Insights
General legal information and updates on Indian law, written by the firm’s advocates. These articles are for information only and are not legal advice.
Banking & Finance Bank assigns your loan to an ARC — Supreme Court orders extra payment and return of title deeds
Supreme Court (CJI Surya Kant, JJ Joymalya Bagchi and V. Mohana) directed the borrower to pay an extra Rs.125 crore over Rs.250 crore already paid, and ordered return of title deeds on receipt of that payment.
· Legum Pacific Editorial
Direct Tax Reopening income-tax assessments: rules, time limits and the procedure
Plain explanation of when the Income-tax Department can reopen an assessment, the notices it must issue, the time limits that apply, and how long it has to finish a reassessment under sections 278–286 of the Income-tax Act, 1961 (Gazette source).
· Legum Pacific Editorial
Matrimonial & Family Disputes Who the Domestic Violence Act protects and what a Magistrate can order
Plain explanation of who counts under the Protection of Women from Domestic Violence Act, 2005, and the reliefs a Magistrate can grant such as protection, residence, monetary, custody and compensation orders.
· Legum Pacific Editorial
Civil & Property RERA: What rights homebuyers have under the Real Estate (Regulation and Development) Act, 2016
A clear guide to the main protections RERA gives homebuyers: project registration, 70% bank account rule, required disclosures, agent registration, refund/interest remedies, and fast dispute resolution.
· Legum Pacific Editorial
Banking & Finance Can a bank administrator write down AT‑1 bonds after a reconstruction scheme omits that power?
The Supreme Court held the Administrator could not write down Yes Bank’s AT‑1 bonds after the final Reconstruction Scheme did not include the write‑down clause. The ruling explains how RBI rules and the scheme’s wording decide who may trigger loss absorption.
· Legum Pacific Editorial
Corporate & Insolvency Directors’ duties, resignation, removal and records under the Companies Act, 2013
Plain explanation of directors’ duties, when office is vacated, resignation and removal rules, required registers and key penalties under the Companies Act, 2013.
· Legum Pacific Editorial
Civil & Property Maintenance and welfare of parents and senior citizens: what the 2007 Act says
Plain explanation of who counts as a senior citizen, who can ask for maintenance, how the Tribunal decides cases, time limits, orders, enforcement, penalties and welfare duties under the Act.
· Legum Pacific Editorial
Banking & Finance How much can a motor‑accident victim get? A recent Supreme Court ruling explained
The Supreme Court decided two motor‑accident appeals from a single scooter collision. It focused on functional disability (the real effect on earning), used multiplier calculations, and directed the insurer to deposit additional awards with interest.
· Legum Pacific Editorial
Criminal Law Anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita, 2023 — what it is
Section 482 lets a person who fears arrest for a non-bailable offence apply to the High Court or Court of Session for a direction that, if arrested, they be released on bail. The court may include conditions and the section excludes certain offences.
· Legum Pacific Editorial
Commercial Disputes Delayed payments to MSMEs: interest and the Facilitation Council under the MSMED Act
The MSMED Act requires payment on the agreed date or before the appointed day and limits written payment terms to 45 days. Late payments attract compound interest at three times the RBI bank rate; disputes can go to the State Facilitation Council for conciliation or arbitration.
· Legum Pacific Editorial
Civil & Property How to make a valid will, and what happens after death under the Indian Succession Act
Simple explanation of who can make a will, how a will must be executed, when it is void or revoked, and what probate or letters of administration do under the Indian Succession Act, 1925.
· Legum Pacific Editorial
Consumer Disputes Who gets the refund when a builder delays after a bank pays the builder?
The Supreme Court directed that the buyer be paid back the amount he personally paid with 12% interest and awarded Rs.15 lakh as compensation. The Court kept the bank’s separate recovery claim to be decided in pending proceedings.
· Legum Pacific Editorial
Arbitration Arbitration clauses: who appoints arbitrators, interim relief and how awards are challenged
Plain guide to what the Arbitration and Conciliation Act, 1996 says about arbitration clauses (in writing), choosing arbitrators, court interim orders, corrections to awards and how to challenge or enforce an award.
· Legum Pacific Editorial
Criminal Law Online and UPI fraud: NCRP, helpline 1930, IT Act and BNSS explained
The National Cyber Crime Reporting Portal (NCRP) and helpline 1930 let people report cyber crimes. This note explains what the official portal FAQ and PIB press releases say about reporting, evidence, FIR conversion and the legal references cited.
· Legum Pacific Editorial
Service Matters Who ranks higher in seniority: direct recruits, compassionate or special appointees?
The Supreme Court held that direct recruits chosen by the competitive exam rank above temporary (special) appointees regularised later. Compassionate appointees do not automatically outrank direct recruits; their position versus special appointees depends on regularisation date.
· Legum Pacific Editorial
Consumer Disputes Consumer complaints: which commission to approach, filing time limit and e‑Daakhil
Explains who can file a complaint under the Consumer Protection Act, 2019, which commission (District/State/National) has jurisdiction by value and location, the two‑year limitation, key case timelines, and the e‑Daakhil online filing system.
· Legum Pacific Editorial
Matrimonial & Family Disputes Maintenance for wife, children and parents: BNSS s.144 and the Hindu Act explained
Plain explanation of monthly maintenance under Bharatiya Nagarik Suraksha Sanhita s.144 and the Hindu Adoptions and Maintenance Act, 1956. Covers who may claim, what orders may be made, enforcement and variation.
· Legum Pacific Editorial
Criminal Law Registering an FIR, Zero FIR and e‑FIR under BNSS and legal remedy if police refuse
BNSS allows information about cognizable offences to be given orally or electronically. This explains how the police must record such information, what the e‑Zero FIR pilot for cyber complaints says, and the statutory remedy if a station officer refuses to record it.
· Legum Pacific Editorial
Service Matters Retired just before a July increment? What the Supreme Court ruled for government daily-wage workers
The Supreme Court held that certain long-serving daily-wage skilled workers, treated as permanent by a 1988 government resolution, are entitled to a July increment counted for pension and retiral benefits. Amounts must be paid within 30 days, or interest follows.
· Legum Pacific Editorial
Matrimonial & Family Disputes Divorce by mutual consent under Section 13B: process and waiting period
Section 13B of the Hindu Marriage Act allows spouses to seek divorce together if they have lived separately for one year and mutually agree. The law sets a six‑month minimum wait after filing and an 18‑month outer limit for the court to grant the decree.
· Legum Pacific Editorial
Corporate & Insolvency Can a fraudulent creditor start insolvency proceedings? What the Supreme Court said
The Supreme Court held a tribunal can set aside a CIRP started by a collusive operational creditor. It also said that, in some cases, the insolvency process may still continue because it affects many other creditors.
· Legum Pacific Editorial
Commercial Disputes Cheque dishonour under Section 138 NI Act: legal framework and timelines
Plain guide to the law on cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881. Explains statutory steps, required notices, court jurisdiction, evidence and timelines as stated in the Act.
· Legum Pacific Editorial
Criminal Law When a property fight becomes a criminal case: what the Supreme Court said
The Supreme Court quashed an FIR that turned a delayed land-sale dispute into a criminal case, saying there was no deception and the matter was essentially civil.
· Legum Pacific Editorial
Criminal Law When a locked house hides a crime: what the Supreme Court said about weak evidence
The Supreme Court reviewed a double-murder case where the prosecution relied on last-seen accounts, DNA, keys and taxi/hotel witnesses. The Court found serious gaps in investigation and held the prosecution had not proved guilt beyond reasonable doubt.
· Legum Pacific Editorial