Sansa Law Desk

The Karnataka High Court, in the case of KM v. MAB, has held that a Muslim man cannot solemnise a second marriage under the Special Marriage Act, 1954 (SMA) while his first marriage is subsisting. Justice Sachin Shankar Magadum ruled that Section 4(a) of the SMA, which mandates that "neither party has a spouse living" at the time of marriage, is a mandatory statutory condition that personal law privileges, including the permission for polygamy under Muslim personal law, canno

The Andhra Pradesh High Court has quashed the FIR registered by the Crime Investigation Department (CID) against Chief Minister N. Chandrababu Naidu and former Municipal Administration Minister P. Narayana in connection with the Amaravati land pooling scheme. Justice Y. Lakshmana Rao held that the prosecution was "vitiated by mala fides and political vendetta" and amounted to an abuse of the criminal process. The FIR, registered in 2021, had alleged offences under the Indian

On July 27, 2026, the Supreme Court of India, in Tejas J. Shah and Amisha T. Shah v. Mantri Technology Constellations Pvt. Ltd. (2026 LiveLaw SC 723), ruled that a moratorium imposed under Section 14 of the Insolvency and Bankruptcy Code (IBC), 2016 against a corporate debtor does not bar consumer complaints from proceeding against the company's promoters and directors. The bench of Justices Vikram Nath and Sandeep Mehta clarified that the insolvency moratorium protects only

On July 27, 2026, the Supreme Court of India, in State of Andhra Pradesh v. Suda Suresh Veera Venkata Naga Raju (2026 LiveLaw SC 722), clarified the scope of Section 38 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. A bench comprising Justices Vikram Nath and Sandeep Mehta held that while an arrested person is entitled to meet an advocate of their choice during interrogation, this right does not extend to having the advocate continuously present throughout the interr

In a civil suit, the defendant is not limited to merely defending against the plaintiff's claim. Under Order 8 Rule 6A of the Code of Civil Procedure, 1908, the defendant may set up a counter-claim against the plaintiff, effectively raising an independent cross-action within the same suit. This provision, introduced by the CPC (Amendment) Act of 1976 following the recommendations of the 27th Law Commission Report, allows the defendant to claim relief against the plaintiff wit

When a defendant fails to appear before a civil court on the date fixed for hearing, the court may proceed to hear the case in the defendant's absence and pass a decree known as an ex parte decree. The Code of Civil Procedure, 1908 provides a specific remedy for the aggrieved defendant: an application under Order 9 Rule 13 CPC to set aside the ex parte decree. This guide explains the grounds, limitation period, procedure, and practical aspects of filing such an application. W

When a person dies leaving a Will, the executor or beneficiary named in the Will may apply to a competent court for a grant of probate under the Indian Succession Act, 1925. The court, before granting probate, issues a public citation inviting any person who wishes to oppose the grant to file objections. Filing objections to a probate petition is a critical step for legal heirs, family members, or interested parties who believe that the Will is invalid, forged, or obtained th

Indian courts generally require parties to appear in person on each date of hearing. However, both criminal and civil law provide mechanisms through which a party may seek exemption from personal appearance, allowing an advocate to appear on their behalf. In criminal proceedings, Section 228 and Section 355 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 govern this process. In civil proceedings, the Code of Civil Procedure, 1908 permits appearance through a recognised

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) is the specialised appellate body that hears second appeals arising from orders passed under the Customs Act, 1962, the Central Excise Act, 1944, and the service tax provisions of the Finance Act, 1994. Filing an appeal before CESTAT requires careful compliance with prescribed forms, limitation periods, and mandatory pre-deposit requirements. This guide explains the complete process for filing an appeal before CE

When an accused person believes that the charge sheet filed against them does not disclose sufficient grounds for proceeding, they have the right to seek discharge from the criminal case. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides for discharge at multiple stages depending on the type of case and the court trying it. This guide explains the legal framework, the standard for discharge, the procedure for filing a discharge application, and key judicial princip

Paternity disputes are among the most sensitive matters in Indian family law. When the biological parentage of a child is contested, a court-ordered DNA test can provide conclusive scientific evidence. However, Indian law does not mandate DNA testing as a matter of routine. Courts exercise careful discretion, balancing the right to know paternity against the right to privacy and the presumption of legitimacy. This guide explains the legal framework, key Supreme Court rulings,

The Supreme Court of India on July 24, 2026, held that a direction issued by the Telecom Regulatory Authority of India (TRAI) to comply with the provisions of the TRAI Act, 1997 and its regulations cannot be characterised as "adjudication" under Section 14 of the Act. The ruling draws a clear boundary between TRAI's regulatory enforcement powers and the exclusive adjudicatory jurisdiction of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), providing important c

When a decree-holder obtains a favourable judgment but the judgment debtor refuses to pay, one powerful enforcement mechanism is the garnishee order. This remedy allows a court to direct a third party, such as a bank or employer, who holds money belonging to the judgment debtor, to pay that amount directly to the decree-holder. Governed by Order 21, Rules 46 to 46I of the Code of Civil Procedure, 1908 (CPC), garnishee proceedings are an important tool in the execution of cour

When police refuse to register an FIR or fail to take action on a cognizable offence, the law provides an alternative remedy. Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 200 of the Code of Criminal Procedure, allows any private person to file a criminal complaint directly before a Magistrate. This guide explains the eligibility, procedure, and critical changes introduced by the BNSS for private criminal complaints in India. What

The National Company Law Tribunal (NCLT) approved a record 78 insolvency resolution plans worth a combined Rs 5,517.66 crore during the first quarter of FY2027 (April to June 2026). This represents the highest-ever Q1 performance in terms of approval of resolution plans since the Insolvency and Bankruptcy Code (IBC) was enacted in 2016. The data underscores the growing efficiency of the insolvency resolution framework in India, even as the tribunal continues to face challenge