Sahayata & Sahayata

The proposed Advocates (Amendment) Bill, 2025, has elicited significant criticism from the legal community, particularly the Bar Council of India (BCI). The BCI contends that several provisions within the draft bill threaten the autonomy and independence of the legal profession. Key Concerns Raised by the BCI: Government Nominees in the BCI: The draft bill allows the Central Government to nominate up to three members to the BCI. The BCI argues that this move could compromise its democratic structure, transforming it from a self-regulating body into one influenced by government-appointed members. Central Government's Directive Authority: A provision granting the Central Government power to issue binding directions to the BCI has been labeled "unacceptable" by the council. They assert that this undermines the BCI's autonomy and contradicts the self-regulatory framework established for the legal profession. Regulation of Foreign Lawyers and Law Firms: The bill propose...

1. Introduction The case pertains to a dispute over a suit for specific performance of a contract and an amendment application seeking to enhance the amount of damages claimed. The Supreme Court of India adjudicated on whether the amendment should be allowed and the implications of legal principles such as Order II Rule 2 and Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC), and the applicability of Specific Relief Act, 1963 . 2. Factual Background The dispute originated from an agreement dated 08.06.1979 , where the plaintiffs sought specific performance. The suit was filed in 1986 before the Bombay High Court. In 2017 , the plaintiffs moved an application (Chamber Summons No. 854 of 2017) to amend the plaint, seeking enhancement of damages . The amendment was allowed by a Single Judge of the Bombay High Court and later upheld by a Division Bench. The Life Insurance Corporation of India (LIC), the defendant , challenged the order before the Supreme Court. 3. ...

Legal Reform & Justice: A Landmark Case on Civil Procedure code Background The case Salem Advocate Bar Association, Tamil Nadu v. Union of India arose due to amendments made to the Code of Civil Procedure (CPC) by the Amendment Acts of 1999 and 2002. These amendments sought to streamline civil litigation, introduce alternative dispute resolution (ADR) mechanisms, and reduce delays. The amendments faced legal challenges on grounds of constitutionality and practical applicability. Key Legal Issues The Supreme Court addressed multiple provisions and their validity, including: Affidavits in Pleadings (Section 26(2), Order 6 Rule 15(4)) – Additional responsibility was imposed on the deponent, but affidavits were not considered as trial evidence. Examination-in-Chief through Affidavit (Order 18 Rule 4) – Validated the requirement that evidence-in-chief be recorded through affidavits but upheld the right to cross-examine witnesses. Commissioner’s Role in Evidence Recording (Order 18 Ru...

Introduction The Supreme Court’s judgment in Kailash vs. Nanhku & Ors. (2005) AIR 2441, 2005 (4) SCC 480, clarified the procedural framework governing election petitions under the Representation of the People Act, 1951 (RPA). The key issue in this case was whether the 90-day time limit prescribed under Order VIII Rule 1 of the Civil Procedure Code (CPC), 1908, for filing a written statement was mandatory or directory in nature. Facts of the Case Kailash, the appellant, was elected to the Uttar Pradesh Legislative Council in 2003. His election was challenged by the respondent, Nanhku, under Section 80 of the RPA, 1951. The High Court refused to accept the appellant’s written statement, as it was filed beyond the 90-day limit specified in Order VIII Rule 1 of the CPC. The appellant argued that this provision was directory, not mandatory. The matter reached the Supreme Court for interpretation. Key Legal Issues The Supreme Court examined three primary issues: Applicabilit...

Summary of the Judgment Case: Mohammad Shah v. Smt. Chandani Begum Court: High Court of Madhya Pradesh, Gwalior Bench Coram: Hon’ble Justice Anand Pathak & Hon’ble Justice Hirdesh Case Number: First Appeal No. 1199 of 2022 Judgment Date: 7th January 2025 Background of the Case: Mohammad Shah (appellant) and Smt. Chandani Begum (respondent) were married on 19-10-2007 as per Muslim rites. They had four children. The appellant alleged that the respondent was in an illicit relationship with a relative, Sharafat Shah, and eventually eloped with him along with one child and valuables. The appellant filed for divorce on grounds of adultery and desertion. The Family Court, Datia , dismissed the suit on the ground that a Muslim male cannot seek dissolution of marriage under the Dissolution of Muslim Marriages Act, 1939 . Aggrieved by this, the appellant filed an appeal under Section 19 of the Family Courts Act, 1984 . Key Legal Issues: Whether a Muslim male can file for d...

Key Takeaways from the Judgment: Presumption Under Section 90 of the Evidence Act Not Applicable to Wills A document older than 30 years may enjoy a presumption of authenticity under Section 90 of the Indian Evidence Act, 1872. However, this presumption does not apply to wills, which must be proved per Section 63(c) of the Indian Succession Act, 1925, and Section 68 of the Evidence Act. Alternative Provisions for Proof When Witnesses Are Unavailable If both attesting witnesses are deceased or unavailable, the will’s validity can be established under Sections 69 and 71 of the Evidence Act. Section 69 allows proof through other witnesses who can verify the handwriting of the testator and an attesting witness. Section 71 permits proof through other evidence if an attesting witness denies or does not recollect attesting the will. Application in the Present Case The testator's sons testified about the signing of the will, and another witness confirmed the signatures. The tri...

"False Promise to Marry & Rape Allegations: Supreme Court Acquits Accused in Key Judgment" Supreme Court's Verdict: Consensual Relationship vs. False Promise of Marriage In a crucial ruling, the Supreme Court of India acquitted an accused charged under Section 376 IPC (rape) for allegedly engaging in sexual relations with a woman under a false promise of marriage. The case, Naim Ahamed vs. State (NCT of Delhi) , highlights the legal distinction between a false promise to marry and a breach of promise , reinforcing that not every unfulfilled promise constitutes rape. Background of the Case The complainant, a married woman with three children , had an intimate relationship with the accused for over five years . She alleged that the accused coerced her into a sexual relationship under a false promise of marriage and impregnated her in 2011. Even after discovering that the accused was already married, she continued to stay with him and even divorced her hus...

The Supreme Court of India, in a significant ruling, quashed an FIR registered against Mahesh Damu Khare under Sections 376 (rape), 420 (cheating), 504 (intentional insult), and 506 (criminal intimidation) of the Indian Penal Code (IPC). The judgment emphasized that a prolonged consensual relationship cannot be retroactively criminalized under false promises of marriage. Background of the Case The complainant, a widow with two daughters, met the appellant in 2008 while seeking employment. The appellant, a social worker, helped her with financial aid and later assisted in finding a job. The complainant alleged that the appellant sexually exploited her over a decade (2008–2017) under the false pretext of marriage. However, after financial aid was discontinued, she filed an FIR in 2017, accusing him of rape and deception. The appellant was granted anticipatory bail, and the Sessions Court observed that the prolonged nature of the relationship indicated consent. The Bombay High...

Summary of the  Advocates (Amendment) Bill, 2025 The  Advocates (Amendment) Bill, 2025  proposes significant reforms to the  Advocates Act, 1961  to modernize the legal profession, improve legal education, and enhance transparency and accountability. The key objectives of the amendment include: Introduction of Advisory and Regulatory Bodies: Establishment of an  Advisory Board  by the  Bar Council of India (BCI)  to oversee legal education, research, and the profession. Recognition of  Bar Associations  at various levels (Supreme Court, High Courts, Tribunals, etc.). Implementation of  periodic verification  of advocates' credentials, places of practice, and law degrees. Changes in Legal Education and Bar Examination: Introduction of a mandatory Bar Examination  for both enrollment and continued legal practice. Recognition of foreign law degrees and regulation of  foreign law firms/lawyers  in In...

Preliminary Judicial Services Exam Notes on Bharatiya Nagarik Suraksha Sanhita, 2023 CHAPTER I: PRELIMINARY Short Title, Extent & Commencement (Sec 1): Applicability of the Act, excludes Nagaland & Tribal Areas unless notified. Definitions (Sec 2): Cognizable Offence – Offence where police can arrest without a warrant. Non-Cognizable Offence – Requires prior approval from a Magistrate. Bail – Release of an accused with or without surety. Public Prosecutor – Appointed for conducting prosecutions. Charge – A formal accusation against an accused. CHAPTER II: CONSTITUTION OF CRIMINAL COURTS Classes of Criminal Courts (Sec 6): High Courts Sessions Courts Judicial Magistrates (First & Second Class) Executive Magistrates Court of Session (Sec 8): Established in every session division. Magistrates' Powers (Sec 9-12): Jurisdiction, appointments, and subordination of Judicial & Executive Magistrates. CHAPTER III: POWER OF COU...

BHARATIYA NYAYA SANHITA, 2023 - SHORT NOTES 1. Preliminary (Sections 1-3) Covers definitions, general explanations, and application of the law. 2. Punishments (Sections 4-13) Types:  Death, Life Imprisonment, Rigorous & Simple Imprisonment, Fine, Forfeiture, Community Service . Enhanced punishment for repeat offenders. 3. General Exceptions (Sections 14-44) Includes  acts done in good faith, private defense, acts of children/unsound mind, accident, consent, intoxication , etc. 4. Abetment, Criminal Conspiracy & Attempt (Sections 45-62) Abetment:  Instigating, aiding, or conspiring a crime. Criminal Conspiracy:  Agreement to commit an illegal act. Attempt:  Punishable even if the crime is not completed. 5. Offences Against Women & Children (Sections 63-99) Rape, Sexual Harassment, Dowry Death, Cruelty, Kidnapping, Trafficking, Miscarriage . 6. Offences Against Human Body (Sections 100-146) Murder, Culpable Homicide, Hurt, Acid Attacks, Wrongful Restra...