Articles – Page 3 – Vaish Associates Advocates

Direction To Provide Voice Sample Does Not Violate Article 20(3) Of The Constitution Of India Or Right To Privacy

In Moin Akhtar Qureshi v. Central Bureau of Investigation (2025:DHC:11909), the Delhi High Court has clarified that a direction to furnish a voice sample for the purposes of criminal investigation does not amount to testimonial compulsion under Article 20(3) of the Constitution of India, nor does it violate the fundamental right to privacy. The Court […]

Can PMLA be Invoked Solely Based on the Invocation of Section 120B (Criminal Conspiracy) of Indian Penal Code which is a Scheduled Offence

That under Section 2(u) of the Prevention and Money Laundering Act, 2002 (“PMLA Act”), “proceeds of crime” has been defined as follows: “proceeds of crime” means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property or […]

Clause stating redressal of the dispute may be sought through arbitration is not a valid Arbitration Agreement

In a significant ruling, the Hon’ble Supreme Court in BGM And M-RPL-JMCT (JV) v. Eastern Coalfields Limited, 2025 INSC 874, clarified that a clause stating redressal of the dispute may be sought through arbitration is not a valid arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996. The Hon’ble Court while deciding […]

Supreme Court Affirms Companies as “Victims” Entitled to Appeal Acquittals Under Section 372 Code of Criminal Procedure, 1973

In a significant ruling, the Hon’ble Supreme Court in Asian Paints Limited v. Ram Babu & Another, 2025 INSC 828, has clarified that a complainant company qualifies as a “victim” under Section 2(wa) of the Code of Criminal Procedure, 1973 (CrPC) and is therefore entitled to directly appeal an order of acquittal under Section 372 […]

Complainant in a cheque dishonor case under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”) qualifies as a ‘victim’ – Supreme Court

In a significant ruling, the Hon’ble Supreme Court in Celestium Financial v. A. Gnanasekaran & Ors., 2025 INSC 804, held that a complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”) qualifies as a ‘victim’ under Section 2(wa) of the Code of Criminal Procedure, 1973 (“Cr.P.C”). As […]

Secretly recorded phone calls between spouses are admissible as evidence in divorce proceedings- Supreme Court

In a significant ruling, the Hon’ble Supreme Court in Vibhor Garg vs. Neha, 2025 INSC 829, held that secretly recorded phone calls between spouses are admissible as evidence in divorce proceedings, thereby settling the law amidst conflicting judgments by various High Courts. In arriving at this conclusion, the Court observed that under Section 122 of […]