LEGAL PERSPECTIVES

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Constitutional Law
Global Interest Litigation (2020): A Petition to the International Court of Justice on the Veto and the 'Basic Structure' of the UN Charter
In April 2020, Shashank Shri Tripathi, Advocate, prepared a 'Global Interest Litigation' addressed to the International Court of Justice. It argued that the UN Charter has a basic structure – its Preamble, Purposes and Principles – and that the Security Council veto and certain other provisions are inconsistent with it. This note explains what the petition asked for, the legal limits on bringing such a petition, and why the questions it raised are still debated.
Shashank Shri Tripathi, Adv October 31, 2026
Criminal Defense
सत्र न्यायालय से जमानत खारिज? धारा 483 बीएनएसएस के अंतर्गत इलाहाबाद उच्च न्यायालय में जमानत
उत्तर प्रदेश में सत्र न्यायालय से जमानत खारिज होने के बाद सामान्य रास्ता बीएनएसएस की धारा 483 के अंतर्गत इलाहाबाद उच्च न्यायालय में जमानत अर्जी है। इस लेख में बताया गया है कि यह अर्जी कैसे काम करती है, राज्य, सूचनादाता और पीड़ित को सूचना, एससी/एसटी एक्ट के मामलों में अपील का रास्ता, उच्च न्यायालय किन बातों पर विचार करता है, कितना समय लगता है, और आगे क्या विकल्प हैं।
Shashank Shri Tripathi, Adv October 29, 2026
Criminal Defense
Anticipatory Bail in Uttar Pradesh Under Section 482 BNSS: Who Can Apply, Restrictions, and Sessions Court or High Court
Anticipatory bail was abolished in Uttar Pradesh in 1976 and restored in 2019 with exceptions. It is now governed by Section 482 of the BNSS. This article explains who can apply, whether the 2019 Uttar Pradesh restrictions for NDPS, Gangsters Act and capital cases still apply, the bars that remain, whether the Sessions Court must be approached before the Allahabad High Court, and how long the protection lasts.
Advocate Arvind Tripathi October 29, 2026
Criminal Defense
Bail Rejected by the Sessions Court? Applying for Bail in the Allahabad High Court Under Section 483 BNSS
When a Sessions Court in Uttar Pradesh refuses bail, the usual next step is a bail application before the Allahabad High Court under Section 483 of the BNSS. This article explains how that application works, the notice that must be given to the State and, in some cases, to the informant or victim, the different route in SC/ST Act cases, the factors the High Court weighs, how long it ordinarily takes, and what can be done if the High Court also refuses bail.
Shashank Shri Tripathi, Adv October 27, 2026
Armed Forces Tribunal
Disability Pension for Ex-Servicemen After the Supreme Court's September 2026 Ruling: Who Must Prove What, and How to Claim
On 15 September 2026, in Union of India v. Col. N.C. Isaac, the Supreme Court dismissed about 271 appeals filed by the Union against grants of disability pension and clarified who bears the burden of proof under the Entitlement Rules. This article explains the presumption in favour of the soldier, the fifteen-year exception, the weight given to Medical Board opinions, the 2026 rulings on broad-banding arrears, and the route from a rejected claim to the Armed Forces Tribunal.
Shri Law Editorial Board October 22, 2026
Criminal Defense
Cheque Bounce Cases Under Section 138 NI Act in 2026: Deadlines, Defences, Settlement and the Supreme Court's Latest Rulings
A dishonoured cheque can lead to a criminal case, but only if strict statutory deadlines are met. This article explains each step under Section 138 of the Negotiable Instruments Act, the presumption against the drawer and how it is rebutted, the liability of company directors, interim compensation, and the graded settlement costs laid down by the Supreme Court in Sanjabij Tari (2025), together with the Court's 2026 rulings on delay, presumption, multiple cheques and directors.
Shri Law Editorial Board October 19, 2026
Criminal Defense
Bail in PMLA Cases After Long Custody: Section 45, Article 21 and the Supreme Court's October 2026 Ruling in Sanjay Sureka
Section 45 of the PMLA makes bail difficult, but not impossible. On 14 October 2026 the Supreme Court granted bail to an accused in a Rs. 6,210 crore money-laundering case after more than 20 months in custody, holding that the twin conditions cannot override Article 21, while also ruling that a five-day delay in forwarding arrest material under Section 19(2) did not make the arrest illegal. This article explains the statutory framework, the arrest safeguards, when long custody justifies bail, and what an accused should prepare.
Harsh Yadav, Adv October 19, 2026
Banking & Debt Recovery
Bank Has Issued a SARFAESI Notice or Taken Possession? Challenging the Action Before the DRT Under Section 17
A SARFAESI notice allows a bank to take possession of a home, factory or shop and sell it without going to court first. The law does, however, give borrowers, guarantors and other affected persons a specific remedy: an application to the Debts Recovery Tribunal under Section 17, which must be filed within 45 days. This article explains each stage of SARFAESI action, what can be challenged and when, the defects tribunals examine, and why a writ petition to the High Court is usually not the first remedy.
Shri Law Editorial Board October 13, 2026
Supreme Court Practice
Lost in the High Court? When the Supreme Court Will Hear a Special Leave Petition Under Article 136
A Special Leave Petition is the usual route to the Supreme Court against a High Court judgment, but it is not an appeal as of right. The Court decides first whether to grant leave at all, and it does so only in exceptional cases. This article explains the constitutional basis of the remedy, the test the Court applies, the time limits and filing requirements under the Supreme Court Rules, 2013, what a dismissal of the petition means, and the limited remedies that remain afterwards.
Shashank Shri Tripathi, Adv October 13, 2026
Criminal Defense
Bail Conditions Under the BNSS: What Courts Can and Cannot Impose After the Supreme Court's 2026 Rulings
Getting bail is only half the battle; the conditions attached to it can decide whether an accused can keep a job, travel, or run a business. In 2026 the Supreme Court twice intervened on bail conditions — clarifying when Section 480(3) of the BNSS applies, and declaring degrading conditions void. This article explains what the law actually permits, corrects a widespread misreading of the April 2026 ruling, and sets out how an onerous condition can be challenged.
Shri Law Editorial Board October 3, 2026
Criminal Defense
Quashing Criminal Proceedings in a Commercial Dispute: When Cheating & Breach of Trust Are Really a Civil Matter (Section 528 BNSS)
A failed business investment or an unpaid commercial debt is not automatically a crime. Where an FIR or charge-sheet for cheating and criminal breach of trust is, in substance, a recovery dispute dressed up as a criminal case, the Allahabad High Court can quash the proceedings under Section 528 of the BNSS. This article explains the governing tests, the leading Supreme Court authorities, and what an accused must actually show.
Advocate Arvind Tripathi September 11, 2026
NCLT & Company Law
When a 50:50 Company Turns Into a Founder Deadlock: Oppression, Mismanagement and Competing Business under Sections 241-242
Two founders, equal shares, no casting vote, and a relationship that has broken down. When one founder starts a competing business and the board stops functioning, what can the other actually do? This article examines oppression, mismanagement and deadlock remedies before the NCLT under Sections 241 and 242 of the Companies Act, 2013.
Shri Law Editorial Board August 19, 2026
Criminal Defense
Can the Allahabad High Court Quash an FIR? Section 528 BNSS and the Bhajan Lal Principles
The High Court can quash an FIR, but the power is exceptional and discretionary. This article explains when an accused may seek quashing of criminal proceedings before the Allahabad High Court under Section 528 BNSS and Article 226, applying the Bhajan Lal principles and the rule against conducting a mini-trial.
Advocate Arvind Tripathi August 17, 2026
Criminal Defense
Understanding Bail & Anticipatory Bail Jurisprudence under BNSS & CrPC
Bail is the rule, and jail is the exception—a fundamental constitutional principle reinforced by the Supreme Court of India across decades. This article examines statutory parameters governing regular and anticipatory bail before the Allahabad High Court and trial courts.
Advocate Arvind Tripathi June 18, 2026
Armed Forces Tribunal
Disability Pension & Service Matters Before the Armed Forces Tribunal (AFT)
An overview of the Armed Forces Tribunal's jurisdiction and of disability pension claims before its Principal Bench and Regional Benches, including the presumption of fitness on entry into service and the rounding-off of disability percentages.
Shri Law Editorial Board May 24, 2026
Criminal Defense
NDPS Search and Seizure: Section 50, Section 52A Sampling, and How Lapses Affect Trial and Bail
In an NDPS case, the way the search was carried out and the way samples were drawn can decide whether the recovery stands. This article explains the right under Section 50 to be searched before a Gazetted Officer or Magistrate, when that right does and does not apply, the Section 52A sampling procedure, and what the Supreme Court has said about the effect of lapses on the trial and on bail.
Advocate Arvind Tripathi April 12, 2026
Commercial Litigation
Writ Petitions in Commercial Disputes: Article 226, Arbitration and Government Contracts
How the writ jurisdiction of High Courts under Article 226 operates alongside commercial arbitration, particularly where government bodies or public sector undertakings act arbitrarily in tender, blacklisting and bank guarantee matters.
Shri Law Editorial Board November 15, 2025

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Global Interest Litigation (2020): A Petition to the International Court of Justice on the Veto and the 'Basic Structure' of the UN Charter

सत्र न्यायालय से जमानत खारिज? धारा 483 बीएनएसएस के अंतर्गत इलाहाबाद उच्च न्यायालय में जमानत

Anticipatory Bail in Uttar Pradesh Under Section 482 BNSS: Who Can Apply, Restrictions, and Sessions Court or High Court

Bail Rejected by the Sessions Court? Applying for Bail in the Allahabad High Court Under Section 483 BNSS

Disability Pension for Ex-Servicemen After the Supreme Court's September 2026 Ruling: Who Must Prove What, and How to Claim

Cheque Bounce Cases Under Section 138 NI Act in 2026: Deadlines, Defences, Settlement and the Supreme Court's Latest Rulings

Bail in PMLA Cases After Long Custody: Section 45, Article 21 and the Supreme Court's October 2026 Ruling in Sanjay Sureka

Bank Has Issued a SARFAESI Notice or Taken Possession? Challenging the Action Before the DRT Under Section 17

Lost in the High Court? When the Supreme Court Will Hear a Special Leave Petition Under Article 136

Bail Conditions Under the BNSS: What Courts Can and Cannot Impose After the Supreme Court's 2026 Rulings

Quashing Criminal Proceedings in a Commercial Dispute: When Cheating & Breach of Trust Are Really a Civil Matter (Section 528 BNSS)

When a 50:50 Company Turns Into a Founder Deadlock: Oppression, Mismanagement and Competing Business under Sections 241-242

Can the Allahabad High Court Quash an FIR? Section 528 BNSS and the Bhajan Lal Principles

Understanding Bail & Anticipatory Bail Jurisprudence under BNSS & CrPC

Disability Pension & Service Matters Before the Armed Forces Tribunal (AFT)

NDPS Search and Seizure: Section 50, Section 52A Sampling, and How Lapses Affect Trial and Bail

Writ Petitions in Commercial Disputes: Article 226, Arbitration and Government Contracts

Submit a Guest Article

Submit a
Guest Article