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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 (537) Civil & Property (32) Commercial (1) Commercial & Corporate (126) Criminal Law (184) Cyber & Fraud (3) Matrimonial & Family (133) Procedure & Practice (58)
13 September 2026 · Criminal Law

Sick, Infirm, or in Need of Treatment: Bail on Medical Grounds Under the BNSS

The sick-or-infirm proviso to Section 480(1) BNSS, the Section 483 powers, and the decisive role of jail medical reports: how Delhi courts decide when illness justifies interim or regular bail, and how credible medical applications are built.

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13 September 2026 · Criminal Law

Liberty Once Granted Is Not Easily Recalled: Cancellation of Bail Under the BNSS

Section 483(3) BNSS carries forward the cancellation power — but supervening misconduct and a perverse grant are different attacks with different tests. The grounds, the procedure and the strategy for both sides.

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13 September 2026 · Criminal Law

Protection Without an Expiry Date: The Duration of Anticipatory Bail After Sushila Aggarwal

The Constitution Bench in Sushila Aggarwal v. State (NCT of Delhi) held anticipatory bail is not ordinarily time-bound and does not lapse at the chargesheet — while preserving the court's discretion to impose conditions. What that means under Section 482 BNSS.

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13 September 2026 · Criminal Law

Asking Again: Successive Anticipatory Bail Applications and the Change-of-Circumstances Rule

A rejected anticipatory bail application can be renewed — but only on a substantial change of circumstances, with complete disclosure of every earlier attempt. What qualifies, what does not, and how the strategy runs through the Delhi hierarchy.

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13 September 2026 · Procedure & Practice

First Surrender, Then Be Heard: The Surrender Rule in Criminal Special Leave Petitions

A convict with an operative sentence who petitions the Supreme Court must show surrender or file an exemption application under the Supreme Court Rules. The three filing postures, the craft of exemption applications, and the cost of default.

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13 September 2026 · Commercial & Corporate

Judgment Without Trial: Order XIII-A Summary Judgment in Commercial Suits

Commercial courts can decree claims without oral evidence where a party has no real prospect of success and no compelling reason for trial exists. The test, the pre-issues window, conditional orders and the tactics on both sides.

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13 September 2026 · Commercial & Corporate

The Price of Paying Late: Statutory Interest on MSME Dues Under Sections 15–17 MSMED Act

Forty-five days is the outer payment limit whatever the contract says; beyond it runs compound interest with monthly rests at three times the RBI bank rate, non-deductible for tax and protected by the Act's overriding effect.

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12 September 2026 · Criminal Law

Baptismal Certificate Is Not Statutory Age Proof: SC Reworks a POCSO Conviction

In Pynchemalangaki Bareh v. State of Meghalaya (2026 INSC 984), the Supreme Court held a baptismal certificate is not a prescribed document under Section 94 JJ Act, set aside the POCSO conviction for unproved minority, and convicted under Section 376(1) IPC instead.

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12 September 2026 · Criminal Law

From Death Row to Acquittal: Tutored Child Testimony in a POCSO Referred Trial

Declining to confirm a death sentence, the Madras High Court acquitted a man accused of assaulting five children, finding contradictions striking at the genesis of the case, indications of tutoring, and denial of a fair trial.

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12 September 2026 · Commercial & Corporate

Personal Guarantee, Composite Transaction: SC Restores Guarantor to Arbitration

In NSDC v. Surya Wires (2026 INSC 977), the Supreme Court held that guarantees executed as pre-disbursement conditions form one composite transaction with the loan agreement, binding the guarantor to its arbitration clause via Section 7(5).

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12 September 2026 · Criminal Law

Sovereign Assurance Does Not Rewrite the Sentence: SC on the 25-Year Extradition Cap

Dismissing Abu Salem's premature release plea (2026 INSC 982), the Supreme Court held the assurance to Portugal binds the Executive at the 25-year mark but does not convert life imprisonment into a fixed term, and jail-earned remission cannot be added.

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12 September 2026 · Matrimonial & Family

Mediation Closes the File: 498A FIR Quashed After DV and Maintenance Cases Withdrawn

The Delhi High Court quashed a Sections 498A/406 FIR where mediation produced a comprehensive settlement — mutual consent divorce with withdrawal of DV and maintenance petitions — holding continuation would serve no meaningful purpose.

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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.