Sumit Gupta

Anupam Pandey

Benami Transactions in India: A Historical and Legal Perspective

How do you explain your inaction against Patanjali for years? Supreme Court slams Uttarakhand Licensing Authority

Why Supreme Court warned Indian Medical Association President of serious consequences in Patanjali case

Anand Vardhan takes over as Piramal Group General Counsel

Supreme Court grants bail to man accused of non-consensual, unnatural sex against wife

2008 Serial Blasts: Delhi High Court denies bail to three Indian Mujahideen operatives

Vipin Nair elected President of Supreme Court Advocates-on-Record Association

Patanjali case: Uttarakhand licensing body apologises to Supreme Court

Hate Tracking handle Hindutva Watch moves Delhi High Court against blocking of X account

Why Madhya Pradesh High Court ordered Bar Council to assess mental state of a lawyer

Madhya Pradesh High Court denies relief to man convicted for planting explosive while posing as Muslim

Chief Minister not immune but...Arvind Kejriwal to Supreme Court

School Jobs for Cash Scam: Supreme Court orders no CBI action against West Bengal officials for now

Against national interest for CM Arvind Kejriwal to absent himself for long: Delhi High Court

Why Delhi High Court rejected plea seeking 6-year poll ban on PM Narendra Modi

Delhi High Court refuses to entertain PIL by former ED officer against ED and Section 66 PMLA

Today's Top Stories

Delhi High Court restrains Ashneer Grover from selling shares given by BharatPe co-founder Bhavik Koladiya

Naresh Goyal moves Bombay High Court for bail in PMLA case

SCL India to host International conference on Construction Arbitration in Mumbai on May 4

DHCBA files petition for expansion of Delhi High Court building, more courtrooms 

Piramal Group General Counsel SK Honnesh joins Kotak Mahindra Bank

White & Case Partner Sayak Maity joins Linklaters in Singapore

Jammu and Kashmir High Court refuses to quash defamation trial against Greater Kashmir

Do lawyers have to join a bar association after enrolment? Telangana High Court seeks BCI response

Co-operative Society Employees entitled to benefits under labour laws

Plea before Bombay High Court seeks allotment of 100 acres in Goregaon for new HC building 

Trilegal Counsel Anurag Shrivastav joins JSA as Partner

BJP leader files defamation case against Arvind Kejriwal, Atishi

Sharing Google pin location as bail condition hit by right to privacy under Article 21: Supreme Court

Well-meaning teacher not liable for suicide of hypersensitive student: Punjab & Haryana High Court

Why is State filing appeal against CBI probe into private party? Supreme Court in Sandeshkhali case

News

IBC provides best case scenario only for financial creditors, operational creditors losing: Om Prakash Ellanty

When government tells you what is right and wrong, it is not a democracy: Mishi Choudhary on Fact-Checking Units

Calcutta High Court has become a dumping ground for unwanted elements: Justice Sanjib Banerjee [Part II]

One Nation One Election: Former Chief Election Commissioners divided on expert panel report

Reporting corrupt judges who had friends in high places to CJI resulted in my transfer: Justice Sanjib Banerjee [Part I]

Interviews

A defense of ex-ante regulations and the Digital Competition Bill

Lawyers who shaped AAP’s legal defence over the years

MK Ranjitsinh v. Union of India: The Supreme Court's very own Sophie's Choice moment

A Marxist in the Supreme Court: Justice Chinnappa Reddy

Section 29-A: The elusive quest for expeditious dispute resolution

Beyond 'non-lawyers': Empowering allied professionals in India's legal landscape

Lok Sabha Elections 2024: Five judgments that showcase why elections in India are festivals of democracy

[Advocate's Diary] Essentials of a civil suit: Amendment of pleadings, return and rejection of plaints 

PM in your DMs: Privacy, politics and digital governance

Should the five-year law degree be reduced to a shorter duration?

Sharing is caring? The legal ramifications of defamatory retweets

How Priyadharshni Rahul fought against dowry demands, studied law and became a Supreme Court lawyer

EVM-VVPAT: History, controversy and how to vote

DMRC vs DAMEPL: A contest stranger than fiction

The Obiter Truth: The Ask

Traversing India's Intellectual Property landscape: Insights from the International IP Index

Columns

Trust Legal advises Yuvraj Singh on collaboration as official ambassador for ICC Men’s T20 World Cup 2024

Khaitan, JSA act on Texmaco Rail and Engineering QIP

SNG & Partners acts on Issuance of Non-Convertible Debentures by Vistaar Financial Services

VERTICES PARTNERS, Wadia Ghandy act on Gojo & Company investment in Ananya Finance

Khaitan, JSA act on Angel One QIP

SNG & Partners acts on Xcelerate acquisition of stake in Stirrup Communication Consultants 

Pioneer Legal, Trilegal, Aarambh Legal, VERTICES PARTNERS act on Altum Credo Series C fundraise

JSA assists in institutional placement of units by National Highways Infra Trust

BMW to drive with Tata: Khaitan and SAM on this JV

DSK Legal, Allen & Overy act on ReNew Energy and JERA Co joint project 

Pioneer Legal, Quillon, JM+P, Trilegal act on 360 OLVF investment in Rapidue

Khaitan & Co acts on Z3Partners investment in Wow Momo

Rajani Associates acts on ChrysCapital investment in La Renon Healthcare

Khaitan & Co, Shardul Amarchand Mangaldas act on Chalet Hotels QIP

AZB, Cyril Amarchand Mangaldas act on BlackRock - Jio Financial Services JV

Dealstreet

Group Companies Doctrine: Application of the Doctrine at the Referral Stage

Strategic Considerations before Incorporating Companies in Singapore

Wrongful interpretation of contract by Arbitral Tribunal - A violation of the Principles of Natural Justice

Harmony or Discord? Decoding Sections 9 and 17 of the Arbitration Act

Understanding Drag-Along Rights

Gujarat High Court on Attorney-Client Privilege in context of search and seizure operations under tax laws

Cybersquatting

Digital Personal Data Protection Act, 2023 - Impact on Banking Sector Outsourced Services

Enforceable Marketing Code for Pharma and Medical Device Companies

Can government lessor demand unearned increase in value from perpetual lessee when lessee merges with another company?

Navigating the legal landscape: Essential tips for doing business in India

Potential approach for Artificial Intelligence governance in India

Patent illegality vis-à-vis Infrastructure Arbitration

Modality of GST on Hostel Rent settled by Madras High Court?

Supreme Court answers whether the period of limitation for filing execution petition is 3 years or 12 years

The Viewpoint

NALSAR wins the National Moot Court competition held at NMIMS Mumbai

Jindal Global University enters into MoUs with seven leading Japanese universities 

NLUD emerges Semi-finalists in the international rounds of the 21st Oxford International IP Moot Court Competition

Pratapsinh Salunke takes over as Registrar in-charge at MNLU Mumbai

NLU Delhi emerges as Quarter-Finalists in the International Rounds of the 65th Philip C. Jessup International Law Moot

All you need to know about Alliance School of Law

UPSC 2023 results: How many law graduates cleared the exam?

RGNUL wins the 8th National Moot Court Competition held by Law College Dehradun

NALSAR emerges Semi-finalist in the 28th Stetson International Environmental Moot in Florida

NPAC course on Arbitration Law to begin on May 2 - Register now!

Manupatra releases survey report on experience of law students in learning through technology

Vivekananda Institute of Professional Studies wins the 6th National Moot Court Competition by GIBS

NLSIU Bangalore receives largest ever grant as JSW Group funds new academic block

Institute of Law, Nirma University wins the Delhi Metropolitan Education Moot Court Competition, 2024

Apprentice Lawyer

Litigation Law Office is looking to hire Associates in New Delhi

AMS Legal is looking to hire Principal Associate in Chennai

India International Jurists LLP is looking to hire Advocates in multiple profiles in New Delhi

Government Counsel for National Capital Territory of Delhi is looking to hire Associates

Law firm AQUILAW is looking to hire Labour Law and Employment Law Lawyer in multiple cities

Sarvottam Law Offices is looking to hire Senior Associates in New Delhi

Boutique Law Firm is looking to hire Senior Associate in Chennai

Litigation Chambers looking to hire Junior Associates

Pravda Law Associates is looking to hire Senior Associate / Associate in Chennai and Delhi

AKS Partners is looking to hire Principal / Senior Associate in Delhi

Esteemed Ed-Tech LLP is looking to hire Legal Counsel in Hyderabad

SD Partners is looking to hire Senior Associate / Associate in Delhi NCR and Mumbai

Bar & Bench is hiring a Social Media Manager

Law Office specializing in criminal and matrimonial laws looking to hire Associate in Delhi

Prosoll Law is looking to hire Associate - White Collar Crime in Delhi

MCO Legals (Meharia and Company) is looking to hire Associates in Delhi and Mumbai

Wadhwa Law Chambers is looking to hire IP Litigation Associates in Delhi

Kamal Gupta & Co is looking to hire Senior and Junior Associates in Delhi

AKS Partners is looking to hire Associates in Delhi

Migration and Asylum Project is looking for fellows to join Catalyst for Change Fellowship

SS Rana & Co is looking to hire for multiple roles in Delhi

ASP Advocates is looking to hire Senior Associate and Associate in Delhi

Areete Law Offices is looking to hire Senior or Principal Associates in Delhi

Chambers of Shirin Khajuria, Senior Advocate, Supreme Court is looking to hire Associate in Delhi

Jain Singh & Co is looking to hire Associates in Delhi

ATS Infrastructure Limited is looking to hire Legal Associates in Noida

Enact Legal is looking to hire Associates in Mumbai

Regius Legal LLP is looking to hire Litigation Associate in Mumbai

Circle of Counsels is looking to hire Associate / Senior Associate in Delhi

Yellow Wire Consulting brings exciting opportunity for Legal Recruitment Consultant

Legal Jobs

Abhimanyu Hazarika

Supreme Court refuses to review judgment directing ED to give written grounds of arrest to PMLA accused

Prashant Jha

Orally informing grounds of arrest to PMLA accused sufficient for arrests before Pankaj Bansal verdict: Delhi High Court

Debayan Roy

No violation of Section 19 PMLA if ED informs accused about grounds of arrest within 24 hours: Supreme Court

Sofi Ahsan

Supreme Court ruling on supply of grounds of arrest in writing to PMLA accused will apply retrospectively: Punjab and Haryana High Court

 Mantul Bajpai

Strengthening constitutional protections: The Supreme Court's pivotal verdict on written grounds for arrest under PMLA

Supreme Court judgment on supplying grounds of arrest in writing not applicable to UAPA: Delhi High Court

Centre tells Delhi High Court it will seek review of Supreme Court verdict in M3M case on supply of grounds of arrest to accused

NewsClick arrest: Delhi High Court says remand application did not disclose grounds of arrest; lawyer for accused not heard

Bar & Bench

ED must supply grounds of arrest to PMLA accused in writing: Supreme Court

Ratna Singh

[Jharkhand MLAs arrest] Comments by political leaders alone not ground to transfer probe from State Police to CBI: Calcutta High Court

Areeb Uddin Ahmed

Fear of death due to Covid ground for anticipatory bail; established parameters for grant of pre-arrest bail not relevant: Allahabad High Court

[Farmers Protests] Not carrying journalist card no ground for arrest: Journalist Mandeep Puniya in his bail plea before Delhi court

The Allahabad High Court on Friday granted bail to one Mohd Sharib, a security guard who is an accused in the murder of ex BSP MLA, Haji Aleem (Mohd. Sharib v. State of UP).

The Court said that the case of the prosecution was totally based on "circumstantial evidence" with no evidence or eye-witness to support the claim that the applicant-accused was sleeping in the same room as the MLA.

"Taking into consideration the entire facts and circumstances and the evidence available on record at this stage, the bail application deserves to be allowed," single judge Justice Pradeep Kumar Srivastava ruled. The Court further observed that the deceased was an MLA and it would be unusual for him to ask the accused to sleep in the same room, especially in a big house. "It is not usual and natural why the deceased would ask the applicant to sleep in his room. It was not a guest house where accommodation may not be sufficient and the adjustment was to be made. It was a big house of the deceased, an ex MLA with huge property, and it appears highly improbable that he would ask the applicant, a guard of his own, to sleep in his room and that too without any reason," the order said.

The Court was hearing a bail application moved by Sharib, who was the personal security guard of Aleem. In October 2018, Aleem was found dead in a room which was locked from inside. The incident took place at Bulandshahar, Uttar Pradesh. When the door/windows of his bedroom were broken, he was found lying on the bed bleeding and there was gun shot injury on his head. After an FIR was filed, investigation took place but the investigating officer (IO) found no evidence and he submitted a final report. Later, a re-investigation was conducted by Crime Branch and evidence was collected and charge-sheet was filed against the accused applicant. It was alleged that the accused/applicant was involved in the murder and he was sleeping in the same room where Haji Aleem was sleeping.

The counsel for the accused submitted that there was no reason for the accused applicant to commit murder of the deceased, and he was not even named in the FIR. It was submitted that initially when his statement recorded by IO, nothing was stated against him. But later, to implicate the applicant, evidence was manipulated, false evidence was created and certain witnesses were reexamined who made improvements to their statements with a view to implicate the accused.

On the other hand, the counsel for State and the informant, strongly opposed the bail application and submitted that the matter was investigated and after collecting enough evidence it was found that the accused committed the murder in a very planned manner. Further, it was submitted that the decease was going to Delhi from Aligarh, but it was the accused who insisted that he stays at Bulandshahar. On his pursuance, the deceased agreed to stay in Bulandshahar where his wife resides. "After committing the murder the accused persons locked the door and that was why the door was found locked from inside but no key was recovered from the room. Submission is that the accused applicant had every opportunity as he was with the deceased at the relevant time and having the key of the bedroom," submitted the counsel for informant.

After taking into consideration the submissions and material placed on record, the Court said that the observations made by the IO were based on speculation and suspicion and the case against the accused was totally based on the circumstantial evidence that he was sleeping in the same room with the deceased.

In this regard, the Court pointed out that the statement made by Sajid (co-accused in the case) incriminating Sharib was stated only during re-investigation after about 11 months from the date of incident. "It is his second statement and nothing of this sort has come in his first statement," the Court observed.

Therefore, the bail application was allowed and the Court said that the link between the "chain of circumstances" was missing. "The case is totally based on circumstantial evidence and it is difficult at this stage to say that the circumstances alleged against the applicant, if taken together and linked, form a chain of circumstance conclusively leading to an inference that the accused-applicant must have committed the said offence. Apparently unrelated circumstances if joined together must form a chain of circumstances indicating the guilt. I find at this stage that such link is missing."