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The Legal Affair

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The Legal Affair

Let's talk Law

Author: farhats693

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  • Section 377 IPC Still Applies to Crimes Against Minors: Kerala High Court Upholds Conviction Despite Delay and Lack of Medical Corroboration
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07/05/2026, 1 month ago

Section 377 IPC Still Applies to Crimes Against Minors: Kerala High Court Upholds Conviction Despite Delay and Lack of Medical Corroboration

Introduction: The Kerala High Court, in Anil N v. State of Kerala (Crl.A. 581/2016), delivered a significant judgment reaffirming the continuing applicability of Section 377 of the Indian Penal Code in cases involving sexual offences against minors. The decision, authored by Justice A. Badharudeen, underscores that the decriminalization of consensual same-sex relations between adults does […]

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07/05/2026, 1 month ago

Beyond Wage Caps: Karnataka High Court Upholds Right of Exempted Establishment Employees to Claim Higher Pension Under EPS

Introduction: The Karnataka High Court, in Bharath Earth Movers Employees Association & Ors. v. Union of India & Ors. (Writ Petition No. 19885 of 2025 and connected matters), delivered a landmark judgment addressing the long-standing controversy surrounding entitlement to higher pension under the Employees’ Pension Scheme, 1995. The decision, authored by Justice Anant Ramanath Hegde, […]

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07/05/2026, 1 month ago

Algorithm Cannot Cure Illegality: Bombay High Court Condemns Unilateral Appointment of Arbitrators by Financial Institutions

Introduction: The Bombay High Court, in D S Textiles v. IIFL Finance Limited [Arbitration Petition (Lodging) 12097 of 2026], delivered a sharp and timely critique of an emerging trend in arbitration practice, particularly among non-banking financial companies (NBFCs). The judgment, authored by Justice Somasekhar Sundaresan, addresses the growing misuse of institutional and algorithm-based mechanisms to […]

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07/05/2026, 1 month ago

Trial Without Presence: Allahabad High Court Lays Down Comprehensive Framework for In Absentia Proceedings Under BNSS

Introduction: In a significant and forward-looking ruling, the Allahabad High Court, in Ravi alias Ravindra Singh v. State of Uttar Pradesh and Another, 2026 LiveLaw (AB) 263, undertook a detailed examination of the newly introduced concept of “trial in absentia” under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The judgment, authored by Justice […]

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07/05/2026, 1 month ago

Proof Beyond Suspicion: Calcutta High Court Reaffirms Strict Standards for Conviction in Abetment of Suicide and Cruelty Cases

Introduction: The Calcutta High Court, in Bikash Chandra Paul v. The State of West Bengal (CRA 445 of 2009), delivered a significant judgment revisiting the evidentiary thresholds required to sustain convictions under Sections 306 and 498A of the Indian Penal Code, 1860. The case, decided by Justice Chaitali Chatterjee Das, underscores the importance of establishing […]

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07/05/2026, 1 month ago

Caste Across Borders: Madhya Pradesh High Court Reaffirms State-Specific Nature of Scheduled Caste Status

Introduction: The Madhya Pradesh High Court, in Hemlata Arya v. State of Madhya Pradesh, WP-7568-2018, delivered a significant ruling that revisits and reinforces a well-established constitutional principle: caste status for the purpose of reservation is State-specific and does not automatically travel with a person upon migration. The judgment, authored by Justice Anand Singh Bahrawat, provides […]

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07/05/2026, 1 month ago

Beyond Consent: Madhya Pradesh High Court Clarifies the Meaning of “Taking” in Kidnapping Law

Introduction: The judgment delivered by the Madhya Pradesh High Court in Ravi Das Gupta v. State of Madhya Pradesh, CRA-2321-2013 offers a significant clarification on the legal interpretation of kidnapping from lawful guardianship under the Indian Penal Code, 1860. The decision, authored by Justice Pradeep Mittal, revisits the essential ingredients of the offence under Section […]

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07/05/2026, 1 month ago

Merit Beyond Disability: Supreme Court Reinforces “Upward Movement” Policy for Inclusive Equality

Introduction: The decision delivered by the Supreme Court of India in Justice Sunanda Bhandare Foundation v. Union of India & Ors., W.P.(C) No. 116/1998 marks a significant step in strengthening the rights of Persons with Benchmark Disabilities (PwBD) within public employment. The case, adjudicated by a bench comprising Justices Vikram Nath and Sandeep Mehta, addressed […]

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06/05/2026, 2 months ago

Between Law and Lived Reality: Meghalaya High Court Recognises Consensual Adolescent Relationships in Quashing POCSO Proceedings

Introduction: In a nuanced and socially contextual judgment, the Meghalaya High Court in Shri Vicky Kharsati v. State of Meghalaya (Crl. Petn. No. 17/2026) addressed the complex intersection of statutory criminal law and prevailing social realities. The case revolved around a petition seeking quashing of an FIR registered under the stringent provisions of the Protection […]

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