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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 (867) Civil & Property (45) Commercial (1) Commercial & Corporate (204) Criminal Law (309) Cyber & Fraud (5) Matrimonial & Family (223) Procedure & Practice (80)
2 September 2026 · Criminal Law

Why There Is No Anticipatory Bail for Bailable Offences — and What to Do Instead

Section 482 BNSS applies only to non-bailable accusations. For bailable offences, release is a right under Section 478 — the correct remedies, from police station bail to bonds and appearance strategy.

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2 September 2026 · Criminal Law

When the Family Resiles but the Science Does Not: A POCSO Appeal Decided on DNA

A Division Bench of the Delhi High Court upheld a Section 6 POCSO conviction where the victim and her mother turned hostile, holding that conclusive DNA evidence and the Section 29 presumption prevail.

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2 September 2026 · Criminal Law

What the Defence Cannot Ask: Character and Past-Conduct Bars in Sexual Offence and POCSO Trials

Section 48 BSA and the cross-examination bars make the victim's character and sexual history off-limits. What remains legitimate defence work inside the statutory perimeter.

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2 September 2026 · Commercial & Corporate

The Tax Lever Behind MSME Payment Discipline: Section 43B(h) of the Income-tax Act

Payments to micro and small enterprises beyond the MSMED Act timeline cost the buyer its deduction for the year. How the clause works and how it interlocks with Samadhaan recovery.

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2 September 2026 · Commercial & Corporate

What Micro and Small Enterprises Can Demand in Government Procurement — and How to Enforce It

The 25% procurement mandate, EMD and tender fee exemptions, the L1+15% purchase preference and the remedial ladder under the Public Procurement Policy for MSEs Order, 2012.

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2 September 2026 · Civil & Property

Freezing the Defendant's Assets Before Decree: Attachment Before Judgment under Order XXXVIII Rule 5

The strict intent-to-defeat-execution test, the security-first procedure, the commercial and arbitration contexts, and how defendants get attachments lifted.

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2 September 2026 · Commercial & Corporate

Decree Without Trial: Judgment on Admissions under Order XII Rule 6

Clear admissions in pleadings, correspondence or accounts can produce a decree without trial. What qualifies, the tenancy and recovery applications, and the interplay with summary judgment.

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2 September 2026 · Commercial & Corporate

The End of Unilateral Arbitrator Appointments: The CORE Constitution Bench Ruling

In CORE v. ECI-SPIC-SMO-MCML (2024 INSC 857), five judges held that unilateral appointment clauses and compulsory PSU panels violate party equality — prospectively reshaping every arbitration clause.

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2 September 2026 · Commercial & Corporate

Unstamped but Not Void: The Seven-Judge Ruling on Arbitration Agreements and Stamp Duty

In Re Interplay (2023 INSC 1066): non-stamping makes an instrument inadmissible, not void; stamping objections belong to the arbitral tribunal, and referral courts no longer stall appointments.

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2 September 2026 · Procedure & Practice

The CM(M) Petition: Supervisory Jurisdiction under Article 227 in the Delhi High Court

When an interlocutory civil order is wrong but unappealable, the CM(M) is often the only door — and it opens only for jurisdictional error. Scope, standards and strategy.

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2 September 2026 · Procedure & Practice

Full and Fair Disclosure in Special Leave Petitions: The Duty of Candour and Its Enforcement

Article 136 relief is discretionary and granted on the petitioner's papers alone. What must be disclosed in an SLP, how suppression is punished, and the drafting discipline that protects the petition.

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1 September 2026 · Criminal Law

Quashing on Settlement: The Real Victim's Consent Counts, Not the Informant's

In Anand Kumar @ Sanjay Lalwani v. State of Madhya Pradesh, 2026 INSC 928, the Supreme Court held that an informant's consent is not required to quash criminal proceedings settled with the real victim of the offence.

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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.