Author: Claw

Introduction The concept of “reasonable compensation” has long been a contentious issue in Indian land acquisition law, particularly when different statutory frameworks intersect. The recent Supreme Court judgment in The State of Arunachal Pradesh v. Mihin Laling (2025) marks a watershed moment in defining and interpreting this doctrine. The judgment addresses the critical question of how “reasonable compensation” should be construed when dealing with pre-constitutional regulations vis-à-vis modern land acquisition laws. The legal landscape of land acquisition in India has evolved significantly since independence, transitioning from the Land Acquisition Act, 1894, to the Right to Fair Compensation and Transparency in…

Introduction The distinction between civil and criminal liability in contractual matters has long been a subject of legal discourse in India. The recent Karnataka High Court judgment in Sailen Das vs. State By Kodigehalli Police Station (2025:KHC:36015) brings this crucial distinction into sharp focus, particularly in the context of government and commercial contracts. This landmark ruling addresses the fundamental question of when a breach of contract can be elevated to criminal proceedings, specifically under Section 420 (cheating) of the Indian Penal Code. The judgment is particularly significant as it comes at a time when there is an increasing tendency to…

Introduction Anticipatory bail, enshrined under Section 438 of the Criminal Procedure Code (CrPC), stands as a crucial safeguard against arbitrary arrests in India’s criminal justice system. This provision allows a person apprehending arrest to seek pre-arrest bail from the High Court or Sessions Court. The concept emerged from the recognition that influential persons often try to implicate their rivals in false cases to cause humiliation and harassment through arrest. The constitutional validity of anticipatory bail was upheld in the landmark case of Gurbaksh Singh Sibbia vs. State of Punjab (1980), where the Supreme Court emphasized that the provision should be…

Introduction Land acquisition has long been a contentious issue in India, where the state’s power to acquire private property often intersects with citizens’ property rights. The legal framework governing land acquisition has evolved significantly, from the Land Acquisition Act of 1894 to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. However, special regulations like the Jhum Land Regulation, 1947, continue to create unique challenges in certain regions, particularly concerning indigenous land rights and compensation mechanisms. The Supreme Court’s recent judgment in The State of Arunachal Pradesh v. Mihin Laling (2025) marks a significant…

Introduction The intersection of criminal law and matrimonial disputes has long been a complex terrain in Indian jurisprudence, particularly when it involves Non-Resident Indians (NRIs). The Supreme Court’s recent judgment on quashing FIRs under Section 498-A IPC marks a significant development in this area, emphasizing the need for courts to adopt a comprehensive approach rather than a mechanical one while dealing with criminal complaints. The judgment addresses crucial aspects of criminal jurisprudence, including the timing of FIR registration, the relevance of foreign court orders, and the broader implications of cross-border matrimonial disputes. This development is particularly significant given the increasing…

Introduction The process of quashing First Information Reports (FIRs) represents a critical aspect of criminal jurisprudence in India, serving as a safeguard against malicious prosecution and abuse of legal process. The power to quash FIRs, vested in High Courts under Section 482 of the Criminal Procedure Code (CrPC), has evolved significantly through judicial interpretation. This power becomes particularly relevant in cases involving matrimonial disputes, especially those under Section 498A of the Indian Penal Code (IPC). In a recent landmark judgment, the Supreme Court has provided crucial guidelines on how courts should approach quashing petitions, particularly emphasizing the need to consider…

Introduction The phenomenon of matrimonial disputes involving Non-Resident Indian (NRI) spouses has emerged as a significant challenge in Indian family law jurisprudence. These cases present unique complexities due to their cross-border nature, involving multiple jurisdictions and legal systems. The intersection of Indian criminal law, particularly Section 498A of the Indian Penal Code (IPC), with international legal frameworks creates a complex web of legal considerations that courts must carefully navigate. The rise in NRI marriages and subsequent disputes has led to increased attention from both the judiciary and legislature. These cases often involve allegations of dowry harassment, domestic violence, and abandonment,…

Introduction The Central Excise Act, 1944 stands as one of India’s fundamental taxation legislations, governing the levy and collection of excise duties on manufactured goods. At its core, Section 2(f)(i) of the Act defines ‘manufacture’ – a definition that has been subject to numerous judicial interpretations over the years. The recent Supreme Court judgment in M/s Quippo Energy Ltd. v. Commissioner of Central Excise Ahmedabad – II provides crucial clarity on what constitutes ‘manufacture’ under the Act, particularly in cases involving transformation of existing products. The interpretation of ‘manufacture’ under excise law has significant implications for businesses across India, affecting…

Introduction The intersection of criminal law and matrimonial disputes has long been a complex terrain in Indian jurisprudence, particularly concerning Section 498A of the Indian Penal Code (IPC). This provision, originally enacted as a shield to protect women from dowry-related harassment and cruelty, has occasionally been wielded as a sword in matrimonial disputes. The Supreme Court’s recent judgment marks a significant evolution in the judicial approach to quashing FIRs under Section 498A, especially in cases involving Non-Resident Indians (NRIs). The legal framework surrounding Section 498A has undergone substantial transformation through judicial interpretation over the years. Courts have increasingly recognized the…

Introduction The Central Excise Act, 1944 (CEA) has been a cornerstone of India’s indirect taxation framework, governing the levy and collection of excise duty on manufactured goods. One of the most contentious aspects of this legislation has been the interpretation of what constitutes ‘manufacture’ under Section 2(f)(i) of the Act. The recent Supreme Court judgment in M/s Quippo Energy Ltd. v. Commissioner of Central Excise Ahmedabad – II provides crucial clarity on this subject, particularly in the context of modern industrial processes. The concept of ‘manufacture’ under excise law has evolved significantly through judicial interpretation. Traditionally, courts have grappled with…