Advocate Sharda Ahuja

In a notable judgment, the Rajasthan High Court at Jodhpur has upheld the right of litigants to seek a full refund of court fees when a matter is settled through Alternative Dispute Resolution (ADR) mechanisms even after a decree is passed and during execution proceedings . 📌 Case Snapshot Case Title : Harish Madhan v. Kshema Power & Infrastructure Co. Pvt. Ltd. Citation : S.B. Civil Writ Petition No. 13265/2025 Date of Judgment : 17th July 2025 Judge : Hon’ble Mr. Justice Arun Monga ⚖️ Background Harish Madhan, the petitioner, filed a recovery suit in 2023, which was decreed ex-parte in his favour in February 2024. During execution proceedings, the parties settled the matter through conciliation , and the case was disposed of via the National Lok Adalat in December 2024. Relying on Section 65-B of the Rajasthan Court Fees & Suit Valuation Act, 1961, Harish sought a refund of the court fees paid. However, the trial court rejected the application, stating...

In today’s fast-paced business world, time is money  and lengthy courtroom battles can drain both. Enter Commercial Arbitration : a modern, efficient, and confidential way to resolve disputes without stepping into a courtroom . Let’s dive into what makes arbitration a smart choice for businesses. ✅ What is Commercial Arbitration? Commercial arbitration is a private dispute resolution process where parties in a commercial contract agree to submit disputes to an independent arbitrator or arbitral tribunal , rather than a public court. It’s voluntary, binding , and governed by contractual terms and statutory laws (in India, the Arbitration and Conciliation Act, 1996 ). 📈 Why Businesses Prefer Arbitration Speedy Resolution Courts are overburdened. Arbitration offers time-bound proceedings and faster outcomes. Confidentiality Unlike court cases, arbitration proceedings are private , protecting sensitive business information. Party Autonomy Parties have the freedom t...

A recent Supreme Court order has breathed new life into India's complex surrogacy landscape, offering hope to many aspiring parents struggling under restrictive regulations. The case of Arun Muthuvel vs. Union of India, decided on February 23, 2024, centered on challenges to the Surrogacy (Regulation) Rules, 2022, and specifically its controversial amendments from March 2023. Here's why this ruling matters: The Core Issue: The "Both Gametes" Mandate The 2023 amendments had imposed a strict requirement: only couples using both their own eggs and sperm (gametes) could pursue surrogacy. This posed an insurmountable barrier for: 1.  Couples facing medical infertility: Where one partner couldn't produce viable gametes (e.g., azoospermia in men, premature ovarian failure in women). 2.  Single Women (Widows/Divorcees): Who were effectively barred as they couldn't provide both gametes themselves. The 2024 Amendment: A Pragmatic Shift Just days before the hearing (Feb ...

📰 Bombay High Court upholds Family Court’s decision: No reunion, no maintenance only finality In a poignant judgment delivered on 17 July 2025 , the Bombay High Court finally put to rest a tumultuous matrimonial saga that had stretched over a decade, emphasizing the importance of evidence, good faith, and the real spirit behind petitions for restitution of conjugal rights. 📍Case Snapshot: Parties Married : 12 December 2013 Separated : Since 14 December 2014 Wife Filed : Petition for Restitution of Conjugal Rights (Section 9 HMA) Husband Filed : Counterclaim for Divorce on grounds of cruelty and desertion Family Court : Dismissed wife’s petition, granted husband a decree of divorce Bombay HC : Upheld the decree and dismissed appeal 🧩 The Legal Chessboard: Claims vs. Counterclaims The wife alleged she was forced into household chores, harassed, and denied employment by her in-laws. However, during cross-examination, she admitted there were full-time domestic...

The Story Doesn’t End With the Judgment. So you went through a lengthy legal battle, the judge ruled in your favor, and you finally won the case . Congratulations! But weeks pass… and there’s still no money, no property handover, no compliance. What next? That’s where the real game begins  execution of the decree. What is an Execution Petition? In simple terms, an execution petition is a legal plea to the court saying: "I’ve won. Now make them obey the court’s order." It is filed under Order 21 of the Code of Civil Procedure, 1908 (CPC) and is the legal route to enforce a decree or judgment —be it for recovery of money, possession of property, or specific performance. When Do You File It? ✅ You win a money recovery suit and the opposite party doesn’t pay. ✅ You win a possession suit, but the loser refuses to vacate. ✅ You get a decree for specific performance, but the other party doesn’t execute the sale deed. You don’t need a new case. You simply approach th...

❗"If the machine says 412 before you even blow into it can we trust it after?" In a recent ruling that throws light on procedural lapses in drunk driving cases, the Kerala High Court quashed charges under Section 185 of the Motor Vehicles Act against a man accused of driving under the influence. Why? Because the breathalyzer test itself was flawed . 📌 Background: What Happened? Saran Kumar, a 33-year-old resident of Thiruvananthapuram, was stopped by police near the Medical College-Kumarapuram road on 30th December 2024. Allegedly driving in a rash and negligent manner, he was arrested on suspicion of drunken driving. The charges? 🛑 Section 185, 181, and 3(1) of the Motor Vehicles Act ⚠️ Section 281 of the Bharatiya Nyaya Sanhita (BNS)  for rash driving endangering human life. But Saran fought back arguing that the test which formed the core evidence against him was fundamentally unreliable. 🔬 What Went Wrong with the Test? Let’s decode the technical failu...

When Damodara Panicker, a Kerala resident, passed away, a bitter inheritance dispute unfolded. He had two daughters from his first marriage and later remarried. Before his death, he executed a Will, leaving most of his property to his second wife and including a conditional clause regarding one of his daughters' inheritance. The daughter from the first marriage, Sindhu Ajayan, filed a partition suit, claiming her rightful share. ⚖️ The Legal Journey 1. Trial Court: Upheld the Will. 2. First Appellate Court: Reversed it, calling the Will “suspicious.” 3. Supreme Court: Remanded the matter back for proper legal scrutiny. 4. Kerala High Court (2025): Restored the Trial Court’s decision and validated the Will. 🔍 Key Legal Questions 1. Can courts raise issues not pleaded by parties? 2. Is disinheriting a legal heir, like a daughter, inherently suspicious? 3. Can courts suo motu doubt a Will that wasn't even directly challenged? What the Court Held: Suo motu suspicion by the First A...

“Institutional credibility is harmed when courts extend relief without reason.” – Supreme Court of India In a sharp reminder to judicial discipline, the Hon’ble Supreme Court recently pulled up the Karnataka High Court for its unwarranted interference under writ jurisdiction in a SARFAESI matter. 🏦 The Case in Brief: LIC Housing Finance Ltd. had issued demand notices totaling ₹72 crore (₹41 Cr + ₹31 Cr) to a defaulting borrower, Nagson and Company , under Section 13(2) of the SARFAESI Act, 2002 . The borrower rushed to the High Court and secured an interim order that barred LIC from proceeding further merely by offering to pay ₹5 crore. No reason. No detailed scrutiny. Just relief on request. Even worse this interim relief was continued for 30+ months , despite no final hearing. ⚖️ What the Supreme Court Said: High Courts must exercise caution and restraint while interfering with actions taken under SARFAESI. The practice of granting interim orders without recording ...

When justice meets complexity, the Supreme Court of India often walks a fine line. A recent judgment delivered on July 14, 2025 , has raised important questions about the limits of settlement in criminal law especially in grave offences like rape (Section 376 IPC). 🧩 The Background In Jalgaon, Maharashtra, two FIRs were lodged back-to-back in November 2023: First FIR : Alleged assault by a group due to a family dispute (Sections 324, 452, 506, IPC, etc.). Second FIR : The very next day, a serious accusation of sexual assault, stalking, and intimidation was made against one of the original complainants' fathers. What followed was a legal rollercoaster . The accused sought to quash both FIRs, relying on an affidavit by the complainant who: Claimed she did not wish to pursue prosecution , Confirmed she had received ₹5 lakh for marriage-related expenses , and Asserted that the matter had been amicably resolved . But the Bombay High Court refused, holding that...

“Can I file a complaint if the police refuse to register my FIR?” “What’s the difference between a complaint and an FIR?” “Can I get arrested without notice?” Most Indians face these doubts only when trouble knocks on the door. Let’s fix that. This blog is your go-to guide to understanding how to deal with the police in India—legally, confidently, and smartly. 🧾 What is a Police Complaint? A police complaint is a written or oral report made to the police about any non-cognizable offence (less serious crimes like public nuisance, verbal threats, cheating, etc.). It’s not the same as an FIR. The police may not act immediately unless a Magistrate permits investigation. ✅ Tip: Always take a receiving copy (signed and stamped) for your records. 🔥 What is an FIR? An FIR (First Information Report) is registered only for cognizable offences like: Murder, rape, assault, theft, dowry death, cybercrime, etc. These allow police to arrest without a magistrate'...

Mr. Prashant Narnaware, an employee of Vijaya Bank, resigned from a promoted post before completing the mandatory 3-year tenure. As per Clause 11(k) of his appointment letter, he was required to pay ₹2 lakhs as liquidated damages a clause he complied with under protest before approaching the High Court. The High Court sided with the employee, but the Supreme Court reversed this decision, validating the employer's clause. Key Legal Questions: 1. Does a bond clause like Clause 11(k) amount to a restraint of trade under Section 27 of the Indian Contract Act? 2. Is such a clause opposed to public policy under Section 23 of the Act? 3. Is it violative of Articles 14 or 19(1)(g) of the Constitution? Supreme Court’s Reasoning: 1. No Restraint of Trade: The Court reiterated the Golikari principle that restrictive covenants during the term of employment are valid. Since the bond only enforced a commitment for three years and imposed a financial consequence for early exit not a ban on future...

Salim P.M., a borrower, approached the Kerala High Court alleging that the State Bank of India took action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) without giving him a chance to be heard. He claimed: He was not served a proper notice . The Bank did not give him an opportunity to respond before initiating possession proceedings of his secured assets. His representations were not considered at all.  Key Observations: Natural Justice is a core principle, even under SARFAESI. Section 13(3A) of the Act mandates the consideration and disposal of borrower’s representation before further action. The bank cannot bypass the borrower’s right to be heard . The Court ordered that the bank reconsider Salim's representation and take further steps only after a reasoned decision. This judgment is a reminder to all banks and financial institutions : ✅ Borrowers must be given an opportunity to ...

Can your WhatsApp messages form a binding arbitration agreement? Belvedere (a UAE company) agreed to supply coal to SMN Pvt. Ltd. (merged with OCL Iron & Steel Ltd.). Deal negotiations, including quantity, price, shipping terms and arbitration clause, happened largely over WhatsApp and email . A formal signed contract was never returned by the buyer. When the buyer backed out, Belvedere invoked SIAC arbitration , claiming damages of $2.77 million . They moved the Delhi HC under Section 9 of the Arbitration Act for interim relief. 🔍 The Big Legal Question Is a contract enforceable  and arbitration binding  if it’s only on WhatsApp and email? Yes , said the Court. Here's why: ✅ WhatsApp = Writing under Law The court referred to Section 7(4)(b) of the Arbitration and Conciliation Act, 1996: “An arbitration agreement is in writing if it is contained in… any means of telecommunication… which provide a record of the agreement.” 💬 The Court found: M...

“Your phone conversations could be private but are they protected?” In a powerful judgment delivered on 2nd July 2025 , the Madras High Court revisited a constitutional dilemma that impacts every Indian citizen who owns a mobile phone: Can the government intercept your private phone calls? If yes, under what circumstances ? This was the heart of the dispute in P. Kishore v. Secretary to Government , a case that took the judiciary deep into the conflict between national security interests and the fundamental right to privacy . 🧠 Background: What Happened? P. Kishore, Managing Director of a Chennai-based education company, was accused of bribing a senior Income Tax official . To build the case, the CBI tapped Kishore’s phone , based on an order from the Home Ministry under Section 5(2) of the Telegraph Act, 1885. Kishore challenged this interception order, arguing that: There was no “public emergency” or “public safety” threat justifying the tap. His right to privacy unde...