Legal Blogs

Written By: Advocate Anik

Posted On: 28 December, 2024

The Surrogacy (Regulation) Act, 2021, regulates ethical surrogacy in India, ensuring the rights of surrogate mothers and children while prohibiting commercial surrogacy. It mandates strict eligibility, medical, and legal protocols, along with health insurance for surrogates, to prevent exploitation and promote a fair, regulated framework for surrogacy.

Written By: Ayantika Mondal

Posted On: 28 December, 2024

The Madras High Court has taken a significant step by directing authorities to respond to a petition for gender-affirmative care protocols for transgender persons, aligning with WPATH standards. Filed by Fred Rogers, the case highlights unethical practices in Tamil Nadu clinics, constitutional rights violations, and the need for inclusive, dignified healthcare. This move is a milestone toward equitable medical treatment and reducing discrimination against transgender individuals.

Written By: OLQ

Posted On: 26 December, 2024

The removal of a foreign entity from a country for violating immigration laws or committing certain crimes. When a person faces deportation due to charges of assault and battery (A&B), the legal implication can be complex and daunting.

Written By: Advocate Anik

Posted On: 24 December, 2024

The Supreme Court ruled that compromise decrees affirming pre-existing property rights do not require registration under the Registration Act, 1908, or stamp duty under the Indian Stamp Act, 1899. This judgment, overturning the Madhya Pradesh High Court's decision, simplifies property disputes, protects citizens from undue financial burdens, and reinforces the role of Lok Adalats in promoting amicable resolutions.

Written By: Ayantika Mondal

Posted On: 24 December, 2024

The Supreme Court ruled that a director cannot be held liable under Section 138 of the Negotiable Instruments Act unless the company, as the principal offender, is also prosecuted. This judgment reinforces fairness in corporate liability and protects directors from unwarranted prosecution.

Written By: Ayantika Mondal

Posted On: 21 December, 2024

The Supreme Court upheld the principle of double jeopardy, stating that reinvestigation should be allowed only in rare cases with magistrate approval. It emphasized retrial as the appropriate course under Section 386(b) CrPC, ensuring the accused is not tried twice for the same offence.

Written By: Advocate Anik

Posted On: 21 December, 2024

The Supreme Court held that reinvestigation under Section 173(8) CrPC is permissible only in rare cases with magistrate approval, while retrial under Section 386(b) CrPC is the preferred approach. It emphasized that transferring cases to the CBI should be limited to special circumstances due to resource constraints and upheld the principle of double jeopardy under Article 20(2) of the Constitution, ensuring a person is not tried twice for the same offence.

Written By: OLQ

Posted On: 21 December, 2024

The part of the observation related to “REGARDING IMMIGRATION LAW”, it is a complex and often confusing, with many individuals seeking clarity on various aspects of the process. Whether these are to move to a new country or bringing family members, or comprehending crucial rights and responsibilities etc. Understanding this is really crucial to cope up with the modernization..

Written By: Advocate Anik

Posted On: 20 December, 2024

The Supreme Court ruled that long-term occupancy cannot legalize unauthorized constructions, emphasizing adherence to zoning laws, building codes, and urban planning regulations. It upheld the demolition of illegal commercial structures on residential property, reinforcing accountability for municipal bodies and rejecting ad hoc regularizations that undermine the rule of law.

Written By: Ayantika Mondal

Posted On: 20 December, 2024

The Supreme Court ruled that procedural delays cannot override constitutional property rights, emphasizing the need for timely compensation and adherence to statutory requirements in land

Written By: OLQ

Posted On: 19 December, 2024

The observation related to “REGARDING CONSUMER PROTECTION”, are in existence to promote and safeguard every age groups, and also create a respectful environment for all and..

Written By: Advocate Anik

Posted On: 19 December, 2024

The case addressed whether a retired IGP was entitled to DGP pension benefits after the post was upgraded in 1982. The appellant argued that had he not retired prematurely in 1980, he would have been appointed as DGP, and thus should receive the upgraded benefits. The court ruled in his favor, stating that he was entitled to the DGP benefits, recognizing the fairness of granting such benefits to those eligible at the time of service, even after retirement.