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Sansa Law Desk


Prisoners with Disabilities: Supreme Court Directs Structured Mechanism via High Powered Committee
On April 21, 2026, a significant development in prisoners' rights jurisprudence emerged when a bench of the Supreme Court comprising Justices Vikram Nath and Sandeep Mehta issued directions addressing the critical issue of prisoners with disabilities. The Court directed that issues relating to prisoners with disabilities, including the provision of assistive devices and support mechanisms, be referred to the High Powered Committee constituted in the Suhas Chakma case. This de

Kaustav Chowdhury
4 min read


Share Buyback Not Taxable as Receipt of Property: Delhi HC Ruling in PCIT v. Globe Capital Market (ITA 364/2024)
On April 10, 2026, the Delhi High Court delivered an important decision clarifying the taxation of share buyback transactions. In PCIT v. Globe Capital Market (ITA 364/2024), the Court held that a share buyback by a company does not constitute a 'receipt of property' under the Income Tax Act that can be taxed separately. This ruling provides much-needed clarity for corporate entities engaged in buyback programs and has significant implications for how tax authorities assess s

Kaustav Chowdhury
3 min read


DNA Test Prevails Over Section 112 Paternity Presumption: Nikhat Parveen v. Rafique (2026 INSC 399)
On April 21, 2026, India's Supreme Court issued a landmark ruling in Nikhat Parveen v. Rafique (2026 INSC 399) that fundamentally shifts the balance between biological truth and legal presumption. The Court held that DNA evidence can override Section 112 of the Indian Evidence Act, which has long presumed the legitimacy of children born during marriage. If DNA proves a man is not the biological father, he cannot be compelled to pay maintenance. This decision represents a sign

Kaustav Chowdhury
4 min read


Ex Parte Civil Judgments Must Contain Reasoned Orders: Supreme Court Reaffirms CPC
The Supreme Court reaffirmed that even in ex parte civil proceedings where defendants are absent and do not defend cases, courts must deliver reasoned judgments complying with Order XX Rule 4 of the Code of Civil Procedure (CPC). This judgment protects defendants from unfair ex parte decrees and ensures courts do not issue judgments without considering relevant facts and legal principles. The judgment has set aside multiple ex parte orders issued without proper reasoning, sig

Kaustav Chowdhury
2 min read


Maintenance Obligation Takes Priority Over Voluntary Loan Repayments: Supreme Court
The Supreme Court clarified that statutory maintenance obligations under family law take priority over voluntary loan repayments in cases of financial hardship. If persons earning limited incomes face a choice between paying court-ordered maintenance to spouses or dependent children and repaying voluntary loans, the maintenance obligation must take precedence. Loan repayments resulting in asset creation or acquisition are voluntary in nature, whereas maintenance obligations a

Kaustav Chowdhury
2 min read


Abetment of Suicide: Supreme Court Clarifies Insufficient Proof Standards
The Supreme Court clarified that mere allegations of illicit relationships or moral wrongdoing are insufficient to establish the crime of abetment of suicide under Section 306 of the Indian Penal Code. The Court held that abetment requires clear evidence of a positive act of instigation, intentional aid, or deliberate encouragement. Suspicion, moral disapproval, or circumstantial evidence of a problematic relationship alone cannot sustain a criminal charge. This judgment prot

Kaustav Chowdhury
2 min read


Bank Failure to Present Cheque Within Validity Is Deficiency in Service: Supreme Court
The Supreme Court held that a bank's failure to present a cheque for clearing within its validity period (typically six months) constitutes deficiency in service under consumer protection laws. This judgment protects banking customers and establishes clear bank accountability in the cheque clearing process. If banks delay cheque presentation beyond validity without justification and the cheque is subsequently dishonored due to expiry, banks are liable to compensate customers

Kaustav Chowdhury
2 min read


Ad Hoc Employee Regularisation Without Due Process Is Unconstitutional: Supreme Court
The Supreme Court struck down Haryana's 2014 ad hoc employee regularization policy. The Court held that regularizing ad hoc or casual employees without proper advertisement, interviews, or competitive selection violates the constitutional scheme of public employment and equality principles. The judgment has broad implications for government employers relying on ad hoc workforces. It reaffirms that access to public office requires transparent, competitive, merit-based processe

Kaustav Chowdhury
2 min read


RERA Complaints Not Subject to Limitation Period: Chhattisgarh High Court Ruling
The Chhattisgarh High Court, in a judgment by Justice Bibhu Datta Guru, held that Article 137 of the Limitation Act 1963 does not apply to complaints filed under Section 31(1) of the Real Estate (Regulation and Development) Act, 2016 (RERA). This ruling has profound implications for homebuyers, developers, and RERA authorities. There is no time limit for filing RERA complaints, unlike civil law complaints. Homebuyers discovering defects years after purchase can still file wit

Kaustav Chowdhury
2 min read


Supreme Court Declares Highway Safety a Fundamental Right Under Article 21
In April 2026, the Supreme Court recognized highway commuter safety as a component of the fundamental right to life under Article 21 of the Indian Constitution. This decision expands Article 21's protective scope beyond unlawful killing to mandate positive state action for safe public spaces. The Court issued nationwide interim directions on accident prevention, placing direct obligations on state governments and highway authorities. This judgment affects administrative law,

Kaustav Chowdhury
2 min read


Industry-Wide POSH Compliance Review After TCS Nashik: What Employers Must Do
The TCS Nashik workplace harassment case has triggered an industry-wide compliance review of the Sexual Harassment of Women at Workplace Act, 2013 (POSH Act). Nine FIRs were filed, eight employees arrested, and systemic failures in the Internal Complaints Committee (ICC) exposed. The Nashik district collector ordered compliance audits across employers. For HR professionals and employers, this signals that POSH compliance is no longer optional, and procedural violations carry

Kaustav Chowdhury
3 min read


Constitution 131st Amendment Bill 2026: Why Women's Reservation Failed in Lok Sabha
On April 17, 2026, the Constitution (131st Amendment) Bill 2026 fell 54 votes short of passage in the Lok Sabha. The Bill received 298 affirmative votes but required 352 votes for a two-thirds majority. This defeat represents a significant political setback and raises important questions about political consensus on constitutional reform. Understanding why the Bill failed illuminates India's constitutional amendment process, federalism tensions, and parliamentary opposition f

Kaustav Chowdhury
2 min read


Union Territories Laws Amendment Bill 2026: Women's Reservation Implementation
The Union Territories Laws (Amendment) Bill, 2026, introduced in the Lok Sabha by Home Minister Amit Shah in April 2026, represents a critical piece of legislation linking women's reservation in Union Territory assemblies to constituency delimitation. Unlike earlier attempts to implement women's reservation immediately, this Bill ties the implementation to redrawing constituency boundaries using the 2011 Census. However, the legislative framework surrounding women's reservati

Kaustav Chowdhury
3 min read


Foreign Exchange Management Regulations 2026: Modernized Guarantees Framework
In March 2026, the Reserve Bank of India notified the Foreign Exchange Management (Guarantees) Regulations, 2026, replacing the regulations that had governed cross-border guarantees since 2000. This modernized framework reflects two and a half decades of evolution in global finance and India's position as a major capital exporting nation. The new regulations facilitate legitimate cross-border business transactions while strengthening transparency, accountability, and regulato

Kaustav Chowdhury
3 min read


CAPF General Administration Bill 2026: Unifying Armed Forces Service Rules
The Central Armed Police Forces (General Administration) Bill, 2026, passed by Parliament in April 2026, consolidates service rules for five paramilitary forces under one legal framework. The CRPF, BSF, ITBP, CISF, and SSB previously operated under fragmented regulations developed over decades. This Bill replaces this patchwork with unified recruitment, promotion, service conditions, and grievance redressal procedures. The legislation represents a significant administrative m

Kaustav Chowdhury
3 min read
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