Author: Law Files Office

The Calcutta High Court has acquitted a man in a 36-year-old Arms Act case, holding that the prosecution failed to establish a lawful and conscious recovery of arms, particularly after all independent seizure witnesses denied being present during the alleged raid. Allowing the appeal filed by Jogesh Barman alias Doro Barman, Justice Prasenjit Biswas set aside the conviction, observing that the alleged recovery of arms had become “highly doubtful” in the absence of corroborative evidence. The Court ruled that a conviction under the Arms Act cannot be sustained solely on the basis of uncorroborated police testimony, especially when independent witnesses…

The Jammu & Kashmir and Ladakh High Court Monthly Digest for January 2026 brings together a compilation of important judicial decisions delivered during the month. The digest serves as a ready reference for legal professionals, scholars, and the general public, highlighting key developments in constitutional, criminal, administrative, and commercial law. The Nominal Index of reported cases includes: Saleema & Others v. Union Territory of Jammu & Kashmir2026 LiveLaw (JKL) 1 State of Jammu & Kashmir v. Nazir Ahmad Bhat and Others2026 LiveLaw (JKL) 2 State of Jammu & Kashmir v. Ahsan-ul-Haq Khan2026 LiveLaw (JKL) 3 Lt. Col. Daljit Singh Dogra…

❤️ When the State Treats Young Love as a Sexual Crime Modern criminal law faces a difficult but unavoidable question: should consensual adolescent relationships be treated as serious sexual offences?Under rigid age-of-consent frameworks, the answer has often been yes, resulting in the criminalisation of teenage intimacy that is neither exploitative nor abusive. This is where the Romeo–Juliet Clause becomes legally and morally significant. ⚖️ What Is a Romeo–Juliet Clause? A Romeo–Juliet provision is a narrowly tailored statutory exception in sexual offence laws that protects consensual romantic or sexual relationships between adolescents who are close in age from criminal prosecution. Crucially,…

🌍 The Dominant Narrative — And Its Limits Iran’s current turmoil is often narrated as a story of domestic collapse—economic distress, governance deficits, and popular unrest rooted in authoritarian rule. These realities are undeniable and have imposed severe costs on ordinary Iranians.Runaway inflation, unemployment, currency collapse, and violent repression of dissent have produced conditions of chronic social exhaustion. Yet, when this framing is presented in isolation, it obscures a deeper and more unsettling truth. ⚠️ The Missing Dimension: External Structuring of Crisis Iran’s political and economic trajectory has not evolved in a vacuum. For decades, it has been shaped by…

⚖️ A Constitutional Flashpoint The week that has just gone by witnessed an extraordinary constitutional impropriety by the Governors of Tamil Nadu, Kerala, and Karnataka—States governed by parties different from the ruling party at the Union level. By refusing to deliver the Opening Address at the commencement of the legislative session, these constitutional heads openly defied a clear constitutional mandate, almost triggering a constitutional crisis. This conduct is not a matter of political disagreement or personal discretion. It strikes at the very architecture of constitutional governance. 📜 What the Constitution Mandates The Constitution speaks in unambiguous and mandatory terms. Relevant…

In Constitutional Moment: Change With Continuity On 26 January, India commemorates the 76th anniversary of the commencement of its Constitution. Contrary to popular belief, the Constitution did not dismantle and rebuild the State from scratch. Instead, it infused sovereignty and democratic legitimacy into an already existing administrative and judicial framework, inherited largely from the Government of India Act, 1935. Sovereignty was asserted, but continuity was preserved. This philosophy of calibrated transition was most evident in the judicial system, where institutions remained largely intact—with the Supreme Court replacing the Federal Court, rather than displacing the entire structure. ⚖️ India Before an…

⚖️ The Core Question A recent decision of the Madhya Pradesh High Court has revived a long-neglected constitutional and criminal law question: Can the marital rape exception under Section 375 IPC be invoked to shield a husband from prosecution under Section 377 IPC for non-consensual “unnatural” sexual acts? This question sits at the intersection of sexual autonomy, marital privilege, and statutory interpretation. 🧾 The Case at Hand Case: M.Cr.C. No. 54650/2023 Allegations by wife: Rape – Section 376 IPC Unnatural offence – Section 377 IPC Hurt – Section 323 IPC Cruelty – Section 498A IPC The FIR alleged non-consensual sexual…

⚖️ A Judgment Marked by Apparent Contradiction The Supreme Court’s decision in Jindal Equipment Leasing Consultancy Services Ltd. v. Commissioner of Income Tax (2026) LiveLaw (SC) 37 arrives with a seeming paradox: It expands the scope of business-income taxation Yet simultaneously tightens the evidentiary burden on the Revenue This dual movement — expansion coupled with restraint — defines the judgment. 🧾 Widening the Tax Net The Court clarifies that: Gains arising from amalgamations cannot automatically be shielded as capital receipts Transactions dressed as restructurings may still qualify as business income, depending on substance Emphasis placed on: Commercial intent Nature of…

🎓 Crisis in Contemporary Legal Education Legal education today, especially in private law colleges, is drifting away from its foundational purpose Increasing commercialisation of academia Strong influence of: Corporate houses Market-driven metrics Result: Law graduates are almost exclusively oriented towards corporate roles Corporate law is legitimate—but its disproportionate dominance has come at a heavy cost. ⚠️ The Cost of Corporate-First Orientation Erosion of: Litigation skills Professional confidence Public-service orientation of the profession Weakens: Individual lawyers The legal system itself Law is reduced from a profession of justice to a market commodity ⚖️ Litigation: The Heart of the Legal Profession Litigation…

🚨 Background of the Incident After a large-scale military strike in Venezuela, US troops captured the Venezuelan President and his wife The US accused them of running a “narco-terrorist organisation” The action was unilateral, unprovoked, and unprecedented Unlike the Panama invasion, there was no prior attack on US personnel This amounts to a clear violation of international law and state sovereignty 🌍 Violation of International Law & UN Charter Key UN Charter Provisions Violated Article 1(1): Maintenance of international peace and security Article 2(1): Sovereign equality of States Article 2(4): Prohibition on use of force against territorial integrity or political…