Advocate Rahib

Advocate Rahib Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

19/02/2026

SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2026
[@ SLP (C) NO. 11868 OF 2024]
THARAMMEL PEETHAMBARAN AND ANOTHER VERSUS T. USHAKRISHNAN AND ANOTHER
February 06, 2026.

SC set aside the sale undertaken on the strength of a photocopied Power of Attorney, noting that a photocopy of a document, being secondary evidence, is not evidence unless it falls under the conditions set out in Section 65 of the Evidence Act.

Section 65 of the Evidence Act permits the production of secondary evidence (copies, oral accounts) when the original document cannot be produced under Section 64. This applies if the original document/evidence is lost, destroyed, rests in possession of an adverse party, or is a public document.

01/02/2026

SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 141 OF 2026
[ARISING OUT OF S.L.P. (CRIMINAL) NO.10770 of 2025]
SUMIT BANSAL
VERSUS
M/S MGI DEVELOPERS AND PROMOTERS
AND ANOTHER
JANUARY 08, 2026

Dishonour of multiple cheques arising from the same underlying transaction can give rise to separate causes of action under Section 138 of the Negotiable Instruments Act, 1881, and that such prosecutions cannot be quashed at the threshold merely on the ground of multiplicity.

29/01/2026

High Court sets aside conviction of Patwari by Special Judge, Anti Corruption, Srinagar !!

25. Much reliance has been placed by the prosecution on the hand-wash and pocket-wash proceedings to contend that the exchange of money stood proved, particularly because the sodium carbonate solution turned pink and the shirt pocket of the appellant also showed phenolphthalein residue. However, the law is well-settled that mere recovery of tainted currency or positive phenolphthalein test is not sufficient to sustain conviction unless the demand for illegal gratification is proved beyond reasonable doubt.

Muhammad Shaban Wani vs State Of Jammu & Kashmir on 27 January, 2026

Author: Sanjay Parihar, J

25/01/2026

THE GAUHATI HIGH COURT
PD Savera LLP v. Galacon Infrastructure and Projects Pvt. Ltd. & Ors.
Criminal Revision Petition No. 5 of 2026 (Crl.Rev.P./5/2026)
09.01.2026

Held that a Magistrate is not required to issue notice to the accused at the pre-cognizance stage in a complaint under Section 138 of the Negotiable Instruments (NI) Act.

The Court clarified that issuing such notice by invoking the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is legally unsustainable as the NI Act is a special enactment.

A bench of Justice Manish Choudhury, presiding over the case, observed, "… the impugned Order of the Trial Court to the extent of issuing notice to the accused persons … is found to have suffered from infirmity for the reason that the Trial Court has proceeded to issue notice to them at the pre-cognizance stage in purported adherence to the first proviso to sub-section [1] of Section 223, BNSS".

10/01/2026

AIBE is an open book exam and it’s compulsory to qualify if you are a law graduate after 2010 and want to practice law. It does not confer you any special right.

Many of us got the COP within two years of enrolment as per the rules. I got it too and we kept on working quietly. AIBE is not a privilege, it’s a norm !

02/01/2026

MUSLIM PERSONAL LAW

Muslim rule—the principle of inheritance and the rights of successors—in the Muslim rule as long as a person is alive, his heirs have no right over his property—right arises only when the person dies—so the owner of property has his property in his lifetime Can't be divided—Muslim rule also believes that property cannot be half-incomplete or part of one separately divided—all heirs part of the entire property together after the death of the owner of the property—every heir has every part of the entire property I get share in fixed ratio, not on a particular room, shop or piece of land—these rules related to the inheritance are primarily described in the Surah-e-Nisa (Chapter 4) of the Quran—it is also the rule that the male heir generally doubled as the female heirs. The share is available.

28/11/2025

HIGH COURT OF KERALA AT ERNAKULAM
26TH DAY OF NOVEMBER 2025
WA NO. 1621 OF 2025 and connected case
Kerala Private Hospitals Association and Anr. v. State of Kerala and Ors. and connected case

'Hospitals Must Display Rates, Mustn't Deny Emergency Care For Not Paying Advance' : Kerala High Court Upholds Clinical Establishments Act.

27/11/2025

HIGH COURT OF KERALA AT ERNAKULAM
21ST DAY OF NOVEMBER 2025
Crl.MC No. 9946 of 2025
Muhammed Nashif U. v. State of Kerala and Anr.

Recently exercised its inherent power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to set aside a remand order and to grant bail to an NDPS accused.

Justice C.S. Dias observed that since the accused was not brought before the jurisdictional magistrate within the 24-hour period mandated by Article 22(2) of the Constitution, his arrest stood vitiated and he ought to have been granted bail.

26/11/2025

SUPREME COURT OF INDIA
Special Leave to Appeal (C) No(s). 31322/2025
Savita v. Satyabhan Dixit
Date : 07-11-2025

Held that High Courts are Courts of Record and that whatever is recorded in their proceedings is presumed to be correct and cannot be contradicted later by parties or counsel.

18/11/2025

HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kumar v/s State of H.P.
Cr.Revision No.387 of 2014
Date of Decision: 06.11.2025

Mere possession of kerosene without a permit does not constitute an offence under Section 7 of the Essential Commodities Act, 1955 (which prescribes penalties for contravention of orders issued under the Act).

17/11/2025

HIGH COURT OF KERALA AT ERNAKULAM
11TH DAY OF AUGUST 2025
SIVASANKARAN @ SANKARANKUTTY
Vs
STATE OF KERALA
WP(C) 8754/ 2025

Recently dismissed a writ petition challenging the installation of a CCTV camera by neighbours, holding that the right to privacy under Article 21 cannot override another person's right to security unless unlawful intrusion is clearly established.

Justice N. Nagaresh delivered the judgment and observed: “Right to privacy of one and the right to security, which is an element of right to life of another, are to be balanced delicately when they are in conflict with each other.

11/11/2025

SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 013509 OF 2025
(Arising out of SLP (C) No. 8434/2023)
AKULA NARAYANA
VERSUS
THE ORIENTAL INSURANCE COMPANY
LIMITED & ANR.
November 10, 2025

Insurer must pay victim, then chase owner for money.

Even though the vehicle was overloaded, breaching the insurance policy, the Supreme Court applied the "pay and recover" principle. The insurance company must first pay the compensation to the claimant and can later recover the amount from the vehicle's owner.

Act:
Motor Vehicles Act, 1988

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