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Showing posts with the label Abhishek Jat Advocate

Supreme Court Clarifies No Offence of Cheating Where Forged Document Did Not Induce Material Benefit

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Supreme Court Clarifies No Offence of Cheating Where Forged Document Did Not Induce Material Benefit The legal Bandhu 48.3K followers September 12, 2025 Authored by ABHISHEK J. The Supreme Court of India recently delivered a significant ruling in the criminal appeal of Jupally Lakshmikantha Reddy v. State of Andhra Pradesh & Anr. (2025 LiveLaw SC 893), elucidating the foundational principles for the offence of cheating under Section 420 of the Indian Penal Code (IPC). This judgment has substantial implications for litigants and legal practitioners engaged with white-collar offences involving forged documents. Background of the Case The appellant, representing JVRR Education Society, operated an educational institution from a building with a height of 14.20 metres. Allegations arose that the appellant submitted a forged Fire Department No-Objection Certificate (NOC) to the Education Department in Kurnool to secure affiliation and recognition for the college. The complaint origin...

Understanding Salmond's Definition of Tort: A Cornerstone of Civil Wrong Law

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Understanding Salmond's Definition of Tort: A Cornerstone of Civil Wrong Law  Author: Abhishek Jat, Advocate The Law of Torts forms a vital part of the legal system by addressing civil wrongs and providing remedies to those injured by the wrongful acts of others. One of the most influential definitions in the realm of tort law was formulated by Sir John William Salmond, a distinguished legal scholar whose work continues to shape our understanding of tort law today.  What is a Tort?  Salmond's perspective Salmond defined tort as:  " A civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of contract, or the breach of trust or other merely equitable obligations."  The definitions carries several important implications:   Civil wrong: A tort is a wrong against an individual or entity for which the injured party can seek remedy through civil law, as the opposed to criminal law which deals...

Rajasthan Judicial Services (RJS) 2025 Admit Card Released – Download Now!

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🚨 RJS 2025 Admit Cards ARE OUT! Your Path to Becoming a Civil Judge Starts Now! 🧑‍⚖️ Posted on: July 10, 2025 By: Advocate Abhishek Jat | The Legal Bandhu The moment you've been waiting for is here! The Rajasthan High Court, Jodhpur, has officially released the Admit Cards for the Rajasthan Judicial Services (RJS) 2025 Preliminary Examination. This is a monumental step for every aspiring Civil Judge who applied for this prestigious recruitment drive. If you're among the provisionally eligible candidates, it's time to gear up! Here’s your complete guide to downloading your admit card and what you need to know for the upcoming exam. Key Details at a Glance 🗓️ Official Notification No.: RHC/Exam Cell/RJS/CJC/2025/2591 Date of Issue: July 09, 2025 Exam Date: Sunday, July 27, 2025 Exam Time: 10:00 AM to 12:00 Noon How to Download Your RJS 2025 Admit Card 💻 Your admit card is your golden ticket to the examination hall, and it's available exclusively online. No physica...

Magistrate Directs FIR and Investigation in Alleged Custodial Death

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Authored by Abhishek Jat, Advocate The recent order issued by Chief Judicial Magistrate Vasundhara Chhaunkar of Rohini Courts in Setara Bibi vs. Unknown Persons (Ct. Case 1933/2024) marks a pivotal judicial intervention in a case involving the alleged custodial death of Sheikh Shadat at Subhash Place Police Station, Delhi. The proceedings were initiated on an application under Section 156(3) of the Code of Criminal Procedure by Setara Bibi, the widow of the deceased, after more than seven months had elapsed without the registration of a First Information Report (FIR) regarding her husband's death in police custody. The factual matrix reveals that on July 21, 2023, Sheikh Shadat, accompanied by four others, was intercepted by police officers at Netaji Subhash Place. The group was detained and taken to Subhash Place Police Station under circumstances that the complainant described as arbitrary and aggressive. Family members, upon visiting the station, reported that all detainees, inc...

Empowering Legal Awareness: An In-Depth Analysis of the Five Constitutional Writs in India

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  By Abhishek Jat, Advocate Introduction The writ jurisdiction under the Indian Constitution is a cornerstone of judicial review and the protection of fundamental rights. Articles 32 and 226 empower the Supreme Court and High Courts, respectively, to issue writs for safeguarding constitutional and legal rights. Article 139 also authorizes the Supreme Court to issue writs in specific cases as provided by parliamentary legislation. This article provides a detailed legal analysis of the five writs – Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto – supported by authoritative judicial precedents and statutory interpretation. 1. Habeas Corpus Legal Principle: Habeas Corpus, meaning "you may have the body," is the most potent safeguard of personal liberty, compelling authorities to produce a detained individual before the court and justify the legality of the detention. Key Judicial Precedents: The Supreme Court has clarified that Habeas Corpus acts as a procedur...

Subsequent Purchaser as Proper Party in Specific Performance Suits: Supreme Court’s Perspective

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  By Abhishek Jat, Advocate Background The Supreme Court, in the matter of  M/S J N Real Estate v. Shailendra Pradhan & Ors.  (Civil Appeal Nos. 5405-5406 of 2025), addressed the question of whether a subsequent purchaser of property should be added as a party to a suit for specific performance, even though such a purchaser may not be strictly necessary for the suit’s outcome. Factual Matrix The dispute revolved around agricultural land originally owned by Indramohan Pradhan. Conflicting claims arose due to two separate wills and multiple agreements to sell, resulting in three parties asserting title over the same property: The appellant (original defendant no. 8), claiming ownership through a registered sale deed executed by a beneficiary under one will. The original plaintiff, who had entered into an agreement to purchase the property from the testator’s sons, beneficiaries under another will. The original defendant no. 4, w...