Can Default Bail Be Cancelled Once Granted? Understanding Section 167(2) CrPC, Section 187 BNSS and the Expanding Jurisprudence Under Special Statutes Introduction: The Constitutional Tension Between Liberty and Investigation The doctrine of default bail occupies one of the most significant positions within Indian criminal jurisprudence because it directly concerns the relationship between State power and […]
How the Mihir Shah Judgment Strengthens & Advances the Law on Arrest: A Comparative Analysis The Supreme Court’s ruling in Mihir Rajesh Shah v. State of Maharashtra, 2025 INSC 1288 marks an important evolution in the jurisprudence of arrest, procedural fairness, and Article 22(1).To understand its true value, it must be compared with earlier leading […]
Quashing of Criminal Proceedings in Matrimonial Disputes: Legal Tests Used by Courts A Practical Guide Based on Real Courtroom Experience By Advocate Mamta SharmaPractising before the Supreme Court of India & High Courts Across India Introduction Matrimonial disputes are among the most emotionally charged and litigation-heavy areas of Indian criminal law. As a practising Advocate […]
How to File a PIL in the Supreme Court and High Court: Eligibility, Procedure & Mistakes to Avoid A Practical, Experience-Based Guide for Citizens & Lawyers By Advocate Mamta SharmaPractising before the Supreme Court of India & High Courts Across the Country Introduction: PIL Is a Powerful Tool—But Misuse Can Backfire Public Interest Litigation (PIL) […]
Grounds on Which Courts Quash FIRs Under Section 482 CrPC / Section 528 BNSS A Practical Guide Based on Courtroom ExperienceBy Advocate Mamta Sharma(Practising before the Supreme Court of India & High Courts across the country) Introduction: Why Quashing Matters In my practice—whether before the Delhi High Court, any other High Court, or the Supreme […]
Difference Between SLP, Writ Petition, and Appeal: A Guide for Litigants By Advocate Mamta Sharma In my practice before the Supreme Court and various High Courts, one question clients frequently ask is:“Should we file an SLP, a writ petition, or an appeal?”These three remedies are powerful—but each serves a distinct purpose, has different entry-routes, and […]
When to Approach the High Court Under Article 226: A Litigation Roadmap By Advocate Mamta Sharma Over the years, appearing before the Supreme Court and various High Courts, I have seen one recurring dilemma among litigants and even young lawyers: “When should I file a writ petition under Article 226?” Mis-timing a writ—either filing it […]
Finality, Jurisdiction, and Nullity: Re-examining Section 34 in Indian Arbitration Law Introduction Section 34 of the Arbitration and Conciliation Act, 1996 constitutes the sole statutory recourse against arbitral awards. The legislative intent is to ensure finality while limiting judicial intervention to narrowly defined grounds. The use of the expression “only” in Section 34(1) underscores this […]
From “Can” to Chaos: Ambiguous Drafting of Arbitration Clauses and the Rise of Avoidable Litigation — A CriticalAnalysis Abstract Ambiguity in contractual drafting, particularly in arbitration clauses, has emerged as a significant cause of avoidable commercial litigation. The recent judgment of the Supreme Court in Nagreeka Indcon Products Pvt. Ltd. v. Cargocare Logistics (India) Pvt. […]
“36% Interest and Still Enforceable — A Game-Changing Judgment for Commercial Arbitration.” Introduction The award of interest in arbitration continues to be one of the most litigated aspects under the Arbitration and Conciliation Act, 1996. The recent Supreme Court decision in BPL Ltd. v. Morgan Securities & Credits Pvt. Ltd. (2025 INSC 1380) provides one […]
