Bar & Bench

Bar & Bench is a prominent online platform dedicated to India's legal community. It offers up-to-date news, summaries, insights, expert viewpoints, reviews, analyses, and discussions related to legal matters. Whether you're a litigator, corporate lawyer, LPO attorney, counsel for a non-profit or public interest group, in-house counsel, judge, legal scholar, or even a non-lawyer who frequently navigates legal issues, we recognize that staying informed about legal advancements in India and globally is essential for your career.

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Constitution’s success has proven its critics wrong: CJI BR Gavai

1 week ago | barandbench.com | Debayan Roy

The socio-economic justice achieved by the nation in the last 75 years has proven critics of the Indian Constitution wrong, Chief Justice of India BR Gavai said on Wednesday. He rebuffed skepticism expressed by early Western scholars about the Constitution and India's success as a democracy.
Can family courts admit WhatsApp chats as evidence regardless of privacy concerns? MP High Court answers

1 week ago | barandbench.com | Prashant Jha

The Madhya Pradesh High Court has held that in matrimonial disputes, family courts can admit evidence including WhatsApp chats even if they are collected by violating the privacy of the spouse. Justice Ashish Shroti made the observation while allowing a husband to produce his wife's WhatsApp chats as evidence of her adultery. The Court warned that Section 14 of the Family Court Act would be rendered nugatory and dead letter if evidence is excluded on the ground of breach of privacy.
CAT Jammu grants former Prison Warden relief 25 years after termination from service

1 week ago | barandbench.com | Mohsin Dar

The Central Administrative Tribunal (CAT), Jammu Bench, recently quashed a 25-year-old discharge order that had terminated the services of a prison official, which the tribunal found was passed in gross violation of constitutional safeguards and service rules [Jahangir Khan V/s State].
Air accident compensation: The economics of an unfortunate loss

1 week ago | barandbench.com | Mohit Pandey

The tragic crash of the Air India flight AI171 flying from Ahmedabad to London on June 12, leading to a loss of over 250 lives, shocked the world. Experts are still trying to determine the cause of the crash which saw the plane in the air for only about 32 seconds before colliding into a hostel building of a medical college.
Examining the intricacies involved in Sections 8 and 9 of the Insolvency and Bankruptcy Code 2016

2 weeks ago | barandbench.com | Ashish Kumar |Lokesh Malik |Atika Chaturvedi

The Supreme Court, in Mobilox Innovations Private Limited v. Kirusa Software Private Limited [hereinafter referred to as “Mobilox Case”], clarified that a “dispute” must rest on substantial grounds which would not include a roving enquiry.
Indian identity thrives abroad through Constitution and community: Justice Surya Kant

2 weeks ago | barandbench.com | Debayan Roy

The Supreme Court's Justice Surya Kant on Sunday told members of the Indian diaspora in Washington DC that the judiciary remains a unifying force, anchoring Indians at home and abroad to the principles of justice, equality and dignity.
Legality and Enforcement of Employment Bonds

2 weeks ago | barandbench.com | Rishabh Gandhi

The age-old debate over the enforceability of employment bonds has resurfaced with the Supreme Court’s landmark decision in Vijaya Bank v. Prashant B. Narnaware (2025), which upheld a public sector bank’s bond requiring three years of service or payment of ₹2 lakhs. This ruling has reignited discussions on balancing employer investments with employee freedom. Employment bonds are agreements where employees commit to work for a fixed period or pay compensation if they leave early.
CJI BR Gavai defends high bar on impeachment of Indian judges

2 weeks ago | barandbench.com | Prashant Jha

Chief Justice of India (CJI) BR Gavai on Tuesday defended the high bar set for the impeachment of Supreme Court and High Court judges in India. He explained that the procedure is essential to maintain the independence of the judiciary.
Judicial activism should not turn into judicial terrorism: CJI BR Gavai

2 weeks ago | barandbench.com | Prashant Jha

Chief Justice of India (CJI) BR Gavai stated on Tuesday that while judicial activism will stay and play a role in India, it should not devolve into "judicial terrorism". When it is found that the legislature or the executive has failed in their duties to safeguard the rights of the citizens, the judiciary is bound to step in, the CJI said. “Judicial activism is bound to stay. At the same time, judicial activism should not be turned into judicial terrorism.
Supreme Court strikes down forced narco-analysis test order passed by Patna High Court

2 weeks ago | barandbench.com | Debayan Roy

The Supreme Court on Monday set aside a Patna High Court order that had permitted narco-analysis tests on accused persons without their consent [Amlesh Kumar v. State of Bihar]. The Court held that such coercive techniques strike at the heart of fundamental rights and cannot be used even at the stage of bail.