Author: Claw

Introduction The concept of anticipatory bail has evolved significantly in Indian jurisprudence as a crucial safeguard against arbitrary arrests and harassment. Section 438 of the Criminal Procedure Code empowers courts to grant anticipatory bail, which essentially protects an individual from arrest in case an FIR is filed against them. The legal framework around anticipatory bail has been shaped by numerous landmark judgments that emphasize personal liberty and the presumption of innocence. The recent Supreme Court judgment in Usha Mishra v. State of U.P & Anr. brings to light several critical aspects of anticipatory bail jurisprudence, particularly highlighting how courts should…

Introduction Agricultural tenancy laws in India have historically played a crucial role in protecting the rights of cultivating tenants and ensuring social justice in the agricultural sector. The Tamil Nadu Cultivating Tenants Protection Act, 1955 (Act 1955) stands as a significant piece of legislation that exemplifies the state’s commitment to safeguarding the interests of agricultural tenants. This Act emerged during a period when agricultural tenants faced numerous challenges, including arbitrary evictions and exploitation by landlords. The legal framework surrounding agricultural tenancy in Tamil Nadu has evolved through various legislative interventions and judicial interpretations. The Act 1955 was specifically enacted to…

Introduction The Tamil Nadu Cultivating Tenants Protection Act, 1955 represents a significant legislative intervention in agricultural tenancy relationships, aimed at safeguarding the interests of cultivating tenants against arbitrary eviction. The Act emerged during a period when agricultural tenants faced considerable vulnerability in their relationship with landlords, often subject to unfair eviction and exploitation. This legislative framework reflects the state’s commitment to agrarian reform and social justice. In the recent landmark judgment of Govindappa Gounder v. K. Vijaykumar & Ors., the Supreme Court has provided a comprehensive interpretation of this Act, emphasizing its pro-tenant character. The Court’s interpretation not only reinforces…