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Articles & Legal Updates

Notes on procedure and practice before the Delhi courts, written for people trying to understand a proceeding they are already in.

These notes are written for litigants and for younger members of the Bar. They explain procedure as it operates in the Delhi courts — the sequence of steps, the timelines that matter, and the points at which a matter is commonly lost. They are general information, not advice on any particular case.

All articles (1217) Civil & Property (63) Commercial (1) Commercial & Corporate (284) Criminal Law (438) Cyber & Fraud (12) Matrimonial & Family (307) Procedure & Practice (112)
31 October 2026 · Commercial & Corporate

No Licence, No Cheque Case: SC Clarifies – Advocate Manish Jha

The Supreme Court confines its May 2026 Mansi Finance ruling to the Tamil Nadu statute and restates that in Maharashtra an unlicensed moneylender must produce a licence at the threshold of a Section 138 NI Act case.

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31 October 2026 · Commercial & Corporate

Lender in Control Is a Related Party – Advocate Manish Jha

In ECL Finance v. Abhinav Mukherjee (2026 INSC 1159) the Supreme Court holds that a lender participating in the corporate debtor's policy-making is a related party excluded from the Committee of Creditors, and that its debenture trustee is excluded with it.

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31 October 2026 · Criminal Law

No Pre-Arrest Bail After Proclamation – Advocate Manish Jha

The Delhi High Court refuses anticipatory bail to an advocate declared a proclaimed offender in an assault FIR, holding that proclamation narrows pre-arrest bail to exceptional cases and that professional status earns no indulgence.

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31 October 2026 · Criminal Law

Nikah No Ground to Quash POCSO Case – Advocate Manish Jha

The High Court of J&K and Ladakh dismisses a minor victim's own petition to quash a POCSO chargesheet, holding that consent below eighteen is immaterial and that marriage and pregnancy are mitigating factors for bail, not grounds for quashing.

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30 October 2026 · Criminal Law

Pre-Arrest Bail Denied, Protection Gone – Advocate Manish Jha

In Amit v. State, the Delhi High Court dismisses anticipatory bail pleas in a Tilak Nagar murder case, vacates interim protection and holds that evasion of warrants and proclamation cannot be converted into a ground for pre-arrest bail.

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30 October 2026 · Criminal Law

Grounds of Arrest: Adequacy Is Not Absence – Advocate Manish Jha

The Madras High Court refuses bail to a driver caught with 432.7 kg of ganja despite three years in custody, distinguishing non-communication of arrest grounds from inadequate grounds — while directing charges within four weeks and a six-month trial timetable.

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30 October 2026 · Procedure & Practice

Sureties and Bail Bonds, Explained – Advocate Manish Jha

What happens between a bail order and the jail gate: personal bonds, surety verification, local-surety and excessive-amount problems, cash in lieu of surety, and forfeiture and discharge under the BNSS.

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30 October 2026 · Matrimonial & Family

Maintenance Remanded, Not Erased – Advocate Manish Jha

The Calcutta High Court sets aside a Rs 25,000 Section 125 CrPC award that ascertained neither the husband's income nor the wife's entitlement — but keeps Rs 10,000 a month flowing pending a time-bound rehearing on Rajnesh v. Neha affidavits.

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30 October 2026 · Matrimonial & Family

Pleading Is Not Proof in Annulment – Advocate Manish Jha

A Jharkhand High Court Division Bench dismisses a husband's nullity appeal under Section 12 HMA: no medical evidence of the alleged unsoundness of mind, and his own plea that the wife refused consent displaced the case of incapacity.

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30 October 2026 · Criminal Law

A 2004 Appeal, Decided in 2026 – Advocate Manish Jha

Twenty-two years after filing, the Delhi High Court dismisses a dowry death appeal, holding all ingredients of Section 304-B IPC proved, the Section 113-B presumption unrebutted, and directing the appellants to surrender to serve life imprisonment.

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30 October 2026 · Criminal Law

Abetment Upheld, Dowry Death Not – Advocate Manish Jha

In Deepak Katara v. State, the Delhi High Court separates the two presumptions: cruelty soon before death was proved but not its dowry link, so the 304-B acquittal stood — while Sections 498A and 306 convictions were upheld with the aid of Section 113-A.

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30 October 2026 · Commercial & Corporate

Award Set Aside: Waiver Without Evidence – Advocate Manish Jha

After a Supreme Court remand, a Division Bench sets aside an Rs 8.15 crore award in Flowmore v. Skipper: the arbitrator's waiver finding had no evidentiary basis, contradicted his own findings, and ignored vital evidence on customisation.

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What Is Covered Here

The chamber writes on the areas in which it appears: criminal procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023, bail practice, matrimonial and family proceedings before the Delhi Family Courts, cheque dishonour and recovery, and proceedings before the NCLT and the Motor Accident Claims Tribunals. Notes on reported judgments of the Supreme Court of India and the High Court of Delhi are published with a link to the official text of the decision, so that a reader can verify the position rather than rely on a summary.

No article on this page identifies a client or discusses a pending matter conducted by the chamber. Where a statutory provision is cited, the section number is given so that a reader can verify it against the bare Act.

If a subject you need is not covered here, the chamber can be written to at legal@advocatemanishjha.com. Questions of general interest are taken up as future notes; the chamber does not give advice on individual matters by email.