS VICTIMS’ INCOME

Case: Rashmirekha Tripathy & Anr. v. The Branch Manager (Legal Claims), Sriram General Insurance Company Limited & Ors. Bench: Justice Sanjay Karol & Justice Nongmeikapam Kotiswar Singh Introduction In a landmark judgment that is set to significantly influence the adjudication of motor accident compensation claims across India, the Supreme Court has laid down comprehensive guidelines for determining the annual income of deceased victims by relying upon their Income Tax Returns (ITRs).

Continue ReadingSUPREME COURT BRINGS UNIFORMITY TO MOTOR ACCIDENT COMPENSATION: LANDMARK GUIDELINES ON USING INCOME TAX RETURNS (ITRS) TO ASSESS VICTIMS’ INCOME

REPRESENTATION OF THE PEOPLE ACT DOES NOT APPLY TO MUNICIPAL ELECTIONS: SUPREME COURT CLARIFIES SCOPE OF ELECTION LAW AND FALSE AFFIDAVIT PROSECUTION

In a significant judgment concerning election law and criminal liability arising from local body elections, the Supreme Court of India has clarified that the Representation of the People Act, 1951 (RPA) applies exclusively to elections conducted for Parliament and State Legislatures and does not extend to municipal elections.

Continue ReadingREPRESENTATION OF THE PEOPLE ACT DOES NOT APPLY TO MUNICIPAL ELECTIONS: SUPREME COURT CLARIFIES SCOPE OF ELECTION LAW AND FALSE AFFIDAVIT PROSECUTION