Topic: abuse-of-process | Valkya Editorial

Sajal Bose v. State of West Bengal: section 528 BNSS quashing when CCTV displaces the prosecution

On 6 April 2026, a three-judge bench held that the inherent powers under section 528 BNSS can be invoked to quash criminal proceedings where unimpeachable material displaces the prosecution's factual foundation; the Bhajan Lal framework carries through unbroken into the BNSS era.

Valkya Editorial·2 Jun 2026·9 min

Landmark JudgmentSupreme Court of India

Section 11(6) and Order 23 Rule 1: how the Supreme Court closed the door on a second arbitrator-appointment application

On 2 April 2026, a Supreme Court bench of Justices P.S. Narasimha and Alok Aradhe held in Rajiv Gaddh v. Subodh Parkash that a subsequent application under Section 11(6) of the Arbitration and Conciliation Act, 1996 — based on the same cause of action as one already abandoned — is barred on the principles contained in Order 23 Rule 1 of the Code of Civil Procedure. A digest of the ruling, the facts that drove it, the doctrinal extension into the appointment stage, and what it tells practitioners about strategy and abandonment.

Valkya Editorial·30 May 2026·8 min