Advocate Ganesh Mishra, Distinguished Attorney, Delhi, India

Advocate Ganesh Mishra Supreme Court & Delhi High Court Practitioner Email: advocateganeshmishra@gmail.com | Website: www.advocateganeshmishra.in Protecting Your Rights: Key Supreme Court Rulings of 2025 Every Indian Should Know As an advocate practicing before the Supreme Court and Delhi High Court, I am privileged to witness the evolving landscape of Indian law, where landmark judgments shape the lives of ordinary citizens. In 2025, the Supreme Court delivered rulings that not only clarified legal principles but also reinforced the rights of the common man. These decisions touch on diverse areas-insolvency, taxation, personal liberty, and senior citizens’ welfare-making them relevant to every Indian. Let’s explore these rulings in a simple yet engaging way, showcasing how the law protects you and why staying informed is crucial. 1. Safeguarding Your Business in Insolvency Imagine you’re a business owner acquiring a struggling company to give it a fresh start. What happens if old ...

As a practicing advocate at the Delhi High Court and Supreme Court, I am pleased to share insights from a significant recent judgment by the Punjab and Haryana High Court in Rohit Sharma Alias Raju v. State of Punjab (2025 NCPHHC 61133). This case underscores the judiciary’s commitment to balancing legal rigor with constitutional protections, particularly under Article 21 of the Constitution of India.In this case, the petitioner, accused under Section 22(c) of the NDPS Act, 1985, for possessing a commercial quantity of Tramadol tablets, sought regular bail after nearly three years in custody. The court, presided over by Hon’ble Mr. Justice Sandeep Moudgil, granted bail, emphasizing that “bail is the rule and incarceration the exception.” Key factors influencing the decision included the petitioner’s lack of prior criminal history, the prolonged custody period (2 years, 11 months, and 3 days), and the anticipated delay in trial completion, with only 3 of 16 prosecution witnesses examine...

  By Advocate Ganesh Mishra,                                Founder, Mishra and Associates,  New Delhi advocateganeshmishra@gmail.com www.advocateganeshmishra.in Mob +91-9136273395 Introduction The accession of Jammu & Kashmir (J&K) to India in 1947 remains one of the most significant and debated chapters in Indian history. While official narratives have often focused on the events following the Pakistani tribal invasion, a closer look at historical records and testimonies reveals a more nuanced story-one that challenges many popular perceptions and raises important questions about political decisions at the highest level. The Maharaja’s Dilemma and Early Steps Toward India Maharaja Hari Singh, the ruler of J&K, faced a complex situation in the months leading up to independence. With partition violence raging and his state’s Muslim-majority demography, he initially sough...

Questioning the Naming of National Institutions It is worth reflecting on why some of India’s most prominent universities, such as Jawaharlal Nehru University (JNU) and Indira Gandhi National Open University (IGNOU), bear the names of these political leaders. The academic credentials of Jawaharlal Nehru, while respectable, were not extraordinary. Nehru studied at Harrow and Trinity College, Cambridge, earning an honours degree in natural science, and later qualified as a barrister in London, passing his exams “with neither glory nor ignominy”[1][4]. His educational journey, though privileged, did not set him apart as a scholar of exceptional distinction. Indira Gandhi, despite her influential role in Indian politics, did not complete a university degree. This stands in stark contrast to many young men and women from less privileged backgrounds across India who, despite significant hardships, manage to complete their graduation and post-graduation[6][9]. Whom Should We Celebrate in Acad...

  Property disputes are common in Delhi, especially among middle-class families who have invested their life savings in real estate. Issues can arise due to unclear property titles, illegal possession, or disputes among family members. Do’s: Always verify the property title and ownership documents before purchasing. Register your property and keep all legal documents safe. Consult a lawyer before signing any property agreement. Don’ts: Don’t rely solely on verbal agreements or informal receipts. Avoid shortcuts in property registration or mutation. Without proper legal advice, you risk losing your investment or getting entangled in lengthy court battles. For expert guidance, contact Ganesh Mishra, Advocate, Supreme Court and Delhi High Court, at Mishra & Associates, Mayapuri, New Delhi.   Conclusion: Why You Need Expert Legal Advice Legal issues can have lasting financial and emotional consequences if not handled properly....

Supreme Court’s Landmark Ruling on Omnibus Demand Notices Under Section 138 NI Act: What Cheque Dishonour Victims Must Know In a significant judgment dated December 12, 2023, the Supreme Court of India in Upasana Mishra v. Trek Technology India Pvt. Ltd. (Criminal Appeal No. 3786 of 2023) has clarified the legal requirements for demand notices under Section 138 of the Negotiable Instruments Act, 1881. This ruling is a crucial development for anyone who has faced the frustration and financial loss caused by cheque dishonour. Facts of the Case The appellant, Ms. Upasana Mishra, issued a legal demand notice to the respondent company after a cheque was dishonoured. The notice demanded a lump sum amount of ₹6,50,000 which included: - The cheque amount (not specifically stated), - Interest at 12% per annum from the date of dishonour, - Damages of ₹50,000 per month, - Notice charges of ₹5,500. The notice did not clearly specify the exact cheque amount separately but made an omnibus demand com...