Legal Articles

The Constitution of India protects freedom of trade, commerce, and intercourse throughout the country primarily through Articles 301–307. Article 301 establishes the general freedom of economic movement across India, while the following provisions allow Parliament and State Legislatures to impose certain restrictions subject to constitutional requirements. These provisions aim to preserve India as an integrated economic unit while balancing free trade with public interest, taxation, regulation, and state legislative powers.

When court-ordered maintenance remains unpaid, arrears can accumulate and create serious financial hardship for the person entitled to receive support. Depending on the applicable law, the wording of the maintenance order, and the circumstances of the default, courts may consider interest on delayed maintenance arrears to ensure meaningful compliance and compensate for prolonged non-payment. The affected party can seek appropriate enforcement and recovery measures, while the court determines the amount payable and any additional relief based on the facts of the case.

In Lekha Komath v. Harikrishnan Gopikarnakar, the Kerala High Court upheld a Family Court order granting the father visitation rights and limited overnight custody while refusing permanent custody and guardianship. The Court emphasised that the welfare and best interests of the child are paramount in custody disputes and that, unless compelling circumstances justify otherwise, a child should have the opportunity to maintain a meaningful relationship with both parents. Parental disagreements should not deprive the child of the love, care, and involvement of either parent. tripakshalitigation.com

Proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 are primarily intended to protect senior citizens and provide speedy maintenance and welfare remedies, not to decide complex disputes over property title or ownership. Where rival parties claim ownership based on deeds, inheritance, or other disputed rights, those questions generally require determination by the competent civil court. Authorities under the Senior Citizens Act must therefore act within their statutory powers and distinguish between providing protection to senior citizens and adjudicating substantive property rights.

Section 141 of the Indian Evidence Act, 1872 defined a leading question as one that suggests the answer the person asking it wishes or expects to receive. Such questions were generally restricted during examination-in-chief and re-examination when objected to, except with the court’s permission, but were ordinarily permitted during cross-examination. Leading questions could also be allowed for introductory, undisputed, or already sufficiently proved matters. Since 1 July 2024, the Bharatiya Sakshya Adhiniyam, 2023 has replaced the Indian Evidence Act.

Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws to every person within India. It prevents arbitrary state action while permitting reasonable classification when there is an intelligible differentia and a rational connection with the law’s objective. Through judicial interpretation, Article 14 has developed into a broad safeguard against arbitrariness, unreasonable discrimination, and unequal treatment by the State, making it one of the Constitution’s most important fundamental rights.

Section 70 of the Code of Criminal Procedure (CrPC) governed the form and duration of an arrest warrant issued by a court. A warrant had to be in writing, signed by the presiding officer, and bear the court’s seal. Once issued, it remained in force until it was cancelled by the issuing court or executed. Since 1 July 2024, the CrPC has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which now governs criminal procedure in India.