Retirement benefits such as pension, gratuity, provident fund, and leave encashment are not mere concessions or acts of generosity by the State or employer. They are recognised as vested rights accruing to an employee after years of service. A recurring legal controversy, however, is whether these benefits can be withheld if a criminal case or
... Continue Reading.SUPREME COURT REASSERTS PRINCIPLES ON BAIL CANCELLATION AND WITNESS PROTECTION SCHEME
The Supreme Court, in a recent pronouncement in Phireram v. State of Uttar Pradesh & Anr. [Criminal Appeal No. 3830 of 2025], has delivered a detailed judgment clarifying the interplay between Witness Protection Scheme, 2018 (WPS) and the cancellation of bail, particularly when accused persons are alleged to have threatened witnesses. This decision, delivered by
... Continue Reading.Himachal Pradesh High Court on Post-Retirement Promotions and Equality in Service
The issue of whether promotional benefits can be extended to retired employees, particularly when juniors in service have been promoted earlier, has been a recurring question before Indian courts. The balance lies between service jurisprudence principles of fairness and equality under Articles 14 and 16 of the Constitution, and administrative limitations such as retirement, vacancies,
... Continue Reading.WHEN CIVIL WRONGS WEAR CRIMINAL ROBES: THE SUPREME COURT’S REAFFIRMS COMPROMISE IN CHEQUE DISHONOUR CASES
INTRODUCTION In Gian Chand Garg v. Harpal Singh & Anr., [SLP (Crl.) No. 8050 of 2025], decided on 11 August 2025 by Justices Aravind Kumar and Sandeep Mehta, the Hon’ble Supreme Court once again examined the relationship between criminal liability under the Negotiable Instruments Act, 1881 (“NI Act”) and the legal weight accorded to compromise between disputing
... Continue Reading.SHADOWS OF COERCION: CORPORATE OPPRESSION AND JUDICIAL INTERVENTION
INTRODUCTION Corporate disputes are rarely confined to financial ledgers; they often expose deeper struggles of power, trust and fairness. The Supreme Court’s ruling in the matter of Mrs. Shailja Krishna v. Satori Global Limited & Ors. (Civil Appeal Nos. 6377–6378 of 2023) (Date of Judgement 2 September 2025) (Justice Dipankar Datta and Justice K. Vinod
... Continue Reading.SUPREME COURT RULES: NO ANTICIPATORY BAIL IN SC/ST ATROCITY OFFENCES IF PRIMA FACIE CASE EXISTS
Introduction In a significant Judgment delivered on September 1, 2025, a Three-Judge Bench of the Supreme Court comprising Chief Justice B.R. Gavai, Justice K. Vinod Chandran, and Justice N.V. Anjaria in Kiran v. Rajkumar Jivraj Jain & Anr. (SLP (Crl.) No. 8169 of 2025) reinforced the statutory bar on anticipatory bail under the Scheduled Castes and Scheduled
... Continue Reading.SUPREME COURT UPHOLDS ARBITRAL TRIBUNAL’S POWER TO AWARD PENDENTE LITE INTEREST DESPITE CONTRACTUAL CLAUSE
The Supreme Court, in a recent judgment in Oil and Natural Gas Corporation Ltd. v. M/s G & T Beckfield Drilling Services Pvt. Ltd. [Civil Appeal No. 11324 of 2025], has clarified the scope of the Arbitral Tribunal’s power to award interest pendente lite (during arbitration proceedings), particularly when the contract contains clauses related to
... Continue Reading.SUPREME COURT REAFFIRMS: ONLY REGISTERED SALE DEEDS CAN TRANSFER PROPERTY TITLE – GPA, AGREEMENT TO SELL AND UNPROVED WILLS INVALID
Introduction The Supreme Court Judgment in Ramesh Chand (D) through Legal Representatives v. Suresh Chand and Anr. (Civil Appeal No. 6377 of 2012) delivered on September 1, 2025, by the Bench comprising Justice Aravind Kumar and Justice Sandeep Mehta, stands as a definitive pronouncement on property transfer law in India. This ruling definitively settles the
... Continue Reading.Can the Witness Protection Scheme Replace Bail Cancellation?
The protection of witnesses and the supervision of bail are two indispensable aspects of India’s criminal justice system. Yet, a recent controversy arose when the Allahabad High Court disposed of several bail cancellation applications by directing complainants to instead seek remedies under the Witness Protection Scheme, 2018. This approach suggested that the existence of a
... Continue Reading.Shardul Amarchand Mangaldas & Co. Advised Samvardhana Motherson International Limited On Acquisition Of Majority Stake In Yutaka Giken Co. Ltd., Japan
Shardul Amarchand Mangaldas & Co. advised Samvardhana Motherson International Limited on acquisition of majority stake in Yutaka Giken Co. Ltd., Japan The leading Indian law firm, Shardul Amarchand Mangaldas & Co. acted as one of the lead counsel to Samvardhana Motherson International Limited (“SAMIL”) in connection with its proposed acquisition, through its wholly owned indirect
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