Blog - The Law Literates

13Dec, 2025

SC Holds Debt Arising from Cash Transaction Exceeding ₹20,000 (Violating IT Act) Can Still be ‘Legally Enforceable’ for Cheque Dishonour Cases

🏛️SUPREME COURT OF INDIA🏛️

SC Holds Debt Arising from Cash Transaction Exceeding ₹20,000 (Violating IT Act) Can Still be ‘Legally Enforceable’ for Cheque Dishonour Cases

Supreme Court recently set aside the Kerala High Court judgment in PC Hari v. Shine Varghese, which held that a debt created by a cash transaction above Rs.20,000 in violation of the Income Tax (IT) Act, 1961 cannot be considered as a “legally enforceable debt” under Section 138 of the Negotiable Instruments Act unless there is a valid explanation for the same.

For More read the Judgment click here

shine-varghese-v-state-of-kerala-s138-ni-act-cash-debt-exceeding-rs20000-cheque-dishonor-The Law Literates

9Dec, 2025

Section 86 Order VII Rule 11 CPC Limitation – Suit against foreign state – Sovereign immunity and limitation grounds raised

Section 86 Order VII Rule 11 CPC Limitation – Suit against foreign state – Sovereign immunity and limitation grounds raised – Held, suit not barred by limitation as recurring cause of action applies Doctrine of laches/limitation not applicable to periodic claims – Sovereign immunity plea not upheld at this stage Suit reinstated for trial on merits.[Paras 7, 24 to 25]

Relevant Paras:

7. Due to persistent inaction by the Respondents, the Appellants resorted to legal remedies. After protracted correspondence and a writ petition before the Delhi High Court, the Appellants obtained the consent mandated under Section 86 of the Code of Civil Procedure from the Government of India by January 2013, enabling them to
institute civil proceedings against the foreign state For More please find the Judgment.

24. Lastly, learned counsel for the Respondents has also argued that the plaint was time barred and thus limitation is also a valid ground for rejection of plaint, although the learned Single judge, even while allowing his application, has rejected this ground. This Court concurs with the finding of the learned Single Judge that, prima facie, the present suit is not barred by limitation as the same is based on a recurring cause of action and that even if a part of the relief, i.e.,
payment of wages, sought in the plaint is barred by limitation, the Court can still exercise its discretion to mould the relief and grant recovery to the extent that is within limitation.

25. The Respondents counsel‟s reliance on Nikhila Dibyang Mehta & Anr. v. Hitesh P. Sanghvi & Ors.4 is misplaced, since it does not apply to a set of facts that give rise to a recurring cause of action and is only relevant to a „one time action‟. As has already been held in a catena of the Supreme Court judgments like MR Gupta v. Union of India5
, the doctrine of laches/limitation is not applicable where separate or distinct cause of action occurs periodically. Thus, the Respondents cannot be allowed to press this contention before this court.

Judgment Delhi High Court The Law Literates

26Nov, 2025

Custody and Care: Legal Insights for Parents

Child custody is one of the most sensitive aspects of family law, affecting both the well-being of the child and the rights of parents. When parents separate or divorce, determining who will take care of the child involves legal, emotional, and practical considerations. Understanding the laws and principles behind child custody can help parents make informed decisions that prioritize the child’s best interests.

Types of Child Custody

Child custody can be broadly classified into:

Physical Custody: Determines where the child will live and who will provide day-to-day care.
Legal Custody: Defines who has the authority to make important decisions regarding the child’s education, health, and welfare.
Joint Custody: Both parents share responsibilities and decision-making.
Sole Custody: One parent has primary responsibility, while the other may have visitation rights.

Courts aim to ensure that the child maintains a stable and nurturing environment, balancing the rights of both parents.

Factors Considered by Courts

When deciding on custody, courts consider:

Best interests of the child: Emotional, educational, and social needs
Parental capability: Ability to provide care, stability, and guidance
Child’s age and preference: Older children’s opinions may be taken into account
Parental cooperation: Willingness to encourage a relationship with the other parent
Safety and welfare: History of abuse, neglect, or domestic violence

The focus is always on the child’s overall well-being, rather than the convenience or preference of the parents.

Visitation Rights and Maintenance

Even if custody is awarded to one parent, the other parent is generally granted visitation rights to maintain a meaningful relationship with the child. Courts may also order child support or maintenance, ensuring that the child’s financial needs are met consistently.

Importance of Legal Guidance

Navigating child custody cases can be emotionally challenging and legally complex. A qualified lawyer can help parents:

Understand their rights and obligations
Prepare and file custody petitions or responses
Negotiate agreements or mediate disputes
Ensure compliance with court orders
Protect the child’s best interests throughout the process

Legal guidance ensures fairness and reduces unnecessary conflict during an already stressful period.

Conclusion

Child custody is not about winning or losing; it is about prioritizing the child’s happiness, safety, and development. By understanding custody laws, cooperating with the other parent, and seeking professional guidance, parents can make informed decisions that provide their children with stability and care.

Ultimately, the goal of child custody law is clear: to protect the rights of the child and ensure their well-being, even in the midst of parental separation.

24Nov, 2025

Freedom in Advance: Understanding Anticipatory Bail

Anticipatory bail is a critical legal provision that protects individuals from being arrested in anticipation of a possible accusation or legal action. It is an important tool in criminal law, ensuring that a person’s right to liberty is safeguarded while balancing the interests of justice.

What Is Anticipatory Bail?

Anticipatory bail allows a person to seek bail before being arrested for an alleged offence. Unlike regular bail, which is sought after arrest, anticipatory bail acts as a preventive legal shield, helping individuals avoid unnecessary detention and harassment.

Key points about anticipatory bail:

It can be applied under Section 438 of the Indian Penal Code (CrPC).
It is typically granted by High Courts or Sessions Courts.
It applies to offences where the arrest is anticipated, not after it has occurred.
Courts may impose conditions to ensure the accused does not tamper with evidence or influence witnesses.

Who Can Apply for Anticipatory Bail?

Anticipatory bail is usually sought by individuals who:

Fear arrest due to false accusations or political/social vendetta
Are involved in cases where charges are non-bailable but not serious enough for severe imprisonment
Want to avoid unnecessary detention while cooperating with the investigation

The court evaluates the nature of the offence, likelihood of fleeing, and potential tampering with evidence before granting anticipatory bail.

Conditions and Limitations

While anticipatory bail offers protection, it is not absolute. Courts may impose conditions such as:

Appearing before the investigating officer when required
Cooperating fully with the investigation
Not threatening or influencing witnesses
Surrendering passports in certain cases

Certain serious offences, like those punishable by life imprisonment or death, may restrict the applicability of anticipatory bail depending on the circumstances.

Importance of Anticipatory Bail

Anticipatory bail plays a crucial role in protecting individual liberty and ensuring justice:

Prevents unwarranted arrests and harassment
Maintains the dignity and freedom of the accused
Encourages cooperation with law enforcement without fear of detention
Reduces overcrowding in prisons due to preventive detentions

It balances the rights of individuals with the requirements of law and public interest.

Conclusion

Anticipatory bail is a powerful legal safeguard, allowing individuals to protect their freedom before an arrest occurs. Understanding its provisions, conditions, and limitations empowers citizens to exercise their rights wisely.

In the pursuit of justice, anticipatory bail acts as a preventive shield, ensuring that liberty is not compromised while investigations proceed fairly and lawfully.

21Nov, 2025

Digital Defense: Navigating Modern Cyber Matters

In today’s rapidly evolving digital world, technology has become deeply integrated into every aspect of life—from communication and finance to healthcare, education, and global business. While this interconnected ecosystem offers convenience and innovation, it also creates a vast playground for cyber threats. As cybercrime grows in scale, sophistication, and impact, digital defense is no longer optional—it’s essential.

The Rise of Modern Cyber Threats

Cyber threats have advanced beyond simple viruses or spam emails. Today’s attackers leverage artificial intelligence, automation, and social engineering to infiltrate systems and exploit vulnerabilities. Ransomware, phishing schemes, data breaches, identity theft, and advanced persistent threats (APTs) are now common occurrences across industries. Even small businesses and individuals, once considered low-risk targets, are now equally vulnerable.

Human Factor: The Weakest Link

Despite modern firewalls, encryption, and monitoring tools, human error remains one of the biggest cybersecurity weaknesses. A single click on a malicious link, the use of weak passwords, or failure to enable multi-factor authentication can open the door to devastating attacks. Cyber awareness and digital hygiene must become everyday habits—not occasional precautions.

Building a Stronger Cyber Shield

Effective digital defense requires a proactive and multi-layered approach. This includes:

Robust password and identity management
End-to-end encryption
Threat detection and real-time monitoring
Regular software updates and vulnerability testing
Employee training and cybersecurity culture

Cybersecurity must be treated as a continuous process, not a one-time investment.

The Role of Law and Policy

Governments across the world are implementing stricter cybersecurity regulations and data-protection frameworks. Compliance standards like GDPR, HIPAA, ISO 27001, and India’s Digital Personal Data Protection Act (DPDPA) ensure organizations are held accountable for protecting user data. As cyber matters evolve, these policies continue to adapt—balancing innovation with safety.

Future of Cyber Defense

With the rise of AI, quantum computing, and smart devices, the future of cybersecurity will rely heavily on automation, predictive security, and advanced analytics. Threat intelligence platforms, biometric authentication, and blockchain-based identity systems are shaping a more secure digital world.

Conclusion

Cybersecurity isn’t just a technical responsibility—it’s part of digital citizenship. As cyber threats grow, so must awareness, preparedness, and resilience. Protecting digital footprints, securing data, and adopting responsible online behavior are key steps toward a safer, smarter digital future.

17Oct, 2025

Regular bail – Allegations of sexual assault on a minor girl – No DNA match between the accused and the victim – Delhi High Court

🏛️DELHI HIGH COURT 🏛️

HARISH vs STATE CRLMC 1481/25 10/10/25

Section 483 read with Section 528 BNSS POCSO ACT , 2012 Sections 6 and 21 Section 376AB IPC Regular bail application – Allegations of sexual assault on a minor girl – No DNA match between the accused and the victim – CCTV evidence inconclusive and not placing the accused in the classroom – Victim failed to identify the accused during deposition Prosecution failed to establish strong prima facie grounds of involvement – Bail granted subject to stringent conditions to ensure trial integrity and safety of victim and witnesses.

Relevant Paras

12. Thus, it emerges that the child has not identified the Applicant during

deposition, the CCTV does not place him in the classroom, and the FSL report discloses no DNA linkage. Without pre-judging credibility or the merits reserved for trial, these features at least create a prima facie doubt as to the Applicant’s involvement. A case for release on bail is therefore made out, subject to stringent conditions to safeguard the child and the integrity of the proceedings.

13. The nominal roll dated 24th June 2025 records that the Applicant has BAIL APPLN. 1481/2025 Page 8 of 10remained in custody for 1 year, 1 month and 23 days, and his jail conduct is noted to be satisfactory. The principal witnesses, including the child and her parents, have already been examined. The Applicant has no criminal antecedents and is a young man who supports his family. In these circumstances, with investigation concluded, charge sheet filed, and the key witnesses examined, continued incarceration risks straying into pre-trial punishment rather than serving the purposes of securing the proceedings. Liberty, once constrained, must be justified, not presumed.

14. In light of the foregoing discussion, the Applicant is directed to be released on bail on furnishing a personal bond for a sum of INR 25,000/- with one surety of the like amount, subject to the satisfaction of the Trial Court/Duty MM, on the following conditions:

To see the Judgment Click here

Harish vs State of NCT of Delhi Judgment Delhi High Court Bail order Pocso

10Oct, 2025

Empowering Business Transactions: Mastering Corporate and Commercial Law for Sustainable Growth

In today’s dynamic business environment, Corporate and Commercial Law plays a crucial role in ensuring smooth operations, legal compliance, and sustainable growth for enterprises of all sizes. From company formation and mergers to contracts, governance, and dispute resolution, this branch of law provides the legal backbone for every commercial activity.

Corporate and Commercial Law governs the relationships, rights, and obligations of businesses, shareholders, directors, and third parties. It helps organizations operate efficiently while minimizing legal risks. Whether it’s drafting watertight contracts, managing mergers and acquisitions, ensuring regulatory compliance, or resolving business disputes, corporate and commercial law ensures that businesses run on strong legal foundations.

A major aspect of this law is corporate governance, which defines how businesses are directed and controlled. It ensures accountability, fairness, and transparency in a company’s relationship with its stakeholders. Similarly, commercial law regulates transactions, trade practices, and agreements, ensuring that every deal or partnership is legally sound and enforceable.

For startups and established corporations alike, understanding and adhering to corporate and commercial law is vital. Businesses that neglect compliance face penalties, lawsuits, and reputational harm. On the other hand, companies that integrate strong legal frameworks can confidently pursue expansion, attract investors, and maintain ethical standards.

In essence, Corporate and Commercial Law is not just about legal protection—it’s a strategic enabler of business growth. With expert legal guidance, businesses can navigate complex regulatory landscapes, negotiate effectively, and operate with confidence in both domestic and international markets.

4Oct, 2025

Financial Horizons: Navigating the Complex World of Banking, Finance, and Insurance

The modern financial ecosystem is vast and dynamic, encompassing banking, finance, and insurance—three pillars that collectively shape economic stability and individual prosperity. Understanding their interplay is essential for making informed financial decisions and safeguarding assets.

Banking forms the backbone of the financial system, offering services such as savings and current accounts, loans, credit facilities, and investment solutions. Banks not only facilitate transactions but also play a critical role in economic growth by providing credit to individuals and businesses. With the advent of digital banking, services have become faster, more accessible, and highly customer-centric, though cybersecurity and fraud prevention remain ongoing challenges.

Finance extends beyond banking, encompassing investment management, corporate finance, stock markets, and financial planning. Sound financial management ensures efficient allocation of resources, risk mitigation, and long-term wealth creation. Individuals and organizations alike must navigate interest rates, market fluctuations, taxation, and regulatory frameworks to optimize returns while minimizing risk.

Insurance provides a safety net against unforeseen events, safeguarding individuals and businesses from financial losses due to accidents, illnesses, property damage, or liability claims. From life insurance to health coverage, property insurance, and specialized business policies, insurance products offer peace of mind and financial resilience. Understanding policy terms, coverage limits, and claims procedures is crucial for maximizing benefits.

The convergence of these sectors highlights the importance of financial literacy, regulatory compliance, and strategic planning. In an era marked by technological advancements, economic volatility, and global interconnectedness, staying informed empowers individuals and businesses to make confident financial choices, protect assets, and achieve sustainable growth.

Ultimately, navigating the world of banking, finance, and insurance requires knowledge, vigilance, and foresight—tools that transform challenges into opportunities on the horizon of financial prosperity.

30Sep, 2025

Safeguarding Ideas: The Dynamic Realm of Intellectual Property Law

In today’s knowledge-driven economy, creativity and innovation are the cornerstones of progress. Intellectual Property (IP) Law plays a crucial role in protecting these creations, ensuring that individuals, businesses, and innovators receive recognition and economic benefit from their ideas. By safeguarding everything from artistic works to technological inventions, IP law not only protects creators but also fuels competition, investment, and overall economic growth.

What is Intellectual Property Law?

Intellectual Property Law is a legal framework designed to protect intangible assets that are the product of human intellect. These assets include inventions, literary and artistic works, symbols, names, designs, and even trade secrets. Unlike physical property, IP is not tangible, yet it holds immense commercial and social value.

Types of Intellectual Property Rights (IPR)

Copyrights – Protect literary, artistic, musical, and dramatic works.
Trademarks – Secure brand names, logos, slogans, and distinctive signs that differentiate goods or services.
Patents – Provide exclusive rights to inventors for their unique inventions or processes.
Designs – Safeguard the aesthetic or ornamental aspects of products.
Geographical Indications (GI) – Identify goods originating from a specific region, known for their unique qualities (e.g., Darjeeling Tea).
Trade Secrets – Protect confidential business information, techniques, or formulas that provide a competitive edge.

Why is IP Law Important?

Encourages Innovation: Assures creators that their work will be protected.
Fuels Economic Growth: Promotes investment in research, development, and branding.
Protects Consumers: Prevents misuse of brand identity and ensures product authenticity.
Global Competitiveness: A strong IP system helps nations compete in international markets.

Challenges in IP Law

Despite its importance, IP law faces numerous challenges in the digital age. Piracy, counterfeiting, and unauthorized use of content are rampant across industries. The rise of artificial intelligence, biotechnology, and digital platforms has also raised complex legal questions about ownership and enforcement. Addressing these challenges requires robust legislation, global cooperation, and advanced enforcement mechanisms.

Conclusion

Intellectual Property Law is more than just a protective shield—it is a driver of progress. By securing the rights of creators and innovators, it fosters a culture of creativity and entrepreneurship. In an era where knowledge is power, safeguarding intellectual property is essential for building a sustainable and competitive future.

26Sep, 2025

Divorce Law: Navigating Separation with Rights and Responsibilities

Marriage is considered a sacred bond, but when it no longer serves the well-being of the couple, separation sometimes becomes the only way forward. Divorce law provides a structured legal process for dissolving a marriage while ensuring fairness, dignity, and justice for both parties. It balances personal freedom with legal responsibilities, safeguarding the rights of spouses and children involved.

What is Divorce Law?

Divorce law is the branch of family law that governs the legal termination of a marriage. It sets out the grounds on which a divorce can be granted, the procedure to be followed, and the rights and obligations of each spouse after separation.

Grounds for Divorce

The specific grounds may vary depending on jurisdiction, but commonly include:

Mutual Consent – When both parties agree to end the marriage.
Cruelty – Mental or physical cruelty making it impossible to continue living together.
Adultery – When one spouse engages in extramarital relations.
Desertion – Abandonment by one spouse for a defined period.
Conversion or Religion Change – When one spouse converts to another religion without the consent of the other.
Mental Disorder or Illness – In cases where one spouse suffers from conditions that make married life untenable.

Key Aspects Covered Under Divorce Law

Division of Property: Ensures fair distribution of marital assets.
Maintenance and Alimony: Provides financial support to the dependent spouse.
Child Custody and Guardianship: Prioritizes the welfare of children while deciding custody, visitation rights, and support.
Women’s Rights: Offers special protection to ensure that women are not left financially or socially vulnerable after separation.

Why Divorce Law is Important

Protects Individual Freedom: Ensures the right to exit an unhappy or harmful marriage.
Maintains Fairness: Balances responsibilities between spouses during and after separation.
Protects Children: Prioritizes the best interests of minors in custody and support matters.
Promotes Social Justice: Prevents exploitation and upholds dignity in sensitive family matters.

Challenges in Divorce Law

Despite its significance, divorce law faces challenges such as lengthy legal proceedings, emotional trauma, financial burden, and societal stigma. Many individuals, especially women, find it difficult to access justice due to lack of awareness or financial independence. There is a growing need for reforms that ensure speedy, fair, and sensitive handling of divorce cases.

Conclusion

Divorce law is not about breaking families—it is about providing individuals with a dignified legal path when a marriage cannot survive. By safeguarding rights, ensuring responsibilities, and prioritizing fairness, divorce law helps individuals rebuild their lives while protecting the well-being of children and society.