Advocate Sharda Ahuja

LAW = COMMON SENSE  The Invisible Hand that Shapes Civilization What if we lived in a world without rules? Chaos, confusion, and conflict would reign. That’s why every civilization ancient or modern built something powerful yet invisible: law . Law is not just a book of punishments or technical jargon in courtrooms. It’s the heartbeat of civilization  guiding fairness, protecting freedom, and turning morality into justice. Let’s travel through time to explore how law was born, how jurists shaped its meaning, and how India became home to one of the most sophisticated legal systems in the world. The Origin of Law — When Order Defeated Chaos Long before written codes or courts existed, humans followed simple customs. Communities formed rules for survival: don’t steal, respect elders, keep promises. These customs became the first laws , passed orally through generations. In India, law was rooted in dharma  a blend of moral, spiritual, and legal duties. Texts like t...

1. Control Test (Traditional Test) Core Question: Does the employer have the right to control what , how , and when the work is done? Indicators: Employer supervises and directs the manner of work. Power to dismiss, discipline, and give instructions. Landmark Case: Dharangadhra Chemical Works Ltd. v. State of Saurashtra (AIR 1957 SC 264) — control and supervision are key indicators of employment. 2. Integration / Organisation Test Core Question: Is the worker integrated into the business or merely an accessory to it? Indicators: Work is part and parcel of the organization. Employee represents the organization’s image, not an independent enterprise. Case: Whittaker v. Minister of Pensions (1967) — trapeze artist was employee as she was part of the circus organization. 3. Economic Reality Test Core Question: Is the worker economically dependent on the employer or operating their own business? Indicators: Who provides tools/equipmen...

A Landmark Judgment Ensuring Accountability in Criminal Justice In India, many victims of crime face a frustrating reality police refusing to register their complaints. The landmark Supreme Court judgment in Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1 changed this forever by holding that registration of an FIR is mandatory when a cognizable offence is disclosed. Facts of the Case Lalita Kumari, a minor girl, was allegedly kidnapped. Her father went to the police station to lodge a complaint, but the police refused to register an FIR and instead began a “preliminary inquiry.” Feeling helpless, her father approached the Supreme Court under Article 32 of the Constitution , seeking justice and directions to ensure that police must register FIRs without delay in cognizable offences. ⚖️ Legal Issue The core issue before the Constitution Bench was: “Is registration of an FIR under Section 154(1) CrPC mandatory when information discloses a cognizable offence, or can ...

Crime has been a subject of deep human curiosity since the dawn of civilization. Every society defines what is “wrong” differently  but what makes something a crime is when it becomes punishable by law . Let’s trace the journey of the concept of crime from its linguistic origins to how it is legally understood under the new Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) in India. Where Does the Word “Crime” Come From? The word crime comes from the Latin root cernō , meaning “I decide” or “I give judgment.” The Latin crīmen originally meant “charge” , “accusation” , or “cry of distress.” Its Greek equivalent , krima , referred to an offence against the community , not just a personal sin showing that crime was always viewed as a social wrong , not merely a private injury. By the 13th century , English adopted crime from Old French crimne to mean “sinfulness” . Over time, its meaning shifted from a moral fault to a legal offence punishable b...

Case: Seeman v. State of Tamil Nadu & Anr. Case No.: SLP (Crl) No. 3287 of 2025 Bench: Justices B.V. Nagarathna & R. Mahadevan Date: 8 October 2025 🧩 Background Tamil film director and politician Senthamizhan Seeman was facing criminal proceedings arising out of a complaint filed by an actress, alleging that he had entered into a sexual relationship with her on a false promise of marriage between 2007–2011. The FIR, registered in Chennai, included serious charges under: Sections 417 , 420 , 354 , 376 , and 506(1) of the IPC, and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998. The Madras High Court had earlier refused to quash the FIR, observing that the allegations required a trial. Seeman then approached the Supreme Court by filing a Special Leave Petition (Crl) No. 3287 of 2025. ⚖️ Proceedings Before the Supreme Court During the hearing, the Supreme Court bench facilitated amicable settlement discussions between the partie...