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.
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.
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.
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.
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.
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.
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.
Navigating military service law requires specialized expertise in defense pension regulations and tribunal procedures. We analyze landmark judgments on disability pension rounding-off and court-martial appeals before the Principal Bench and Regional Benches of the AFT.
Strict adherence to statutory safeguards during search and seizure operations is vital in NDPS prosecutions. This paper explores procedural lapses under Section 50 of the NDPS Act that vitiate trial proceedings and warrant immediate bail.
An analysis of recent statutory amendments regarding independent directors and corporate governance. We examine how constitutional writ jurisdictions under Article 226 intersect with commercial arbitration and regulatory enforcement.