Constitution of India blog
Plain-language explanations of Supreme Court of India judgments tagged Constitution of India on NyaSis.
Criminal Law
Can a Company Withhold Your Dues After You Resign?
Can a clause let your employer fire you without a hearing? CIWTC v Brojo Nath Ganguly (1986): such unconscionable rules are void under Section 23.
14 min read
Criminal Law
What Are Your Legal Rights When Arrested in India?
Arrested in India? D.K. Basu v. State of West Bengal (1996) mandates arrest memos, family intimation, 48-hour medical checks and lawyer access now.
11 min read
Family & Property
Can an NRI Recover Property Sold on a Forged POA?
Forged POA sale? State of Rajasthan v. Basant Nahata (2005): executing a POA is lawful and Rajasthan cannot block its registration as public policy.
9 min read
Criminal Law
Can a Contract Worker Demand Regularization?
Can daily-wage workers become permanent after 10 years? In Secretary, State of Karnataka v. Umadevi (2006), the Supreme Court said no, with one exception.
11 min read
Criminal Law
Can an Employer Withhold Pension Without Inquiry?
Withholding pension or gratuity before a departmental finding? In State of Jharkhand v. Jitendra Kumar Srivastava, the Supreme Court said no without law.
8 min read
Criminal Law
Can Police Arrest Instantly on a 498A Complaint?
After a 498A complaint, can police arrest at once? Arnesh Kumar v. State of Bihar (2014) bars automatic arrest; police must justify it in writing.
10 min read
Criminal Law
Can an Employer Recover Salary Paid by Mistake?
Worried about a salary clawback? In State of Punjab v. Rafiq Masih (2014), the Supreme Court found no conflict between recovery and no-recovery rulings.
9 min read
Family & Property
Can a Seller Forfeit Your Entire Earnest Money?
Can a seller keep your earnest money deposit if a deal collapses? Kailash Nath Associates v. DDA (2015) says no; the Court ordered refund with interest.
9 min read
Criminal Law
Can You Be Suspended for Years Without Charges?
Can a government employee stay suspended for years with no charge memo? Ajay Kumar Choudhary v. Union of India (2015): not beyond 3 months without one.
12 min read
Criminal Law
Must Police Stations Have CCTV With Audio?
Must police stations have CCTV with audio? In Paramvir Singh Saini v. Baljit Singh (2020), the Supreme Court ordered night-vision audio-video cameras.
9 min read
Family & Property
Can the government Take Your Land Without Paying?
Vidya Devi v. State of Himachal Pradesh (2020): Supreme Court held State cannot claim adverse possession over land it took for a road without compensation.
8 min read
Criminal Law
Do You Get Bail if Police File Without Arrest?
Never arrested during the investigation? In Satender Kumar Antil v. CBI (2022), the Supreme Court says a chargesheet alone should not send you to jail.
10 min read
Family & Property
Can the Supreme Court End a Dead Marriage?
Can the Supreme Court end a dead marriage? Yes, in Shilpa Sailesh v. Varun Sreenivasan (2023), but only as a rare discretion under Article 142(1).
12 min read
Family & Property
Can Government demolish an Accused Person's House?
Can the state bulldoze your home because you are accused? In Re: Demolition of Structures (2024) says no demolition without notice, hearing and 15 days.
10 min read
Family & Property
How Is One-Time Alimony Set for a Short Marriage?
Is there a formula for one-time alimony? In Parvin Kumar Jain v. Anju Jain (2024), the SC fixed Rs. 5 crore for the wife and Rs. 1 crore for the son.
12 min read
Family & Property
Can a Divorced Muslim Woman Claim Maintenance?
Can a divorced Muslim woman claim maintenance after iddat? Yes. Mohd. Abdul Samad v. The State of Telangana (2024): Section 125 CrPC stays open to her.
11 min read
Business & Tax
Can GST Officers Arrest You During a Raid?
Afraid of arrest or forced payment in a raid? Radhika Agarwal v. Union of India (2025) requires written reasons to believe; coercion to pay is illegal.
11 min read