Sansa Law Desk

A fair trial is a fundamental right guaranteed under the Constitution of India. When circumstances make it impossible for an accused person, a complainant, or a witness to receive a fair hearing in a particular court, the law provides a mechanism to transfer the case to another court. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, Chapter XXXIII (Sections 446 to 452) deals with the transfer of criminal cases and appea

Limitation periods exist to ensure that legal disputes are resolved within a reasonable timeframe. However, there are situations where a party is genuinely prevented from filing an appeal or application within the prescribed period. In such cases, the Limitation Act, 1963 provides a mechanism to seek condonation (forgiveness) of the delay. Section 5 of the Limitation Act allows courts to admit an appeal or application after the prescribed period has expired, provided the appl

When a trial court passes a decree that partially favours both sides, the aggrieved party files an appeal. But what about the respondent who is satisfied with the overall decree but objects to certain findings or parts of it? The law provides a mechanism called a cross objection, which allows the respondent in an appeal to challenge portions of the decree without filing a separate appeal. Governed by Order 41 Rule 22 of the Code of Civil Procedure, 1908 (CPC), this provision

A court marriage certificate is one of the most important legal documents a married couple possesses. It serves as proof of marriage for passport applications, visa processing, joint property purchases, insurance nominations, and various government services. When this certificate is lost, damaged, or destroyed, obtaining a duplicate becomes an urgent necessity. The process for reissuance is straightforward, though it varies slightly across states depending on whether records

An interlocutory application (IA) is a procedural tool that allows a party to seek interim relief or specific orders from the court while a civil suit is still pending. These applications address urgent or ancillary issues that cannot wait until the final hearing. Whether a plaintiff needs to protect disputed property from being sold, or a defendant wants security for costs, interlocutory applications provide the mechanism for obtaining such orders. Understanding when and how

Supreme Court Rules Earnest Money Refund Clause Does Not Bar Specific Performance of Contract In a significant ruling on contract law and the remedy of specific performance, the Supreme Court of India has held that a clause in an agreement to sell requiring the refund of earnest money upon non-execution of the sale deed does not, by itself, bar the purchaser from seeking specific performance of the contract. The judgment in Jaspal Singh v. Ashwani Kumar (2026 INSC 700), deliv

How to File an Execution Petition to Enforce a Court Decree in India Under Order 21 CPC Winning a court case and obtaining a favourable decree is only half the battle. If the judgment-debtor (the losing party) fails to comply with the decree voluntarily, the decree-holder (the winning party) must take steps to enforce it. The process of enforcing a court decree in India is governed by Order 21 of the Code of Civil Procedure, 1908 (CPC). This guide explains the modes of execut

Supreme Court Rules Dead Witness Testimony Admissible Against Absconded Accused Under Section 299 (now Section 335, BNSS) CrPC The Supreme Court of India has held that a deceased victim's deposition, recorded during the trial of co-accused persons, can be used as evidence against an absconding accused under Section 299 (now Section 335, BNSS) of the Code of Criminal Procedure, 1973 (CrPC), and that no formal order from a Magistrate is required to record compliance of the cond

How to Contest a Will in India: Legal Grounds, Procedure and Limitation Period When a loved one passes away, disputes over the distribution of their estate can arise, particularly if there are concerns about the validity of the deceased's will. Contesting a will is a legal process through which an interested party challenges the authenticity or validity of a testamentary document before a court. This guide explains the legal grounds for challenging a will in India, the step-b

How to File a Suit for Declaration of Title Over Property in India Under Section 34 of the Specific Relief Act Disputes over property ownership are among the most common types of civil litigation in India. When someone denies your right or title to a property, you may need to approach the court to obtain a formal declaration establishing your ownership. Section 34 of the Specific Relief Act, 1963, provides the legal basis for filing a suit for declaration of title. This guide

Supreme Court Urges Railways to Prevent Overcrowding and Drop Second Class Passenger Term In a ruling that blends legal adjudication with a powerful social commentary on the state of Indian railway travel, the Supreme Court has urged Indian Railways to take concrete steps to prevent train overcrowding and has suggested that the organization discontinue the use of the term "second class passenger" in its official manuals and documentation. The bench held that class distinction

Supreme Court Recommends IBC Amendments to Protect MSME Operational Creditors The Supreme Court of India has issued a strong recommendation urging the Law Commission and Parliament to examine amendments to the Insolvency and Bankruptcy Code, 2016 (IBC) to ensure that micro, small, and medium enterprise (MSME) operational creditors receive fairer treatment under the insolvency resolution framework. The call for reform came in the case of Tata Steel Ltd. v. Varsha & Anr. (2026

How to Apply for a Scheduled Tribe Certificate in India: Eligibility, Documents and Process A Scheduled Tribe (ST) certificate is an official document issued by the government that certifies an individual's membership in a community recognized as a Scheduled Tribe under the Constitution of India. This certificate is essential for accessing various benefits, including reservation in education and government employment, scholarships, and other welfare schemes. This guide provid

How to File a Civil Suit in a District Court in India: Plaint, Court Fees and Procedure Filing a civil suit in a district court is the primary method for individuals and businesses in India to resolve disputes related to property, money, contracts, and civil rights. Whether you are seeking recovery of a debt, possession of immovable property, or a declaration of your rights, understanding the correct procedure is essential. This guide walks you through the entire process of f

Supreme Court Rules High Courts Cannot Reweigh Evidence Under Certiorari Jurisdiction In a significant ruling reinforcing the boundaries of judicial review, the Supreme Court of India has held that High Courts exercising certiorari jurisdiction under Article 226 of the Constitution cannot reweigh evidence or substitute their own findings for those arrived at by subordinate courts and tribunals. The decision in Basamma & Anr. v. Goparappa and Ors. (2026 LiveLaw (SC) 690) reaff