Samiksha Manek’s Post

In a critical judgment, the Supreme Court of India in Vijay Laxman Bhawe vs. P & S Nirman Pvt. Ltd. reinforced that "entertaining an application filed by a stranger is totally unsustainable in law." This decision, delivered by Honorable Justice B.R. Gavai, underscores the importance of procedural integrity. This ruling sets a crucial precedent for ensuring that only directly involved parties can influence legal proceedings, thereby maintaining the sanctity of the judicial process. Dive into our detailed analysis to understand the profound impact of this judgment on future litigation in India. https://lnkd.in/gUkCkUMT

Delhi High Court Rules Naga Sadhus Cannot Claim Property Rights, Rejects Plea for Shrine Demarcation [Read Judgment] . . Follow Lawstreet Journal for more legal updates #DelhiHighCourt #NagaSadhus #PropertyRights #ShrineDemarcation #CourtRuling #HinduTraditions #LegalJudgment #India #LawstreetJ . . Click to read full article 👇 https://rb.gy/l0x8ji

In the notable case of Prem Raj v. Poonamma Menon, the Hon'ble Supreme Court of India ('Court') addresses the pivotal issue of whether criminal proceedings can persist in the face of a prior civil court ruling. Our associate Mr. Nitish Solanki explores this complex interaction between civil decrees and criminal prosecutions, highlighting the Court’s decision to quash criminal charges against Prem Raj following a civil decree that declared a disputed cheque as merely a security. This judgment reinforces the principle that civil court findings can preclude criminal actions on the same matters, advocating for legal consistency and respect for civil adjudications in criminal jurisprudence. The author’s analysis emphasizes the need for coherence in legal proceedings and the significance of the standard of proof differences between civil and criminal cases. Please read the full article here: https://lnkd.in/gpn6Ed-2 #MetalegalAdvocates #MetalegalCourtRuling #CivilLaw #CriminalLaw #SupremeCourtIndia #NegotiableInstrumentsAct #LegalInsights

In a recent judgment by the Supreme Court of India, the power of summoning additional accused was revisited. The case involved a detailed analysis of legal principles and precedents, shaping the decision-making process. This summary delves into the key aspects of the case, shedding light on the implications for future legal proceedings. https://lnkd.in/dNR3sM2X

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 ⚖️📜

Discover the 25 essential things every law student must know about the Constitution of India Don't miss out! Tap the link to learn more https://lnkd.in/d6kiT7YZ #ConstitutionOfIndia #LegalKnowledge #LawStudents

In a significant judgement, the Supreme Court of India emphasized that once a court decides an accused is entitled to bail, the implementation of the bail order cannot be delayed. Such delays could violate the fundamental rights guaranteed under Article 21 of the Constitution, which protects the right to life and personal liberty. A timely justice system is crucial for the protection of personal liberties and the integrity of our legal framework. #SupremeCourt #BailRights #Article21 #JusticeForAll

Today's the day! Don't miss out on the insightful discussion about Legal Insights and Strategies to combat Counterfeiting and Smuggling with Mr. PK Malhotra, Former Secretary of Law at the Ministry of Law & Justice, Government of India. Join us today at 7 pm!

'Delhi High Court Orders Return of Seized Items After Finding No Legal Proceedings under PMLA' The Delhi High Court's recent ruling in Mr. Mahender Kumar Khandelwal v. Directorate of Enforcement and Anr. addresses the unconstitutional extended property seizures under the Prevention of Money Laundering Act, 2002 (PMLA). It was decided that retaining seized property beyond 365 days without ongoing proceedings is confiscatory and violates Article 300A of the Constitution. This landmark judgment delineates the scope of s. 8(3) of the PMLA, emphasizing that seized property must be returned if not related to active legal proceedings, thus balancing investigation needs with constitutional property rights. This decision marks a significant step towards protecting individual rights against arbitrary state action. For a detailed understanding, please read the full article authored by our associate Mr. Aditya Gupta: https://lnkd.in/gEntvh3k #MetalegalAdvocates #MetalegalCourtRuling #PMLA #DelhiHighCourt #ConstitutionalRights #PropertySeizure #JudicialInterpretation #Article300A #LegalPrecedent

Flexibility in Legal Timelines: Condonation of Delay for Acquittal Appeals In a landmark decision, the Hon'ble Supreme Court of India in Mohd Abaad Ali v. Directorate of Revenue Prosecution Intelligence has clarified the applicability of s. 5 of the Limitation Act, 1963, to appeals against acquittal under s. 378 of the Code of Criminal Procedure, 1973. Authored by our associate Mr. Aditya Gupta, the judgment underscores that delays in filing such appeals can be condoned, offering prosecutorial authorities a broader scope for seeking justice. This pivotal ruling revisits and distinguishes from past precedents under the older 1908 Act, highlighting a progressive interpretation that aligns with contemporary legal frameworks. It represents a significant step in ensuring that procedural limitations do not hinder the pursuit of justice, especially in cases with substantial public interest. For a detailed analysis and further insights, please read the full article here: https://lnkd.in/gBemFC7q #MetalegalAdvocates #MetalegalCourtRulings #SupremeCourtIndia #LimitationAct #CriminalLaw #AppealRights #LegalAnalysis #TimelineFlexibility