Nikunj Dugar’s Post

Supreme Court emphasizes the urgent handling of bail pleas, highlighting the fundamental right to liberty under Article 21 of the Constitution. The court addresses delays in the Bombay High Court, urging expeditious decisions on bail and anticipatory bail applications to prevent infringement of constitutional rights. To read full article, click link below 👇 https://rb.gy/pblh5p . . Lawstreet Journal #lsjjudiciary #lawstreetj #SupremeCourt #BailPleas #ConstitutionalRights #Article21 #LegalUpdate #BombayHighCourt #JudicialEfficiency #BailApplications #ExpeditiousDecisions #LegalRights #ConstitutionalValues #JudicialResponsibility #LegalReforms #CourtDirective #LegalJustice #Article21Rights #LegalProceedings #JusticeSystem #LegalMatters #IndianJudiciary #FundamentalRights #JudicialUrgency #LegalInsights #india #legalnews

🚨 Legal Alert: Bombay High Court Declares Arrest Illegal Due to Failure to Communicate Grounds of Arrest In a significant judgment, the Bombay High Court has declared an arrest illegal due to non-communication of the grounds of arrest to the accused, highlighting a breach of constitutional and procedural mandates. 🔹 Case Background: The petitioner, arrested on 01-11-2023 in connection with an FIR related to a tragic incident involving multiple IPC offenses, argued that his arrest violated Article 22(1) of the Constitution and Section 50 of the CrPC, as the reasons were not conveyed to him directly. 🔹 Key Findings: Violation of Rights: The Court emphasized that under Section 50 of the CrPC, full details of the offense must be immediately communicated to the arrested individual. Communication Gaps: The arrest panchnama revealed that only the accused's wife was informed via phone, not the accused himself, failing the legal requirement. Landmark References: The judgment cited Prabir Purkayastha v. State (NCT of Delhi), reaffirming the difference between "reasons for arrest" and "grounds of arrest." 🔹 Outcome: The Division Bench ruled the arrest as unlawful and declared the remand orders null and void. The petitioner was ordered to be released on bail. This ruling reinforces the importance of adhering to constitutional safeguards during arrest procedures. #LegalUpdate #FundamentalRights #CriminalLaw #ConstitutionalLaw

Legal Notes by Arvind Datar: The theory of the second actor Why it is necessary to apply the theory of the second actor to our constitutional law as well. Writer: Arvind P Datar is a Senior Advocate practicing before the Supreme Court of India. Read the legal note here: https://lnkd.in/dUHrDwfT #ArvindDatar #LegalNotesbyArvindDatar #TheoryofSecondActor #BarandBench #Columns

The Supreme Court has underscored a “worrying trend”, in which consensual relationships going on for prolonged periods, upon turning sour have been sought to be criminalised by invoking criminal jurisprudence. A bench of Justices B V Nagarathna and N Kotiswar Singh quashed a 2017 FIR lodged against a man for alleged offences of rape and cheating, after noting that the relationship continued for nine long years in the case. To read full article click link below 👇 https://lnkd.in/gPjUbeq9 . . Lawstreet Journal #lsjjudiciary #lawstreetj #SupremeCourt #ConsensualRelationships #LegalJudgment #CriminalLaw #JusticeSystem #JudicialReview #IndianLaw #HumanRights #SCJudgment #LegalNews #india

In a significant decision, the Supreme Court of India clarified the doctrine of legitimate expectation, emphasizing that it cannot be extended to private contractual disputes. The Court highlighted that legitimate expectation must be based on a legal right or consistent practice by a public authority, not mere hope or anticipation. This ruling affirms that private entities are not bound by the same public law doctrines as governmental bodies, and disputes must be resolved based on the established legal framework. #supremecourt #legitimateexpectation #publiclaw #contractlaw #employmentlaw #legaldoctrine #legalprinciples #judgment #lawupdates #legalnews #indiancourts #privatevspublic #lawandjustice ⚖️📜

The Supreme Court has deprecated the practice of filing a special leave petition without a certified copy of the High Court’s order or filing of such pleas with a downloaded copy of the impugned order, contrary to the rules. A bench of Justices Dipankar Datta and Prashant Kumar Mishra made it mandatory from August 20, 2024 for all the litigants who proposed to file special leave petitions on civil and criminal side without the certified copy of the High Court’s judgment or order, to give an acknowledgement that they had applied for such copies and make an undertaking to place such judgment on record in future. To read full article, click link below 👇 https://rb.gy/zj4moh . . Lawstreet Journal #lsjjudiciary #lawstreetj #SupremeCourt #SpecialLeavePetition #CertifiedCopy #HighCourtOrder #LegalProcedure #JusticeDipankarDatta #JusticePrashantKumarMishra #CourtRules #LegalUpdate #JudicialReform #india #legalnews

The Right to a Speedy Trial in India Did you know that the right to a speedy trial is an essential part of the fundamental right to life and liberty guaranteed by Article 21 of the Indian Constitution? Why this is important ? →Anyone accused of a crime shouldn't wait forever for their trial. →This helps them clear their name or face punishment quicker. →It applies at all stages of the criminal justice process, including investigation, trial, appeal, and retrial. How does the court decide if your right is violated ? →The Supreme Court has laid down a balancing test to determine if the right has been violated. →This test considers factors like the length of the delay, the reasons for the delay, and any prejudice caused to the accused. →While there is no set time limit for a speedy trial, unreasonable delays can lead to the quashing of charges or dismissal of the case. Benefits of such laws- →Protects individuals from the anxiety and stress of prolonged legal proceedings. →Promotes public confidence in the justice system. →It safeguards the accused's ability to defend themselves effectively. Knowing such laws will help you to increase awareness and guide you in any such situations! #law #awareness #tips #IndianLaw #IndianConstitution #rights

"Recent instances of #LowerCourts and #Tribunals outright ignoring the orders of the Supreme Court point to a worrying breakdown of judicial discipline across the country." Read Alok Prasanna's thoughts on the "Supreme Court’s loss of moral authority and credibility over the last few years" and what it will take to reverse this trend in the article below ⤵ 💡 https://bit.ly/3B4vT5R Navami Krishnamurthy, research fellow at the Vidhi Centre for Legal Policy, provided #research inputs for this column.

Litigants cannot throw the entire blame upon the advocate's head to seek relief! While advocates are duty-bound to fiercely and fearlessly protect the interests of their clients, they cannot be held liable for all things that go wrong. The Supreme Court recently upheld the decision of the High Court of Bombay setting aside the order of the Joint Civil Judge condoning delay of 4.5 years in filing the Written Statement in a Civil Suit and expressed worry on the growing trend of litigants blaming the advocates. The court observed that even if it is assumed that the concerned advocate was careless or negligent, the Defendant cannot seek relief by shifting the entire blame on the advocate as he is expected to be vigilant of his rights. The judgment reinforces the maxim which states that law does not help those who sleep over their rights and strikes a balance between the Duty of an advocate toward their client and the duty of the litigants themselves. Case Details- Title: Nitin Mahadeo Jawale vs. Bhaskar Mahadeo Mutke Neutral Citation: 2024 INSC 902 #duty #vigilance #ruleoflaw #latestjudgments

The Supreme Court on Monday rebuked the leader over his controversial “eradicate Sanatana Dharma” remark saying that he should have been careful with his statements as being a minister, he should be aware of the consequences of such statements. “You abuse your right under Article 19(1)(a) (of the Constitution). You abuse your right under Article 25. Now you are exercising your right under Article 32 (to file plea in the Supreme Court)? Do you not know the consequences of what you said? You are not a layman. You are a minister. You should know the consequences,” a bench of justices Sanjiv Khanna and Dipankar Datta said. To read full article, click link below 👇 https://rb.gy/qj0htu . . Lawstreet Journal #lsjjudiciary #lawstreetj #SupremeCourtRebuke #ConstitutionalRights #Article19 #Article25 #Article32 #MinisterialResponsibility #FreedomOfSpeech #LegalConsequences #JudicialWarning #ControversialRemarks #LegalAlert #ConstitutionalEthics #LegalRights #MinisterialAccountability #LegalMatters #UrgentLegalUpdate #india #legalnews