Author: Anvita Dwivedi

In a significant ruling reinforcing the distinction between civil disputes and criminal liability, the Supreme Court of India has held that a bona fide purchaser of property cannot be prosecuted for offences such as cheating or forgery merely because the property is later found to be linked to a forged Will. The judgment, delivered in S. Anand v. State of Tamil Nadu, marks an important clarification in property and criminal jurisprudence, particularly in cases involving defective title traced to historical documents. The case arose from a long-standing family dispute in Tamil Nadu, where a Will allegedly executed in 1988 was…

In a significant development in Indian arbitration jurisprudence, the Supreme Court has clarified that even an unsuccessful party in arbitral proceedings can invoke Section 9 of the Arbitration and Conciliation Act, 1996 at the post-award stage. The ruling settles a long-standing conflict among High Courts and expands the interpretative scope of interim relief within the arbitration framework. The decision was rendered by a Bench comprising Justices Manoj Misra and Manmohan in a batch of appeals led by Home Care Retail Marts Pvt. Ltd. v. Haresh N. Sanghavi. The core issue before the Court was whether a party that had failed…

In a tense moment during the ongoing Sabarimala reference hearing, the Supreme Court rebuked a lawyer appearing before the nine-judge Constitution Bench, cautioning him not to argue in a manner that appeared to trivialize or overstate constitutional propositions. The exchange took place in proceedings where the Court is reconsidering some of the most foundational questions in Indian religious freedom jurisprudence, including the Essential Religious Practices test, denominational rights, judicial review over religious customs, and the scope of State-led social reform. The Sabarimala reference is not confined to the question of entry of women into the Sabarimala temple. It has evolved…

The Supreme Court has once again entered the difficult legal terrain of relationships, consent and criminal liability, while hearing a case involving allegations of sexual assault on the ground of a false promise of marriage. The Court questioned how such a charge could be sustained in a long-term live-in relationship where the parties had lived together and had a child, asking why the complainant had chosen to live with the accused before marriage. The matter arose from allegations that the accused had exploited the complainant, a young widow, by promising marriage and entering into a physical relationship with her. Counsel…

In a development that adds a new dimension to the already contentious Delhi excise policy litigation, Arvind Kejriwal has formally refused to participate in further proceedings before the Delhi High Court in the matter pending before Justice Swarana Kanta Sharma. The decision, communicated through a letter to the Court, marks an unusual moment in Indian legal practice where a litigant consciously withdraws from the adjudicatory process while the proceedings remain active. Kejriwal’s refusal follows the dismissal of his recusal plea, in which he had sought the judge’s withdrawal on grounds of alleged bias. After the Court rejected these allegations, holding…

In a striking case that underscores both the fragility of evidence handling and the complexities of corruption prosecutions, the Supreme Court of India granted bail to a woman convicted under the Prevention of Corruption Act, 1988, while expressing serious concern over an unusual factual claim recorded by the High Court that seized bribe money in the case had allegedly been destroyed by rodents. The matter came before a Bench comprising Justices J.B. Pardiwala and K.V. Viswanathan, which suspended the sentence of the convicted woman pending appeal. While granting relief, the Court did not merely focus on the individual circumstances of…

In a significant yet potentially far-reaching ruling, the Supreme Court of India has held that lands classified as “service inam” attached to mosques constitute Wakf property and are therefore inalienable. While the judgment reaffirms established principles of endowment law, it also revives deeper concerns around historical classification of land, evidentiary standards, and long-term implications for property certainty. The case arose from a dispute over land in Andhra Pradesh, where the core issue was whether the property was privately held or dedicated as a service inam for religious purposes. The Court ultimately concluded that the land bore the character of a…

In a constitutionally sensitive proceeding that sits at the intersection of federalism, investigative autonomy, and judicial review, the Supreme Court of India has been examining a plea filed by the Enforcement Directorate (ED) alleging obstruction of its investigation by the State of West Bengal. During the hearing, the ED made a crucial clarification: it is not asserting a breakdown of constitutional machinery in the State, but rather pointing to a serious breach of the rule of law. The distinction, though seemingly technical, carries profound constitutional consequences. A “breakdown of constitutional machinery” under Article 356 is the threshold for imposing President’s…

In a development that raises serious questions about the sanctity of court proceedings in the digital age, the Delhi High Court has taken cognisance of a Public Interest Litigation seeking contempt action against Arvind Kejriwal and others for allegedly recording and circulating videos of an in-camera judicial proceeding. The case has triggered a broader legal debate on the limits of transparency, the legality of recording court proceedings, and the potential misuse of digital platforms in high-profile litigation. The PIL, filed by an advocate, alleges that videos of proceedings before Justice Swarana Kanta Sharma particularly relating to the recusal plea in…

In a significant ruling clarifying the contours of writ jurisdiction in contractual and public procurement matters, the Delhi High Court has held that the existence of subsisting contracts does not bar the State from initiating a fresh tender process for a future period. The Court further emphasised that writ courts cannot be invoked on the basis of anticipatory or hypothetical grievances, reinforcing the threshold requirement of an actual and demonstrable infringement of legal rights. The decision was rendered by a Division Bench comprising Justices Anil Kshetarpal and Amit Mahajan while dismissing petitions filed by existing empanelled chemists under the Central…