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Janaki” and Judicial Wisdom: A Constitutional Lens on Artistic Freedom and CBFC's Role

Janaki” and Judicial Wisdom: A Constitutional Lens on Artistic Freedom and CBFC's Role By Advocate Prabal Bhandari www.prabalbhandari.com   In a moment that resonates with constitutional clarity and judicial maturity, the Kerala High Court reminded the nation this week that art is not to be shackled by arbitrary gatekeeping , especially not when the freedom of expression guaranteed under Article 19(1)(a) is at stake. The matter in question arose from a legal challenge filed by M/s Cosmos Entertainments , the production house behind the upcoming Malayalam film “JSK: Janaki v State of Kerala” , starring Union Minister Suresh Gopi . The controversy? The Central Board of Film Certification (CBFC) allegedly raised informal objections to the use of the name “Janaki” —claiming it refers to Goddess Sita and could, therefore, hurt religious sentiments. This objection, as presented by the Deputy Solicitor General of India , was purportedly based on the CBFC's interpretation of r...
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Navigating EPF Section 7A Proceedings: An Advocate's Guide to Compliance and Defence By Advocate Prabal Bhandari www.prabalbhandari.com   As an employer in India, navigating the complexities of labour laws is not just a regulatory obligation but a strategic imperative. Among these, the Employees' Provident Fund Organisation (EPFO) regulations hold significant weight. A crucial aspect often encountered by businesses, both large and small, is the proceeding initiated under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. This section empowers the EPFO to determine the dues payable by an employer. For businesses, this can be a daunting prospect, often stemming from alleged non-compliance, under-reporting, or non-remittance of provident fund contributions. As an advocate specializing in labour and employment laws, I understand the intricacies of these proceedings and the critical steps required to protect your interests. This article ai...

Rights of Legal Heirs After a Plane Crash: A Legal Insight into the AI-171 Air India Boeing 787 Tragedy

Rights of Legal Heirs After a Plane Crash: A Legal Insight into the AI-171 Air India Boeing 787 Tragedy By Advocate Prabal Bhandari www.prabalbhandari.com The tragic crash of Air India Flight AI-171 shortly after takeoff from Ahmedabad in May 2025 has devastated hundreds of families, claiming 274 innocent lives. While the investigation is ongoing, disturbing reports suggest that a software-triggered dual engine failure — allegedly caused by a known glitch in the Boeing 787 Dreamliner’s FADEC system — may have played a key role. As legal questions begin to arise, one must examine: What remedies are available to the families of the deceased? In India, the legal heirs of deceased passengers — including spouses, children, parents, or any legally recognized nominee — have the right to seek compensation for the irreparable loss they’ve suffered. This can be pursued both under Indian law and international legal frameworks, depending on the jurisdiction and facts of the case. Under the ...

Maintenance Ka Kanoon: Har Baar Mard Hi Galat Nahi Hota!

Ma intenance Ka Kanoon: Har Baar Mard Hi Galat Nahi Hota! Explained by Advocate Prabal Bhandari A must-read for anyone navigating family law or fighting a maintenance case. In India, maintenance is often seen as a husband’s financial duty, especially after separation or divorce. But the reality is more nuanced—and the law, though empathetic to women, also acknowledges the rights and limitations of men . In my practice as an advocate, I’ve come across countless cases where men are forced to pay maintenance despite facing genuine hardships. So the question arises: Is a man always liable to pay maintenance? The answer is no — not always . Indian courts have clearly laid down instances where a man can be relieved of this obligation , provided he has substantial and honest reasons. Let’s break this down with clarity and support from landmark judgments. One of the key principles courts rely on is "sufficient cause" . In the case of C. Ali v. State of Kerala , the court observ...

Bail Granted Despite Commercial Quantity of Ganja: P&H High Court’s Balanced Approach to Liberty

  Bail Granted Despite Commercial Quantity of Ganja: P&H High Court’s Balanced Approach to Liberty Date: May 5, 2025 Court: Punjab & Haryana High Court Bench: Hon'ble Mr. Justice Sandeep Moudgil Case: Ramesh v. State of Haryana , CRM-M-22787-2025 Case Background In a significant judgment balancing individual liberty and statutory rigour, the Punjab & Haryana High Court granted regular bail to a man arrested under the NDPS Act for alleged possession of 23.310 kg of ganja — a quantity just above the "commercial" threshold under the Act. The petitioner, in custody since December 28, 2023 , invoked the High Court’s jurisdiction under Section 439 of the CrPC , seeking regular bail on grounds of parity , delay in trial , marginal excess quantity , and lack of criminal antecedents . FIR Details & Allegations The FIR was registered at P.S. Sector 17/18, Gurugram , under Section 20(b)(ii)(C) of the NDPS Act, 1985. The police alleged: The petitio...

When Justice Looks Beyond Quantity: A Thoughtful Bail Order in Davinder Singh’s Case

  When Justice Looks Beyond Quantity: A Thoughtful Bail Order in Davinder Singh’s Case By Advocate Prabal Bhandari In a significant bail ruling dated 5th May 2025 , the Punjab & Haryana High Court granted regular bail to Davinder Singh , who had been in jail for over a year and 23 days in connection with a drug case under the NDPS Act, 1985 . But this wasn’t just another routine bail matter. This case tells us a deeper story — one that balances the letter of the law with the spirit of justice . What Was the Case About? Davinder Singh was arrested along with three others while traveling in a car. During a police checkpoint, the car was stopped and searched. The police found 255 grams of intoxicant powder hidden near the dashboard of the car. The NDPS Act classifies such an amount as "commercial quantity" , which usually makes getting bail extremely difficult. However, Davinder was not driving the car. He was just sitting in the back seat. The Court's Re...

P. Sakthi v. Government of Tamil Nadu: A Landmark Supreme Court Ruling on Promotion and Service Rights

  P. Sakthi v. Government of Tamil Nadu: A Landmark Supreme Court Ruling on Promotion and Service Rights In a significant ruling, the Supreme Court of India, on May 2, 2025, in the case of P. Sakthi v. Government of Tamil Nadu (Civil Appeal No. 5835 of 2025), addressed the denial of a Police Constable's promotion to the post of Sub Inspector due to a punishment that was later set aside. This case highlights important aspects of service law, particularly concerning the rights of employees to be considered for promotion. The Case Background P. Sakthi, a Police Constable in the Tamil Nadu Police Department, had been in service since 2002. In 2019, when the State issued a notification for promotion under the departmental quota, Sakthi was eligible for consideration. However, he was denied promotion on the grounds that he had been subjected to a punishment in 2005—specifically, a postponement of his next increment for one year without cumulative effect. While this punishment was in...