Legal Articles

Locus standi refers to a person’s legal standing or right to approach a court and seek a particular remedy. Traditionally, a person generally needed to show that their own legal rights or interests had been affected. Indian courts, however, have relaxed this requirement in certain matters, particularly through Public Interest Litigation (PIL), where a public-spirited person may approach the court on behalf of those unable to do so themselves. The principle helps courts determine who is entitled to bring a legal action while preventing claims by persons with no sufficient connection to the dispute.

Compoundable and non-compoundable offences differ mainly in whether a criminal case can be legally settled between the accused and the affected person. Compoundable offences are generally less serious and may be settled in accordance with law, sometimes requiring the court’s permission. Non-compoundable offences are considered more serious and ordinarily cannot be ended simply through a private compromise. The classification affects how settlements, prosecutions, and court proceedings are handled. Under the current criminal procedure framework, these matters are governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The Hindu Marriage Act, 1955 provides several legal grounds on which a spouse may seek divorce in India. These include adultery, cruelty, desertion, conversion, certain mental disorders, renunciation of the world, and a spouse not being heard of as alive for seven years, subject to the requirements of the Act. The law also provides certain additional grounds available specifically to a wife and permits divorce by mutual consent under Section 13B. A divorce is granted only after the competent court considers the applicable ground, supporting evidence, and circumstances of the marriage.

Patent filing in India allows inventors and businesses to seek legal protection for qualifying inventions under the Patents Act, 1970. The process generally involves conducting a patent search, preparing the specification, filing the application, publication, requesting examination, responding to objections, and obtaining the patent if statutory requirements are satisfied. An invention must generally meet requirements such as novelty, inventive step, and industrial applicability, while also falling outside excluded subject matter. Careful drafting of the patent specification and claims is important because these define the scope of protection granted to the invention.

A 498A case may be quashed by a High Court when the facts and circumstances justify using its inherent powers, particularly where a matrimonial dispute has been genuinely and voluntarily settled between the parties. Since the offence is not ordinarily compoundable, a private settlement does not automatically end the criminal proceedings. The High Court examines factors such as the nature of the allegations, terms of settlement, consent of the parties, and possibility of continuing the prosecution serving any useful purpose. After India’s criminal-law reforms, cruelty by a husband or his relatives is now addressed under the Bharatiya Nyaya Sanhita, 2023.

Property disputes with a builder of residential floors can arise from delayed possession, defective construction, deviation from sanctioned plans, incomplete work, payment disputes, failure to provide promised facilities, or problems with ownership documents. Depending on the nature of the dispute, a buyer may seek remedies through RERA, Consumer Commissions, civil courts, arbitration, or other appropriate legal proceedings. Important evidence can include the builder-buyer agreement, payment records, sanctioned plans, correspondence, possession documents, photographs, and inspection reports. The appropriate remedy depends on the agreement, type of violation, and relief sought by the property owner or buyer.

Suo motu cognizance refers to a court or competent authority taking up a matter on its own initiative, without waiting for a conventional petition from an affected party. Indian constitutional courts have used suo motu powers in matters involving fundamental rights, public safety, environmental concerns, prison conditions, administrative failures, and other issues of significant public importance. Such intervention enables courts to respond to serious legal concerns that come to their attention through reports, communications, or other credible information. However, suo motu action remains subject to jurisdiction, procedural fairness, and principles of natural justice.

The Supreme Court of India’s guidelines on arrest and bail emphasise that arrest should not be routine merely because an offence is alleged or an FIR has been registered. Police must follow statutory requirements and consider whether custodial arrest is actually necessary, particularly in offences where the law requires reasons for arrest. Courts deciding bail must balance personal liberty with the seriousness of the offence, risk of absconding, possible interference with evidence or witnesses, and other case-specific factors. These principles aim to prevent unnecessary detention while ensuring a fair investigation and criminal justice process.

The Protection of Women from Domestic Violence Act, 2005 provides legal protection to women facing abuse within domestic relationships in India. Domestic violence can include physical, sexual, verbal, emotional, and economic abuse, depending on the circumstances. An aggrieved woman may seek remedies such as protection orders, residence orders, monetary relief, compensation, and temporary custody of children. The law also recognises a woman’s right to reside in a qualifying shared household and provides access to Protection Officers and courts. Its primary purpose is to provide practical and timely civil protection against domestic abuse.