Most commercial disputes are won and lost in the documents nobody reads twice. The boilerplate at the foot of a tax invoice - the "terms and conditions" every accounts department copies forward year after year - is treated as decoration. It is not. It is a contract. And in a recent recovery suit before the Commercial Court at Tis Hazari, that decoration is exactly what took the plaintiff's case out of court. The case in brief The plaintiff sued for recovery of ₹6,00,000 with

There is a quiet but important difference between a court “allowing investigation” and a court authorising the police to walk into your home. In this case, the Magistrate at Karkardooma had issued general search warrants under Section 93 CrPC / Section 96 BNSS to search the petitioner’s residential flat at I.P. Extension, Patparganj, in connection with an old transaction which has been hanging since 2012. The subsequent order even went a step further and told the ACP/DIU a

Case brief: In FIR RC0032025A0070, two MCD officials, a Beldar and an Assistant Engineer were arrested in a CBI trap after an alleged demand and acceptance of ₹2 lakhs for a “closure report” post‑completion certificate. Despite the prosecution’s emphasis that one applicant was caught “red handed” and that both were public servants facing serious corruption charges, the Special Judge (PC Act), CBI‑13, granted regular bail under Section 483 BNSS, noting that they were in custod

Economic offence prosecutions often collapse not because the allegation lacks seriousness, but because first principles of criminal law are treated as inconveniences. A recent discharge order passed by the Court of the Ld. ACJM (Special Acts), Tis Hazari Courts, Delhi, is a textbook reminder that information, however sourced, is not evidence and treaties do not dilute the Indian Evidence Act . The accused was discharged of offences under Sections 276C(1) and 277 of the Income

For a proper analysis of Section 212(2) of the Companies Act, it is pertinent to first understand certain foundational provisions of the Act. To appreciate the present discussion, we must also comprehend the exact mandate of one of India’s premier investigating agencies, the Serious Fraud Investigation Office (SFIO). It is equally important to examine what kinds of offences the SFIO can investigate, what powers it wields, and what sanctity the statements recorded before an SF

As always, I will keep this post precise and to the point. Section 11 of the Prevention of Corruption Act, 1988 (“PC Act”) is one of the most challenging provisions to defend against. The reasons are twofold. Firstly, a plain reading of Section 11 shows that the mere receipt or even attempt to receive an “undue advantage” by a public servant—or any other person on their behalf—is punishable. Unlike Section 7 of the PC Act, there is no requirement of a prior demand or acceptan

In my blogs, I’ve highlighted the significance of Section 41A, now Section 35 BNSS (will be referred to as 41A Notice for uniformity), along with the key judgments that support this provision. This blog specifically focuses on what qualifies as a proper Section 41A notice, what constitutes an improper notice, and the remedies and strategies available to someone who receives an improper Section 41A notice. I strive to make my blogs concise yet rich in practical knowledge. Prop

The introduction of Section 41A of the Criminal Procedure Code (Section 35 of the BNSS 2023) into the criminal procedure, along with the precedent established in Arnesh Kumar v. State of UP [AIR (2014) SC 2756], has made obtaining anticipatory bail for offences punishable by up to seven years significantly more challenging. What is a Section 41A Notice? Section 41A was introduced in the Code of Criminal Procedure vide an amendment made in the year 2010. The legislative intent

In my current blog, I'll briefly mention a strategy that resulted in the exoneration of my client, the former Executive Director of the Airport Authority of India. It's firmly established in legal precedent that providing evidence of a public servant's demand for illegal gratification and acceptance of a bribe are crucial prerequisites under Section 7 of the PC Act. However, a pivotal issue emerged during the trial: whether the prosecution successfully demonstrated the demand

In part 2 of the blog series, I will focus on the principles of challenging Sanctions for prosecution and the non-compliance of the mandatory provisions of the CBI Manual during the trial of a trap case. Sanction for Prosecution under Section 19 of PC Act, 1988: Every public servant has a safeguard in the form of a pre-prosecution Sanction passed by the relevant Sanctioning Authority. A Sanctioning Authority in most general terms is a person who has the authority to appoint

Welcome to today's blog post where I delve into a critical aspect of criminal defense law: understanding the distinction between illegitimate and legitimate trap cases. In the legal landscape, trap cases—where individuals are enticed or induced into criminal conduct by law enforcement—are subject to intense scrutiny and debate. However, not all trap cases are created equal. Some are executed within the bounds of legal and ethical guidelines, while others raise serious questio

“The scales of justice should always tip in favor of preserving individual liberty, even when weighed against the distant possibility of conviction.” One of the most important legislations, The Prevention of Money Laundering Act, 2002 (PML Act), in my opinion, suffers from vagueness and lacks logical coherence. In the present article, I will try to highlight the (i) ‘flawed concept of burden of proof under PML Act’, and (ii) ‘hasty arrest made by ED and misapplication of twin

“That no free government, nor the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue; by frequent recurrence to fundamental principles; and by the recognition by all citizens that they have duties as well as rights, and that such rights cannot be enjoyed save in a society where law is respected and due process is observed.” ~George Mason Due process of law & its emergence in the USA: The do