Author: Anvita Dwivedi

In a significant ruling reinforcing consumer protection jurisprudence in India, the District Consumer Disputes Redressal Commission, Kangra at Dharamshala, has directed Tata Motors Limited to either replace a Tata Harrier SUV found to be suffering from inherent manufacturing defects or refund the entire purchase price of ₹21.40 lakh along with interest. The decision is being viewed as an important affirmation of the principle that consumers purchasing premium automobiles cannot be compelled to tolerate recurring defects that compromise safety, reliability, and performance. The complaint was instituted by Dr. Krishan Lal Kapoor, a resident of Palampur, Himachal Pradesh, who had purchased a…

The Calcutta High Court has delivered a significant ruling clarifying the legal status of law firms and the nature of the legal profession, holding that a partnership firm constituted exclusively by advocates cannot be compelled to obtain or produce a trade licence as a precondition for registration under the Indian Partnership Act, 1932. The judgment, rendered by Justice Bivas Pattanayak at the Circuit Bench of the High Court at Jalpaiguri, is likely to have far-reaching implications for legal practitioners seeking to organize their professional practice through partnership structures. The controversy arose when Dr. Arjun Chowdhury, an advocate, sought registration of…

The Supreme Court has stayed the premature release of a life convict in the 1993 Bowbazar blast case, reopening an important debate on the competing principles of reformation, public justice, and the limits of executive clemency in cases involving acts of terrorism. The order came while the Court was hearing a challenge filed by the State of West Bengal against a Delhi High Court judgment directing the release of Md. Rashid Khan, one of the convicts in the blast that remains one of the deadliest terror incidents in Kolkata’s history. The case traces its origins to the devastating explosion that…

In a development that underscores the judiciary’s role in protecting educational rights and preventing administrative arbitrariness, the Supreme Court recently disposed of a petition filed by a Class XII student from Saudi Arabia after the Central Board of Secondary Education (CBSE) formulated a special assessment mechanism for private candidates affected by the cancellation of board examinations in several Gulf countries. The case, though arising from an individual grievance, raised larger questions regarding equality in educational administration, the treatment of overseas students, and the constitutional obligation of public authorities to act fairly and reasonably. The matter originated when Pransu Jigarkumar Patel,…

The recent Public Interest Litigation (PIL) filed by the All India Trinamool Congress (AITC) before the Calcutta High Court alleging targeted attacks, egg-pelting incidents, and acts of public humiliation against its Members of Parliament, Members of Legislative Assembly, and party workers has brought into focus a significant constitutional question: where does political protest end and unlawful intimidation begin? While the immediate controversy concerns a series of incidents involving political leaders in West Bengal, the litigation ultimately raises broader issues relating to democratic participation, political freedoms, public order, and the constitutional obligations of the State to protect individuals irrespective of their…

In a significant judgment at the intersection of insurance law, consumer protection, and vehicle financing, the Supreme Court has held that a financier cannot claim insurance proceeds for a stolen vehicle when the insured owner had voluntarily surrendered possession of the vehicle to the financier before the theft occurred. The ruling clarifies the distinction between ownership, possession, insurable interest, and contractual rights under insurance policies, while simultaneously reinforcing the principle that insurance contracts indemnify insured risks and not every financial loss arising from commercial transactions. The decision is likely to have considerable implications for banks, non-banking financial companies (NBFCs), vehicle…

In a significant development with far-reaching implications for India’s banking and financial recovery ecosystem, the Supreme Court has expressed serious concern over what it described as a possible “deep-rooted nexus” between banks, Asset Reconstruction Companies (ARCs), and defaulting borrowers. The Court’s observations, made while hearing a matter involving the assignment of distressed loans, have reignited a long-standing debate concerning the manner in which non-performing assets (NPAs) are sold by banks and whether such transactions adequately safeguard public money. The remarks are particularly significant because they touch upon an area that lies at the intersection of banking regulation, insolvency law, financial…

In a significant judgment that expands the influence of child protection jurisprudence beyond the confines of criminal law, the Supreme Court has held that the principles embedded in the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) must also inform custody, visitation, and parental access proceedings involving children who are victims of sexual abuse. The ruling marks an important development in Indian child rights jurisprudence by recognizing that the welfare of a child cannot be compartmentalized between different legal forums and that protective safeguards applicable in criminal proceedings must continue to guide family law adjudication where the child’s…

The filing of a Public Interest Litigation before the Lucknow Bench of the Allahabad High Court seeking a Central Bureau of Investigation (CBI) probe into the alleged embezzlement of donations at the Shri Ram Janmabhoomi Mandir has triggered a significant legal debate extending far beyond the immediate allegations. While the controversy presently concerns claims of financial irregularities involving cash, gold, silver, and other offerings made by devotees, the litigation ultimately raises a deeper constitutional question: to what extent can institutions managing large-scale public religious donations remain insulated from judicial scrutiny and standards of financial accountability? The PIL, reportedly filed by…

In a significant judgment reinforcing the protective architecture of consumer law, the Supreme Court has once again clarified that the mere existence of an arbitration clause in an agreement does not oust the jurisdiction of consumer forums. The ruling reaffirms a long-standing principle of Indian jurisprudence that statutory consumer remedies cannot be defeated by private contractual arrangements and that consumers retain the right to seek redress before consumer commissions notwithstanding any arbitration agreement contained in the contract. The decision strengthens the position of consumers within India’s dispute resolution framework and further clarifies the relationship between arbitration law and consumer protection…