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Article by Abhishek Jat, Advocate   The Supreme Court of India, on April 28, 2025, granted interim relief to Mr. Kamal Nayan Choudhary, the President of the Gauhati High Court Bar Association, by staying the contempt proceedings initiated against him by the Gauhati High Court. The contempt action arose from allegations made by the Advocate General of Assam, accusing certain lawyers, including senior advocates Anil Kumar Bhattacharyya and Pallavi Talukdar, of criminal contempt for making disparaging remarks against a sitting judge and the institution of the High Court during protests against the proposed relocation of the court to Rangmahal in North Guwahati. The Supreme Court bench, comprising Justices Vikram Nath and Sandeep Mehta, allowed the contempt proceedings against the two advocates to continue but kept the proceedings against the Bar Association President in abeyance. Senior Advocate Kapil Sibal, representing Mr. Choudhary, emphasized that the President was not present wh...

By Abhishek Jat, Advocate The Supreme Court of India, in its recent decision in Shahjahan vs State of Uttar Pradesh , has provided critical clarity on the legal standing of religious adjudicatory forums such as the 'Court of Kazi', 'Darul Kaja', and 'Sharia Court' within the Indian legal system. The judgment reaffirms that these bodies, regardless of their designation, do not possess any statutory authority under Indian law, and their pronouncements or directions are not legally binding or enforceable. Case Overview The dispute arose when the appellant-wife, married to the respondent-husband under Islamic customs, sought maintenance for herself and her children under Section 125 of the Code of Criminal Procedure (CrPC). The Family Court, and subsequently the High Court, denied her claim for maintenance, primarily relying on a compromise deed executed before a 'Court of Kazi' and making adverse findings on her conduct. The courts also awarded only a mo...

 By Abhishek Jat, Advocate Background and Case Overview On April 25, 2025, the Supreme Court of India delivered a pointed admonition to Rahul Gandhi, Leader of Opposition in the Lok Sabha, in connection with his contentious remarks regarding Vinayak Damodar Savarkar, a prominent figure in India's freedom movement. The apex court, while granting a stay on ongoing criminal defamation proceedings against Gandhi initiated in a Lucknow court, underscored the imperative of exercising restraint and responsibility when commenting on national icons and freedom fighters. The controversy originated from statements made by Gandhi during the Bharat Jodo Yatra in Maharashtra's Akola district on November 17, 2022. Gandhi allegedly characterized Savarkar as a "servant of the British" and alluded to him receiving a pension from colonial authorities. These remarks prompted a criminal complaint by Advocate Nripendra Pandey, who asserted that Gandhi's statements were calculated...

By Abhishek Jat,Advocate The legal fraternity in Kerala has witnessed a transformative moment as the Pala Bar Association elected an all-women executive committee, marking a significant milestone in the pursuit of gender parity within the profession. This development is particularly noteworthy given the ongoing national discourse on enhancing female representation in bar associations and the judiciary at large. Context: Legal Mandates and Gender Representation Recent years have seen the Supreme Court of India actively address the issue of gender imbalance in legal bodies. In a landmark directive, the Court mandated that a minimum of one-third of positions in the Supreme Court Bar Association be reserved for women. This policy was subsequently extended to other prominent legal associations, including those at the Delhi High Court and Karnataka. The Pala Bar Association's decision to elect a panel comprised entirely of women not only meets but exceeds these statutory requirem...

  अभिषेक जाट, अधिवक्ता प्रस्तावना विधिक प्रक्रिया में गिरफ्तारी एक अत्यंत महत्वपूर्ण चरण है जिसमें नागरिक अधिकारों का संरक्षण सर्वोपरि है। संविधान और दंड प्रक्रिया संहिता द्वारा प्रदत्त अधिकारों की सम्यक जानकारी प्रत्येक नागरिक के लिए अनिवार्य है। प्रस्तुत लेख इन अधिकारों का विस्तृत विश्लेषण प्रस्तुत करता है। गिरफ्तारी के समय विधिक प्रावधान कार्यवाही में सहयोग एवं आत्मसंयम न्यायिक प्रक्रिया के अनुपालन हेतु अधिकारी के प्रति संयमित व्यवहार अत्यावश्यक है। गिरफ्तारी का प्रतिरोध अतिरिक्त आपराधिक दायित्व उत्पन्न कर सकता है, अतः शांतिपूर्ण सहयोग सर्वथा उचित है। अभियोग की अधिसूचना विधिक प्रावधानों के अंतर्गत (BNSS की धारा 48(1)) गिरफ्तारी प्राधिकारी का यह परम कर्तव्य है कि वह अभियुक्त को गिरफ्तारी के संपूर्ण कारणों से अवगत कराए। अजमानतीय अपराधों हेतु लिखित आधार अजमानतीय अपराधों में गिरफ्तारी के समय अधिकारी द्वारा लिखित में गिरफ्तारी के आधार का प्रस्तुतीकरण अनिवार्य है, जिससे अभियुक्त को अपने बचाव की तैयारी का अवसर प्राप्त हो सके। विधिक अधिकारों का क्रियान्वयन संबंधित व्यक्तियो...

By Abhishek Jat, Advocate The legislative framework governing dishonoured cheques has undergone substantial transformation, addressing longstanding procedural inefficiencies that plagued the adjudication process. These amendments to the Negotiable Instruments Act represent a paradigm shift in how cheque bounce cases are processed through the judicial system, with significant implications for both complainants and defendants. The revised provisions introduce several procedural innovations designed to expedite case resolution. Perhaps most notably, cheque dishonour cases now proceed through summary trials rather than regular criminal proceedings, substantially reducing the time required for adjudication. The legislative mandate stipulates disposal within six months from filing, a marked improvement from the previous three-to-five-year timeframe that contributed to judicial backlogs. A cornerstone of the amended legislation is the provision for interim compensation. Section 143A now re...

  The Family Courts System in India: Evolution, Jurisdiction and Procedural Framework By Abhishek Jat, Advocate Historical Context and Legislative Genesis Prior to 1984, matrimonial and family disputes in India were adjudicated within the conventional civil court framework, resulting in protracted litigation and substantial backlog. The judicial infrastructure was inadequately equipped to address the distinct nature of familial disputes, which often necessitate specialized attention and expeditious resolution. This deficiency was formally acknowledged by the Law Commission of India in its 59th Report (1974), which emphasized the imperative to differentiate family litigation from standard civil proceedings. The Commission advocated for reformative measures aimed at facilitating amicable settlement of interfamilial disputes through alternative dispute resolution mechanisms. In response to these recommendations and recognizing the socio-legal significance of family institutions, ...

Advocates as Officers of the Court: Supreme Court Upholds Judicial Sanctity in N. Eswaranathan v. State By Abhishek Jat,Advocate Introduction The Supreme Court of India, in  N. Eswaranathan v. State Represented by the Deputy Superintendent of Police , delivered a stern judgment reinforcing the ethical obligations of advocates as officers of the court. The case highlights the judiciary’s intolerance towards professional misconduct, particularly when it obstructs the administration of justice. While Justice Bela M. Trivedi imposed strict penalties, Justice Satish Chandra Sharma advocated a more lenient approach, emphasizing forgiveness. This divergence underscores the delicate balance between accountability and compassion in judicial proceedings. Factual Matrix The petitioner, N. Eswaranathan, was convicted under various provisions of the IPC and the SC/ST (Prevention of Atrocities) Act, 1989, and his appeal was dismissed by the High Court. He initially filed a Special Leav...

  Medical Negligence: Supreme Court's Landmark Ruling on Hospital Liability By Abhishek Jat, Advocate The Supreme Court of India recently delivered a significant judgment concerning vicarious liability of hospitals in cases of medical negligence. In a noteworthy decision in The Managing Director, Kamineni Hospitals v. Peddi Narayana Swami & Anr. (Civil Appeal arising from SLP (Civil) No. 2948-2949 of 2023), the apex court upheld the finding of liability against the hospital while modifying the compensation amount awarded to the aggrieved family. Case Background The litigation stemmed from a tragic incident involving a 27-year-old B.Tech graduate who lost his life allegedly due to medical negligence at Kamineni Hospitals. The deceased's father filed a consumer complaint, leading to proceedings before the Andhra Pradesh State Consumer Disputes Redressal Commission (APSCDRC) and subsequently, the National Consumer Disputes Redressal Commission (NCDRC). The NCDRC had impos...

  By Abhishek Jat, Advocate The Delhi High Court has expressed profound concern over remarks made by a prominent yoga guru that characterized a competitor's traditional beverage product in communal terms. Justice Amit Bansal, while hearing a commercial suit filed by a well-established manufacturer, remarked that such statements "shock the conscience of the Court" and are "indefensible." This judicial observation came during proceedings addressing allegations of inappropriate marketing communications that went beyond typical competitive disparagement. The controversy emerged when the yoga guru, while promoting his company's rose flavored beverage, alleged that proceeds from the plaintiff's product were being diverted to religious institutions, terming it "Sharbat Jihad." The plaintiff company promptly approached the court seeking removal of videos containing these statements from social media platforms. Senior Advocate Mukul Rohatgi, represent...

  By Abhishek Jat, Advocate Introduction The digital revolution has necessitated a robust legal framework to address emerging challenges in cyberspace. India's Information Technology Act, 2000 (IT Act) has evolved significantly through judicial interpretation. This article examines seminal judgments that have shaped the contours of cyber law jurisprudence in India, focusing on intermediary liability, cybercrime prosecution, digital evidence standards, and constitutional challenges. I. Intermediary Regulation and Digital Content Governance Website Blocking and Proportionality In Department of Electronics and Information Technology v. Star India Pvt. Ltd. (2016), the Delhi High Court established a significant precedent regarding website blocking. The court determined that when a website predominantly hosts infringing content, blocking it in its entirety is justified rather than implementing selective URL blocking. This judgment marked a crucial shift in the regulatory approach...

The Caveat Mechanism: A Preemptive Legal Safeguard in Maharashtra's Judicial Framework By Abhishek Jat, Advocate In the realm of civil litigation within Maharashtra's judicial system, the caveat petition stands as a critical preemptive legal instrument. This procedural mechanism, enshrined under Section 148A of the Civil Procedure Code (CPC), 1908, functions as a judicial forewarning system, ensuring procedural fairness and preventing ex-parte orders against the caveator. Legal Foundation and Purpose The caveat petition emerges from the cardinal principle of audi alteram partem (hear the other side), a cornerstone of natural justice. Its primary function is to notify the judicial authority that the caveator anticipates litigation and requests judicial restraint against passing orders without providing an opportunity for representation. This procedural safeguard is particularly vital in civil and property disputes where ex-parte injunctions could otherwise create irreparable...

  By Abhishek Jat, Advocate In a significant ruling that clarifies the principles of contract interpretation, the Supreme Court of India has delivered a comprehensive judgment in Annaya Kocha Shetty (Dead) Through LRs v. Laxmibai Narayan Satose Since Deceased Through LRs & Others (Civil Appeal No. 84 of 2019). The judgment, authored by Justice S.V.N. Bhatti, establishes a hierarchical framework for interpreting contractual agreements and elucidates the application of Sections 91 and 92 of the Indian Evidence Act, 1872. The Supreme Court has articulated a three-tiered approach to contractual interpretation. The primary approach involves interpreting contracts in their "plain, ordinary and literal meaning," serving as the foundational principle for judicial interpretation of contractual terms. When literal interpretation creates absurdity, courts may deviate from strict literal meanings under the "golden rule of construction," which permits reasonable modificat...