Author: Kishan Dutt Kalaskar

Party-in-Person: Self Representation in Indian Courts Introduction In India, every individual has the constitutional right to approach courts for justice. While most people engage advocates to represent them, there are many who choose to fight their own cases without hiring a lawyer. Such individuals are known as party-in-person litigants. This choice may arise out of financial constraints, lack of trust in lawyers, or simply the belief that they can best present their own case. However, appearing as party-in-person is not a simple task. Courts have established procedures to ensure that justice is not compromised. The process varies depending on whether…

Introduction Surrogacy has long been a subject of debate in India, largely due to concerns about the ethical, medical, and social implications it raises. To address these issues and provide a legal framework, the Surrogacy (Regulation) Act, 2021 was introduced by the Indian Parliament. The Act officially came into force on 25th January 2022, replacing the earlier guidelines and unregulated practices. The key objective of the Act is to: Key Provisions of the Surrogacy (Regulation) Act, 2021 1. Definition and Scope The Act defines surrogacy as a practice where a woman carries and delivers a child for an intending couple…

The Bharatiya Sakshya Adhiniyam (BSA), 2023 vs Indian Evidence Act (IEA), 1872 Overview of the Comparison The Bharatiya Sakshya Adhiniyam (BSA), 2023, has replaced the historic Indian Evidence Act (IEA) of 1872, introducing numerous changes to bring evidence law in India in line with technological advancements and contemporary social realities. Understanding the important equivalent sections, their differences, and the legislative intent behind these changes is crucial for legal professionals, students, and anyone interested in Indian law. Below is a comprehensive guide, including a chart, detailed analysis, a sound conclusion, and frequently asked questions. The BSA, 2023, largely restructures and modernizes…

How to Unfreeze Your Bank Account Frozen Under Cybercrime Suspicion Having your bank account frozen under suspicion of cybercrime can be a stressful and financially disruptive experience. Banks and cybercrime authorities take such actions seriously to prevent fraud, money laundering, or other illegal activities. However, if one’s account is frozen due to a misunderstanding or wrongful accusation, there are clear legal and procedural steps to get it unfrozen and restore access. This blog explores how to navigate this sensitive situation effectively. Why Bank Accounts Get Frozen in Cybercrime Cases Bank accounts may be frozen when authorities suspect involvement in cybercrimes…

Introduction In India, the right to legal representation is fundamental, and choosing an advocate is one of the most crucial decisions in any legal matter. However, circumstances sometimes arise where a client feels dissatisfied with their current advocate due to lack of communication, delay in proceedings, differences in opinion, or loss of trust. In such situations, the law permits a client to change their advocate, whether in civil cases, criminal cases, or even before the High Court. This article explains the process of changing an advocate, the legal requirements, and important points to remember before making this decision. Changing an…

Introduction The effect of arbitration proceedings initiated by banks against small borrowers is a multifaceted subject involving legal, financial, and social aspects that directly impact the relationship between lenders and the borrowing public. Arbitration serves as an alternative dispute resolution mechanism that aims to provide a faster, more cost-effective, and private alternative to traditional court litigation. However, when banks invoke arbitration against small borrowers, the consequences are both positive and challenging for borrowers. Understanding Arbitration in Bank-Borrower Disputes Arbitration clauses in loan agreements authorize banks and borrowers to resolve their disputes outside court, through an independent arbitrator or panel. Arbitration…

SPA/GPA Representation in Civil and Criminal Courts Introduction In many situations, a person who is a party to a case cannot personally attend court due to age, health issues, distance, or other difficulties. To overcome this, Indian law allows them to appoint someone else to act on their behalf through a Power of Attorney (PoA). A General Power of Attorney (GPA) gives broad authority to manage legal and financial matters, while a Special Power of Attorney (SPA) is limited to a specific purpose, such as handling one particular case. However, the scope of what a SPA/GPA holder can do in…