Anticipatory bail- whether limited in time? Supreme Court’s view in 2020.

The Supreme Court’s five judges’ bench, in Sushila Aggarwal v. State of NCT of Delhi (decided on 29th Jan 2020), has decided the conflict of opinions among its different previous benches of varying strengths. The question is regarding the time limit of protection from arrest afforded to an accused/applicant while granting anticipatory bail to them. Read More »

Invocation of MCOCA: At least one offence under MCOCA after commencement of the Act necessary.

The Maharashtra Control of Organised Crime Act, 1999, is  a special penal statute enacted to curb the activities of organised crime syndicates. It seeks to penalise the offence of organised crime defined under Act. However, an interesting issue arises as to the application of the Act vis-a-vis the previous offences committed by an accused. Let’s understand.Read More »

Suit for mandatory injunction vis-a-vis suit for possession with reference to court-fee.

It has often been seen that a suit for mandatory injunction is filed in trial courts in India praying relief of eviction of the defendant and handing over of possession to plaintiff instead of a suit for possession. The difference between the two is crucial to be understood as there is a massive difference in the court fees payable in case of the two suits. Let’s check it out.Read More »