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  Judicial Recognition of Transwomen in Matrimonial Offences: A Landmark Interpretation of Section 498-A IPC By Advocate Abhishek Jat In a groundbreaking judgment that furthers the jurisprudential recognition of transgender rights in India, the Hon’ble High Court of Andhra Pradesh, in Viswanathan Krishna Murthy & Ors. v. State of Andhra Pradesh & Anr. (Criminal Petition Nos. 6783, 7064, and 6830 of 2022), delivered on 16 June 2025 by Dr. Justice Venkata Jyothirmai Pratapa, addressed the novel issue of whether a transwoman, who is in a heterosexual marriage, can seek protection under Section 498-A of the Indian Penal Code, 1860 (IPC), and Section 4 of the Dowry Prohibition Act, 1961. The Court not only affirmed the transwoman’s right to file a complaint under matrimonial offence provisions but also quashed the proceedings against the accused due to absence of specific allegations, thereby harmonizing gender justice with safeguards against misuse of criminal law. Backgro...

  I. What Happened? The Supreme Court of India recently delivered a significant judgment regarding the enforceability of employment bonds. The matter arose when an employee of Vijaya Bank, Prashant B Narnaware, was required to pay Rs. 2 lakhs to the Bank after resigning before completing the stipulated three-year minimum service period, as per the terms of his appointment. The High Court had earlier invalidated this clause, but the Supreme Court reversed that decision, holding that such contractual provisions are not void for being in restraint of trade. II. Background Under Section 27 of the Indian Contract Act, 1872, any agreement that restrains a person from exercising a lawful profession, trade, or business is generally void, except in limited situations such as the sale of goodwill. The legal issue in this case was whether an employment bond, which requires an employee to serve a minimum period or pay liquidated damages if they resign early, violates this provision or is other...

GST Levy on Services Provided by Clubs to Members: Kerala High Court Declares Key Provisions Unconstitutional By Abhishek Jat,Advocate Introduction The Kerala High Court, in a landmark judgment dated  April 11, 2025 , struck down  Sections 2(17)(e) and 7(1)(aa)  of the  Central Goods and Services Tax Act, 2017 (CGST Act) , holding them  ultra vires  the Constitution. The Division Bench, comprising  Dr. Justice A.K. Jayasankaran Nambiar  and  Justice Easwaran S. , ruled that the  levy of GST on services provided by a club or association to its members  is unconstitutional, as it violates the  doctrine of mutuality  and exceeds the legislative competence under  Articles 246A and 366(12A)  of the Constitution. Background of the Case The dispute arose when the  Indian Medical Association (IMA), Kerala State Branch , challenged the constitutional validity of the retrospective amendments introduced by th...

Supreme Court Says Title Deeds Not Mandatory for Registering Property Documents By Abhishek Jat, Advocate In a landmark ruling delivered on April 7, 2025, the Supreme Court struck down a rule that had made it mandatory to produce title deeds while registering property documents in Tamil Nadu. The Court held that Rule 55A(i) of the Tamil Nadu Registration Rules went beyond the powers granted under the Registration Act, 1908 , and was therefore invalid. This judgment comes as a big relief for property buyers and sellers, especially in Tamil Nadu, where registration authorities often insisted on title proof before allowing registration—even though the law didn’t require it. What Was the Case About? The case— K. Gopi v. The Sub-Registrar & Ors. (Civil Appeal No. 3954 of 2025) —was sparked when the Sub-Registrar refused to register a sale deed in favor of the appellant, K. Gopi. The reason? Gopi couldn’t provide documents proving the title of the seller, Jayaraman Mudaliyar, as req...

  Recent Supreme Court and High Court Judgments: A Comprehensive Analysis  Author: AbhishekJat, Advocate Magistrates Must Verify Complaint Truthfulness Before Issuing Summons (2025 INSC 399) In a significant ruling that strengthens procedural safeguards in criminal proceedings, the Supreme Court has established clear guidelines for magistrates regarding complaint verification. In Rekha Sharad Ushir v. Saptashrungi Mahila Nagari Sahkari Patsansta Ltd. (March 26, 2025), the Court emphasized that complainants who suppress material facts or documents should not be permitted to set criminal law in motion. The Court unequivocally stated: "Setting criminal law in motion by suppressing material facts and documents is nothing but an abuse of the process of law." This ruling places an additional burden on magistrates to scrutinize complaints for completeness and truthfulness before proceeding under Section 200 of the Criminal Procedure Code (CrPC). The judgment represents a ...

  Landmark Supreme Court Ruling: Acquittal in High-Profile Murder Case Highlights Critical Legal Safeguards By Abhishek Jat, Advocate In a landmark judgment that underscores the paramount importance of procedural integrity in criminal trials, the Supreme Court of India has acquitted Chandrabhan Sudam Sanap, overturning his death sentence in a high-profile 2014 murder case. The Court’s decision, delivered on January 28, 2025, highlights the critical role of adhering to legal standards, particularly in cases involving electronic evidence. Case Background The case revolved around the tragic murder of a 23-year-old IT professional in Mumbai. The prosecution’s case was built entirely on circumstantial evidence, with the Bombay High Court previously upholding the trial court’s decision to convict Sanap and sentence him to death. The prosecution heavily relied on CCTV footage to establish the accused’s presence at the crime scene and his alleged involvement in the crime. However, t...