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Showing 51–72 of 72 articles, newest first. Back to Articles
- Amendment of Pleadings under Order 6 Rule 17, CPC
Articles · 29 Jul 2026
A constant tactical tool on both sides of a civil suit, and a frequent search. Clean topic with a clear pre- and post-trial distinction. Suggested outline: the general liberality in allowing amendments to determine the real controversy; the proviso barring amendments after trial has commenced unless due diligence is shown; amendments that don't change the nature of the suit vs. those that withdraw an admission or introduce a time-barred claim; costs as the usual price of amendment. Anchor cases: Revajeetu Builders, Life Insurance Corporation v. Sanjeev Builders (2022).
- Condonation of Delay under Section 5, Limitation Act, 1963
Articles · 29 Jul 2026
Bread-and-butter procedure that every litigator files and searches. Reliable evergreen traffic and pairs well with a general Limitation Act overview. Suggested outline: what "sufficient cause" means and its liberal-but-not-limitless construction; that Section 5 applies to appeals and applications but not to suits; the "every day's delay must be explained" rule softened by a justice-oriented approach; government-litigant delay and the courts' hardening stance; that limitation bars the remedy, not the right. Anchor cases: Collector, Land Acquisition v. Katiji, Esha Bhattacharjee, Pathapati Subba Reddy (2024).
- AI for Cheque Bounce Cases: Speeding Up Section 138 NI Act Practice
Articles · 29 Jul 2026
Cheque bounce cases under Section 138 of the NI Act make up a huge share of India's court dockets. Here's how AI can speed up this high-volume practice without cutting corners.
- Inside SUPACE: How the Supreme Court's Own AI Tool Actually Works
Articles · 28 Jul 2026
SUPACE is the Supreme Court's internal AI research assistant. Here's a plain-language look at what it does, how it's built, and what advocates can learn from its design.
- Daughters' Coparcenary Rights under the Hindu Succession Act, 1956
Articles · 28 Jul 2026
One of the most-searched succession topics after the landmark 2020 ruling, and genuinely important in partition practice. Strong, definitive hook. Suggested outline: the pre-2005 position and the 2005 amendment to Section 6; the settled rule that a daughter is a coparcener by birth regardless of whether the father was alive on 9 September 2005; the effect on partition suits and pending litigation; the interaction with self-acquired vs. ancestral property. Anchor case: Vineeta Sharma v. Rakesh Sharma (2020), which resolved the conflict between Prakash v. Phulavati and Danamma.
- Child Custody and Guardianship — the Welfare Principle
Articles · 28 Jul 2026
Emotionally charged and heavily searched by parents mid-dispute. A clean pillar piece for family-law practitioners. Suggested outline: the governing statutes (Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956); "welfare of the child is paramount" overriding statutory preferences; types of custody (physical, legal, joint, third-party); the diminishing weight of the father's "natural guardian" status; the child's own preference; visitation rights. Anchor cases: Gaurav Nagpal v. Sumedha Nagpal, Roxann Sharma.
- Domestic Violence under the Protection of Women from Domestic Violence Act, 2005
Articles · 28 Jul 2026
Huge family-law volume and distinct from your maintenance and cruelty pieces, since the PWDVA is a civil remedy with its own reliefs. High public search intent. Suggested outline: who is an "aggrieved person" and the wide definition of "domestic relationship" (including live-in relationships); the four heads of abuse (physical, sexual, verbal/emotional, economic); the reliefs available — protection orders, residence orders, monetary relief, custody, compensation; the right to reside in the shared household; the role of the Protection Officer; that proceedings are civil but breach of a protection order is an offence. Anchor cases: D. Velusamy (live-in test), Prabha Tyagi (2022, residence rights).
- Setting Aside an Arbitral Award under Section 34, Arbitration and Conciliation Act, 1996
Articles · 28 Jul 2026
Commercial litigation is growing fast and this is the pressure point every arbitration touches. The hook: the grounds are deliberately narrow — a court cannot re-hear the dispute on merits. Suggested outline: the limited grounds under Section 34 (incapacity, invalid agreement, lack of notice, beyond scope, procedural irregularity, public policy); the "patent illegality" ground for domestic awards and its confinement post-2015 amendment; what public policy does and does not cover after Ssangyong and Associate Builders; the strict limitation (three months plus thirty days, no further condonation); why courts don't sit in appeal over awards. A sophisticated piece that signals expertise to a commercial audience.
- Small Chambers, Big Leverage: How AI Levels the Field for Solo Advocates in India
Articles · 28 Jul 2026
AI gives solo advocates and small firms the research and drafting muscle of a large practice. Here's how to compete — and the accuracy discipline it requires.
- Matrimonial Cruelty under Section 85 BNS (formerly Section 498A IPC)
Articles · 27 Jul 2026
One of the highest-volume matrimonial topics, with a built-in debate (protection vs. misuse) that drives engagement. Section 498A IPC now appears as Section 85 BNS, with its core objective of protecting women from matrimonial cruelty intact, while Section 86 BNS carries the statutory definition of cruelty. NmaShonee Kapoor Suggested outline: the offence under Section 85 and the two-limb definition of cruelty in Section 86 (conduct likely to drive to suicide/grave injury, and harassment for unlawful demands); that it remains non-bailable but arrest is not automatic; the Arnesh Kumar arrest-safeguard discipline and Section 35 BNSS; the misuse concern and judicial cautions; the interplay with FIR quashing on compromise. Ties neatly to your quashing and anticipatory-bail articles
- Doctrine of Lis Pendens under Section 52, Transfer of Property Act
Articles · 27 Jul 2026
Very practical for property and litigation lawyers and their clients, since it governs what happens when property is sold while a suit is pending. Good internal link from your injunction and specific-performance pieces. Suggested outline: the maxim pendente lite nihil innovetur and the doctrine's purpose; the conditions for its operation (pending suit, directly involving the property, bona fide, not collusive); the effect on a transferee — bound by the outcome, not void but subservient; interplay with registration and good-faith purchase. Anchor cases: Rajender Singh v. Santa Singh, T.G. Ashok Kumar.
- Adverse Possession in Indian Property Law
Articles · 27 Jul 2026
Counterintuitive and therefore highly clickable ("how a trespasser can become an owner"), while genuinely important in property practice. Untouched by the criminal reforms. Suggested outline: the concept and its policy justification; the essential ingredients — possession that is nec vi, nec clam, nec precario (peaceful, open, continuous, hostile) for twelve years against a private owner (thirty against government); the shift in burden and the requirement to plead it clearly; that it can now be used as a sword, not just a shield. Anchor cases: Ravinder Kaur Grewal v. Manjit Kaur (2019), Hemaji Waghaji.
- Specific Performance under the Specific Relief Act, 1963 (post-2018 amendment)
Articles · 27 Jul 2026
A high-value commercial and property remedy with a genuinely fresh angle: the 2018 amendment converted specific performance from a discretionary remedy into a general rule, which many readers still don't appreciate. Suggested outline: what specific performance is and when it's sought (usually sale-of-immovable-property agreements); the pre- and post-2018 shift from discretion to entitlement; "readiness and willingness" as the plaintiff's essential burden; substituted performance under the new Section 20; bars to relief and limitation. Anchor cases: Katta Sujatha Reddy (on prospective application of the 2018 amendment), I.S. Sikandar.
- Default (Statutory) Bail under Section 187(3) BNSS (formerly Section 167(2) CrPC)
Articles · 24 Jul 2026
The natural third piece in your criminal-bail cluster, and distinct enough from anticipatory and regular bail to stand alone. The old Section 167(2) CrPC maps directly to Section 187(3) BNSS. The compelling angle: it's an indefeasible statutory right that turns purely on arithmetic, not merits. JuriGram Suggested outline: what default bail is and why it exists (prosecutorial delay); the 60/90-day timelines and the restructured police-custody windows under BNSS; the "indefeasible right" and how it's lost if not availed before the charge sheet is filed (Sanjay Dutt, Bikramjit Singh); the common advocate errors — arguing merits instead of the calendar, or lacking sureties on hand; special statutes (UAPA, PMLA) that alter the clock. A tight, tactical piece
- Writ Petitions under Articles 226 and 32 of the Constitution
Articles · 24 Jul 2026
Foundational, endlessly searched, and highly AEO-friendly because the five writs are a clean, list-shaped topic. Good pillar piece that many of your other articles can link back to. Suggested outline: the difference between Article 226 (High Court, wider, includes "for any other purpose") and Article 32 (Supreme Court, fundamental rights only, itself a fundamental right); the five writs — habeas corpus, mandamus, certiorari, prohibition, quo warranto — with a one-line practical example of each; maintainability and the alternative-remedy rule; locus standi and PIL; laches. L. Chandra Kumar for the 226 basic-structure point.
- Mutual Consent Divorce under Section 13B, Hindu Marriage Act
Articles · 24 Jul 2026
Enormous public search volume and a common brief for matrimonial practitioners. The strongest hook is the cooling-off period: the six-month wait between first and second motion is not mandatory and can be waived. Anchor case: Amardeep Singh v. Harveen Kaur (2017), plus the Supreme Court's power under Article 142 to dissolve marriages on irretrievable breakdown (Shilpa Sailesh, 2023). Suggested outline: the two-motion structure and the statutory waiting periods; when the six-month period can be waived and the factors courts weigh; what a settlement deed should cover (alimony, custody, stridhan, property); withdrawal of consent before the second motion; the irretrievable-breakdown route via Article 142. Practical and reassuring in tone works best here.
- Maintenance under Section 144 BNSS (formerly Section 125 CrPC)
Articles · 24 Jul 2026
High emotional and practical stakes, and heavily searched by both advocates and the public. Section 144 BNSS replaces Section 125 CrPC while retaining the same objective, and adds provisions like interim maintenance during pendency and modification of allowances when circumstances change. Testbook Suggested outline: who can claim (wife including divorced wife, minor and disabled major children, parents); the secular, gender-neutral character of the remedy; the "sufficient means" and "neglect or refusal" thresholds; interim maintenance; the mandatory income-affidavit framework from Rajnesh v. Neha (2021) — genuinely the most useful thing you can give readers here; enforcement via warrant. Mohd. Ahmed Khan v. Shah Bano for the secular-obligation point.
- Why a General Chatbot Can't Be Trusted With Indian Law (and Grounded AI Can)
Articles · 24 Jul 2026
ChatGPT invents case law. Retrieval-grounded legal AI cannot. Learn the technical difference every Indian advocate should understand before trusting AI research.
- Quashing Petitions Under Section 528 BNSS: Understanding the Legal Framework and Procedural Requirements
Articles · 24 Jul 2026
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which came into effect on July 1, 2024, serves as the statutory successor to Section 482 of the Code of Criminal Procedure, 1973, enabling High Courts to exercise inherent powers to quash criminal proceedings. A quashing petition constitutes a pre-trial remedy that terminates FIRs, chargesheets, or ongoing criminal proceedings where continuation would constitute an abuse of court process or result in manifest injustice. The petition filing date, rather than the FIR registration date, determines applicability of Section 528 BNSS, meaning FIRs registered under the CrPC era can be quashed under Section 528 BNSS if the petition is filed post-July 1, 2024. All precedential case law established under Section 482 CrPC, including landmark judgments in Bhajan Lal, Gian Singh, and Parbatbhai Ahir, remains fully binding and applicable under Section 528 BNSS due to the verbatim statutory text, providing practitioners with established grounds and procedural frameworks for filing such petitions.
- Cheque Bounce Under Section 138 of the Negotiable Instruments Act: Essential Ingredients and Procedural Requirements
Articles · 23 Jul 2026
Section 138 of the Negotiable Instruments Act, 1881, remains India's most litigated criminal provision, creating substantial commercial disputes. The offence requires five essential ingredients: a cheque drawn on a bank, presented within six months, dishonour due to insufficient funds or account closure, a 30-day statutory demand notice, and the drawer's failure to make payment within 15 days of notice. The statutory notice is mandatory and non-compliance renders the entire complaint defective, as established in landmark cases like Dashrath Rupsingh Rathod. Unlike the Bharatiya Nyaya Sanhita 2023 (BNS), Section 138 remains untouched and continues to operate independently under the Negotiable Instruments Act. Understanding these procedural safeguards is critical for both creditors seeking recovery and defendants protecting their rights, as the provision carries criminal penalties including imprisonment up to two years and fines up to twice the cheque amount.
- Why Section 138 Remains India's Largest Category of Pending Litigation and Commercial Implications
Articles · 23 Jul 2026
Section 138 prosecutions represent the single largest category of pending criminal litigation in Indian courts, with an estimated backlog running into millions of cases, reflecting the widespread use of cheques in commercial transactions despite digital payment alternatives. The provision's popularity stems from its accessibility to business owners and traders who lack specialized legal knowledge, as it provides a relatively straightforward criminal remedy for debt recovery without requiring civil suit formalities. The commercial intent behind Section 138 cases is evident from the demographic of complainants—primarily small and medium enterprises, wholesalers, and individual traders seeking swift resolution of payment defaults. Given that Section 138 operates independently of the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) regime, legal practitioners must remain conversant with the distinct procedural requirements and evidentiary standards applicable to these cases, as clients frequently conflate the old and new criminal procedure frameworks.
- Anticipatory Bail Under Section 482 BNSS: Understanding the Post-July 2024 Framework
Articles · 23 Jul 2026
With effect from 1 July 2024, anticipatory bail in India transitioned from Section 438 CrPC to Section 482 of the Bharatiya Nyaya Sanhita (BNSS), creating significant confusion in criminal practice given the section's prior association with inherent powers. Section 482 BNSS now codifies pre-arrest bail as a statutory right, permitting an accused reasonably apprehending arrest to approach the Sessions Court or High Court for protective custody orders before formal arrest. The jurisdiction hierarchy remains critical: Sessions Court exercises primary jurisdiction for bailable offences, while the High Court entertains direct petitions for non-bailable offences or where the Sessions Court has dismissed the application. Courts impose conditions under Section 482(2) including furnishing bail bonds, reporting to police, and restrictions on travel, balancing the accused's liberty with investigative needs and public interest. Landmark precedents such as Gurbaksh Singh Sibbia and Sushila Aggarwal (2020) establish that anticipatory bail cannot be granted for indefinite duration and remains subject to cancellation if the accused violates imposed conditions or the investigation reveals grave circumstances. Notably, Section 482 BNSS excludes certain offences—particularly those under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act—where anticipatory bail is statutorily barred, reflecting constitutional commitments to vulnerable groups. Practitioners must distinguish between interim anticipatory bail (granted pending final hearing) and final anticipatory bail, each carrying distinct legal implications for subsequent arrest and trial proceedings.