Goonj – India Law Blog & Insights on Society and Spirituality

END OF THE WAIT: SC Cracks Down on Long Delays in Reserved Judgements The Hon’ble Supreme Court of India has initiated a significant measure to enhance transparency and accountability across the judicial system by demanding detailed reports from all High Courts regarding their timelines for delivering reserved judgements. This move directly responds to the persistent issue of inordinate delays in pronouncing verdicts, which undermines the fundamental right to timely justice. To systematically track and address the problem, the Court has proposed the development of a uniform online dashboard displaying key metrics such as: The date of reserving a case The date of pronouncement The time taken to upload the judgement in the public domain This sweeping directive aims to establish a consistent, performance-based standard for judicial efficiency nationwide. The Supreme Court’s current action is rooted in its landmark judgement — Anil Rai vs State of Bihar (2001) ...

Introduction: The New Custody Dilemma in Indian Bail Law “Police custody to judicial custody and back: Is jail the rule? ” — this question exposes a serious constitutional and procedural concern within India’s criminal justice system. Governed first by the Code of Criminal Procedure (CrPC) and now by its successor, the Bharatiya Nagarik Suraksha Sanhita (BNSS 2023 ) , the law around custody and bail is undergoing a major transformation. This new “custody ping-pong” — moving an accused from Police Custody (PC) to Judicial Custody (JC) and then back to PC — risks making jail the rule, not the exception. The General Rule: Judicial Custody Is the Norm The foundational legal principle has always been clear — detention should ideally be under judicial supervision to protect the accused’s rights and prevent coercion. Police Custody (PC): Limited to a total of 15 days from the date of first production before a magistrate. Granted mainly for investigation, interrogation, or recov...

POSH ACCOUNTABILITY REDEFINED: ARE YOUR RECORDS READY FOR JUDICIAL AUDIT? The post-enactment phase of India's Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ( POSH Act ) marks a decisive transition — from simple compliance to structural transparency and stringent enforcement . This evolution is being driven by significant interventions across legal, judicial, and digital domains. LEGAL & CORPORATE ACCOUNTABILITY: MANDATORY DISCLOSURES The most impactful shift in corporate governance is the move towards mandatory, data-driven POSH disclosures at the board level. Earlier Compliance Companies were often only required to make a one-line statement confirming the constitution of an Internal Committee (IC) in their Directors’ Report under the Companies Act, 2013. The Shift to Transparency Amendments by the Ministry ofCorporate Affairs (MCA) now mandate detailed disclosures in the Board’s Report — requiring specific data po...

  Why a 150-Year-Old Law is Stalling Modern Contracts By Adv. Mamta Singh Shukla, Supreme Court of India India, a rising economic titan with a $4.5 trillion dream, is being shackled by a 150-year-old ghost. Its law of damages, rooted in the dusty, paternalistic anxieties of colonial rule, is no longer a legal framework but an economic drag. Foundation of India’s Law of Damages The current law is derived from English common law principles distinguishing between compensation and penalties: Section 73 of Indian Contract Act 1872 – Deals with unliquidated damages providing compensation for loss or damage caused by breach of contract. Section 74 of Indian Contract Act 1872 – Deals with liquidated damages, situations where the parties stipulate the amount of damages in advance. Jurisprudence built on Sections 73 & 74 of the Indian Contract Act was a necessary shield for the illiterate farmer against the extortionist landlord. The cours...