Tuesday, 21 April 2026

Section 27 Limitation Act: When Delay Destroys Title

Section 27 of the Limitation Act, 1963 is one of the most significant provisions in property law because it goes beyond merely barring a remedy and can extinguish the owner’s right itself. If a person entitled to recover possession of property does not file the suit within the prescribed limitation period, the law treats the right to that property as extinguished.

This is why Section 27 is often described as an exception to the general principle of limitation law. In most cases, expiry of limitation only bars the legal remedy, but under Section 27, the title of the dispossessed owner may itself be lost when the statutory period for a possession suit expires.

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Supreme Court: Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. 479 Of BNSS:

 Although the provisions of Section 479 of the BNSS are gender neutral, it is also necessary for this Court to say that special efforts should be made to identify women prisoners who are entitled to release under the beneficial provision. The concerned Jail Superintendents where the women prisoners are lodged should therefore pay personal attention to the female prisoners, who might have become eligible for the release benefits, under Section 479 of the BNSS. {Para 12}

 S U P R E M E C O U R T O F I N D I A

 RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s).406/2013

IN RE-INHUMAN CONDITIONS IN 1382 PRISONS 

 VERSUS

. & ORS. Respondent(s)

([MR. GAURAV AGRAWAL, SENIOR ADVOCATE IS AMICUS CURIAE.] )

Date : 19-11-2024 This petition was called on for hearing today.

CORAM :

 HON'BLE MR. JUSTICE HRISHIKESH ROY

 HON'BLE MR. JUSTICE S.V.N. BHATTI
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Landmark Supreme Court judgments on bail


Introduction

Over the last three decades, the Supreme Court of India has steadily transformed the law of arrest from a broad police power into a constitutionally disciplined, rights‑oriented process. The Court has insisted that arrest must be lawful, necessary, documented and reviewable, not a reflex or a tool of harassment.
This evolution runs through a series of landmark judgments—on judicial officers, ordinary citizens, women, under‑trials and high‑profile accused—culminating in a recent mandate for written grounds of arrest in all cases.

Delhi Judicial Service Association v. State of Gujarat

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Bombay HC: Police must supply copy of Complaint to accused along with notice U/S 41A of CRPC /S 35 of BNSS

 In the aforesaid backdrop, we are of the opinion that a practice of issuing notices to the individuals/noticees, asking them to attend the inquiry without furnishing the details of the complaint and/or copy of the complaint, violates the mandate of Article 20 Sub Clause 3 of the Constitution of India and is also contrary to the principles of natural justice. {Para 10}

11. Therefore, in our Writ jurisdiction under Article 226 of

the Constitution of India, we are constrained to issue the following

directions to be complied with by all the police authorities within the

State of Maharashtra :

(i) Whenever any person is so summoned with a direction to

participate in the inquiry, whether prior to registration of FIR or

otherwise, the concerned officer shall, as a general rule, shall furnish

a copy of complaint received by the police, along with said notice.

(ii) In cases where it is not feasible to furnish a copy of the

complaint, the notice shall mandatorily contain or annex a separate

sheet mentioning clear and sufficient gist of the allegations levelled

against the individual so summoned, so as to enable the person to

understand the nature of the inquiry that is being held against him.

(iii) Any deviation from the requirement of furnishing complaint

or its narration in a gist, shall be only in rare and peculiar

circumstances where disclosure would seriously prejudice the ongoing investigation or endanger the safety of the complainant or

witnesses. In such cases, if the police officer is of the said opinion,

the reasons for not disclosing the details of the complaint, shall be

recorded in writing by the officer concerned.

12. We, therefore, direct that the Director General of Police,

State of Maharashtra, to circulate this order to all the Commissioners

of Police and Superintendents of Police, forthwith and to ensure its

due implementation in letters and spirit, so as to protect the

constitutional guarantee to every citizen even though he is accused of

committing an offence.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO.1703 OF 2026

Ajay Prakashchand Agarwal Vs State of Maharashtra and Ors.

CORAM : RAVINDRA V. GHUGE &

HITEN S. VENEGAVKAR JJ.

DATE : 15th APRIL, 2026.

Citation: 2026:BHC-AS:18137-DB

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