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Abstract The Rajasthan High Court has become a major defender of personal freedom for couples and live-in partners who encounter opposition from families or society, citing Articles 19, 21 and 14 of the Constitution. This article surveys significant ruling that recognize police protection for inter-caste, interfaith marriages, and live-in partnerships, and at the same time scrutinizes the recent submissions of cases to larger benches for the safeguarding of married people in live-ins.1 Based on the decisions of the years 2024-2025, the paper reveals the judiciary’s struggle between personal freedom and the power of social customs and urges the need for legislative clarification on the matter of live-in registration. Introduction In the case of Rajasthan, the firm community and family system often leads to theindividual choice in relationships being at odds with societal pressures resulting inhonour killings and forced separations. The High Court has played as assertive role in protecting such couples by ordering the police to ensure their safety under Article21’s provision of ‘right to life and personal liberty’, which has been interpreted to include marital and relational autonomy.2 A decision Reena v. State of Rajasthan (2025) highlights the conflict among judges with respect to the protection of cohabiting couples, especially when one partner is already married, which hasrecently been the case. The decisions are founded upon the Supreme Court’s previous decisions such as Lata Singh v. State of U.P. and Shakti Vahini v. Union of India stating ‘honour cannot supersede constitutional rights.’3 The Court prescribes reporting to police of threats, provision of safe houses, and police being responsible. At the same time, the Court also recommends the establishment of legislative frameworks similar to that of Uttarakhand’s Uniform Civil Code for registration of living together in the future Protection for Inter-Caste and Interfaith Marriages The Rajasthan High Court, as a general rule, provides security to the couples of different religions or castes who are at risk of being harmed by their families or by khap panchayats. In a very significant case of 2025, Justice Sameer Jain ordered “enhanced police protection” for the inter-caste couple, denouncing police inactivity and making reference to Prakash Singh v. Union of India for the sake of accountability reforms.4 The Court was of the opinion that the right to choose one’s partner and the right to live freely, covered by Article 14-21 respectively, were violated in case of harassment, which the Court termed as a “constitutional violation”. The Court’s earlier decisions are in harmony with this one: it has invalidated FIRs lodged by the families under false accusations and has even directed the police to protect those who have married under the Special Marriage Act, 1954.5 As per legal blogs, the practice in Rajasthan is such that the couple is required to submit certain documents like affidavits of majority/consent, Aadhar, and proof of threat for getting interim relief. Any failure on the part of the police to comply with such requirements will result in punishment for contempt, which has been the case in several orders delivered in 2024-2025. Judicial Approach to Live-in Relationships The Article 21 guarantees live-in relationships of consenting adults a very high degree of protection, assuming there is no criminal activity involved. The Court treats them like “in the nature of marriage” for certain rights which are give under the Domestic Violence Act, 2005 allowing for maintenance, residence, and safety orders. Major 2024-2025 verdicts: Rashika Khandal v. State of Rajasthan (2021, reaffirmed 2024): Protection was notaccorded where one of the partners was married, with justifying subsisting maritalobligations given priority. Suman Kumari v. State of Rajasthan (2023): No protection for the adulterous live-inrelationships was reiterated, but protection was provided for unmarried consentingpartners. Nonetheless, Reena v. State of Rajasthan (2025) pointed out disunions and broughtthe question of whether married couples living together have the right to protection to a larger bench.9The single judge has pointed out that the registration requirement of Uttarakhand’s UCC could serve as an example, and he has encouraged Rajasthan to make laws filling the gaps for women/ children living in such unions. Referral to Larger Bench: The Married Live-in Dilemma In January 2025, the Rajasthan High Court after the Reena case recommended several basic issues to be decided by a larger bench: Can married persons assert live-in protection? Is it necessary to register? The ruling brought to attention contradictions: some courts protect even when there is marriage (referring to Velusamy v. Patchaiammal) while others deny protection (Allahbad/ Punjab & Haryana HCs). The interim orders comprise police consent/ age verification and shelter distribution. Legalblogs analyzing the referral foresee a complicated ruling reasonably balancing the liberty under Article 21 with the echoes and societal harmony from Section 497 IPC (adultery, now abolished). Until a decision is made, single benches extend protection to unmarried couples living together on a case-by-case basis. Police Accountability and Systemic Reforms The High Court of Rajasthan issued a set of rulings that pointed out the police should be the “first responders” for the safety of couples. The directives laid down are as follows:- Instantly file FIRs under IPC Sections 506/341 for threats. Provide 24/7 security, use vehicles with GPS for relocation.- Submit monthly compliance reports to the Court. The inter-caste ruling of 2025 was critical of the “diluted” Police Accountability Committees under the Rajasthan Police Act, 2007, and insisted on compliance with Prakash Singh. The legal guide of Shekhawat confirms that more than 200 protections were granted in 2024–2025, with threats of contempt ensuring their execution. Challenges and Legislative Recommendations The problems are still there: the police are not willing to help in the countryside, thefamilies take revenge after the protection is over, and there are no statutes concerning live-in relationships.  The Supreme Court in Reena recommended: – State-wide live-in registry for protections/maintenance. – Awareness campaigns on Article 21 rights. – Fast-track Habeas Corpus for missing partners.  Vidhi Centre’s analysis supports UCC-like reforms, noting Rajasthan’s 2025 PILspushing mandatory registration. Conclusion Rajasthan High Court is the perfect illustration of proactive constitutionalism, whichat first sees couples/live-in partners safe from honour-based violence through

Abstract Intellectual property rights help protect ideas, creativity, and innovation. Trademarks, copyrights, and patents are commonly used by individuals and businesses to secure their work and brand identity. However, many applications fail because applicants are not aware of basic legal requirements. Common mistakes include lack of prior research, incorrect filing, incomplete documents, and delay in responding to official notices. This study discusses these practical errors and explains how simple precautions like proper searching, accurate details, and timely renewals can help in effective protection of intellectual property rights. Understanding these issues can save time, money, and legal trouble for creators and entrepreneurs. Introduction Intellectual property plays an important role in protecting ideas, creative works, and inventions. Trademarks protect brand identity, copyrights safeguard creative expressions, and patents secure new inventions. However, the process of applying for these rights is not always simple. Small mistakes such as incomplete forms, incorrect information, or lack of proper research often result in rejection or delays. Being aware of these mistakes helps applicants protect their rights smoothly and avoid legal complications. 1.Trademark A trademark provides legal protection to brand names, logos, symbols, or slogans that identify goods or services. It prevents others from using similar marks that may confuse consumers. Many applications are rejected because applicants overlook basic requirements or make avoidable errors during filing. Careful planning and correct filing are essential for successful trademark registration.. Common mistakes in trademark application: 1. Not conducting a proper trademark search – Many applicants file a trademark without checking whether a similar mark already exists. This often leads to objections or refusal. Ex – Sweet Bite is rejected because Sweet Bites is already registered.  2. Choosing a generic or descriptive name – Names that describe the product or itsquality lack distinctiveness and are usually rejected. Example: Fresh Milk for dairyproducts or Quality Masala for spices.  3. Filing under the wrong class – Trademark protection depends on correct classification of goods or services. Filing in the wrong class leaves the mark unprotected. Ex- A clothing brand files under Class 35 instead of Class 25.  4. Using a logo or symbol similar to an existing brand – Even minor similarities withwell-known logos can lead to objections. Ex – A half-bitten apple logo is objected todue to similarity with Apple’s logo..  5. Submitting incomplete or incorrect details – Errors in names, spelling, or missingdocuments can delay or reject the application. Ex – Wrong owner name or unclearproduct description.  6. Not responding to objections on time – Failure to reply within the prescribed timeresults in rejection. Ex – No reply to examination report leads to refusal.  7. Incorrect use of trademark symbols – Using ® before registration is illegal; only ™ is allowed. Ex – Using ® on products before registration attracts penalties. 8. Not monitoring the application status – Applicants often miss important notices due to lack of follow-up. Ex – Opposition notice ignored application abandoned.  9. Not renewing the trademark on time – Trademarks must be renewed every 10 years. Ex – Failure to renew allows competitors to use similar marks.  10. Trying to register common words or symbols – Common words and simple shapes lack exclusivity. Ex – Best Choice or common symbols like stars.  Practical Tips for Trademarks  • Conduct a thorough trademark search before filing.  • Choose unique and distinctive marks.  • File under the correct class.  • Ensure accurate applicant details.  • Respond promptly to objections and notices. 2. Copyright Copyright protects original creative works such as books, music, films, artwork, photographs, and software. It grants creators exclusive rights to reproduce, distribute, and license their work. Although copyright exists automatically upon creation, registration provides legal proof of ownership and strengthens enforcement. Many creators overlook important legal aspects while registering copyright, which can later lead to disputes or weak protection. Common mistakes in copyright application:  1. Not registering the work – Creators often assume registration is unnecessary, but it is essential for legal enforcement. Example: An author struggles to prove ownership after online plagiarism.  2. Incomplete or incorrect application details – Missing or incorrect information may lead to objections. Example: Failure to mention a co-author in a music composition.  3. Registering under the wrong category – Selecting the wrong category reduces protection. Example: Software registered as a literary work instead of a computer program.  4. Trying to register copied or derivative work – Copyright protects only original creations. Example: A song copied from an existing track is rejected. 5. Ignoring joint authorship issues – All contributors must be mentioned clearly to avoid disputes.  6. Not maintaining proof of creation – Drafts, notes, and dated files are important evidence. Example: An artist loses original files and struggles to prove authorship. 7. Not updating modified works – Major changes or new versions may require freshregistration. Practical Tips for Copyrights  • Register original work for stronger protection  • Select the correct category  • Maintain proper records and drafts  • Mention all authors and owners clearly  • Keep applications simple and accurate   3. Patent A patent grants exclusive rights to an inventor for a new, useful, and non-obvious invention, usually for 20 years. Patent protection encourages innovation but involves a highly technical and strict application process.  Mistakes during patent filing often lead to rejection or weak protection.  Common mistakes in patent application:  1. Not conducting a prior art search – Failure to check existing patents leads to ejection due to lack of novelty.  2. Poorly drafted patent specification – Unclear or vague claims weaken protection.  3. Public disclosure before filing – Disclosing the invention publicly destroys novelty. Example: Demonstrating an invention at an exhibition before filing.  4. Not claiming all inventive features – Incomplete claims leave gaps in protection.  5. Incorrect inventor or ownership details – Errors may cause future legal disputes. 6. Missing deadlines and procedural requirements – Non-compliance leads to abandonment. 7. Filing in the wrong jurisdiction – Patents are territorial and must be filed where protection is needed.  8. Trying to patent non-patentable subject matter – Abstract ideas and

Abstract India’s startup ecosystem faces brand protection challenges despite unprecedented growth. This article examines the critical role of trademark registration for startups and SMEs through recent case law, the SIPP scheme, and judicial precedents, including Toshiba v. Tosiba and Amazon’s ₹339 crore damages, demonstrating that trademark protection is essential business infrastructure Introduction There’s no secret that Indian businesses are no less than a mystery in 2025. According to the DPIIT, more than 16,150 registered entrepreneurs are developing innovative solutions and driving incredible economic growth. Due to inadequate trademark protection, the majority of these businesses stand to lose their brands, and customers become enraged, and their policies become anticompetitive. 2024 saw 540,000 trademark applications—a gain of 9.3%. It is apparent that Indian businesses are coming to appreciate the value of protective legislation around IP. Entrepreneurs and Owners of SMEs are granted the sole and exclusive right to utilize their business identifiers as protected by the Trade Marks Act 1999: the name, the logo, the slogan, the jingle, the colour, and even the sound. The reputation of a business, and more so a brand, can be destroyed in a nanosecond in today’s digital world. As such, trademark protection is no longer a compliance issue but a business imperative. This article addresses the infrastructure of law, the jurisprudence, the political incentives, and the economic outcomes that accrue to a business from national registration of a trademark. The Legal Framework and Recent Developments 1. Statutory Protection Under the Trade Marks Act, 1999:  All trademark issues are covered under the Trade Marks Act, 1999 in India, which also gives protection from infringement, passing off, dilution, etc, and, under Section 28, gives registered owners exclusive rights to the use of the trademarks. Section 29 also states that there is infringement of trademark rights for the unpermitted use of the identical or similar marks.  The 2025 amendments introduced the first set of procedural changes, which were beneficial to the startups and the SMEs. There were process digitization, compliance simplification, and AI scanning to reduce conflict. All of these helped in shortening the registration time for trademarks which helped for better integration of India’s trademark law to the ever-changing business environment. 2. Government Initiatives: SIPP Scheme and Fee Concessions Startups operating up to FY 2025–26 can still avail themselves of the Startup Intellectual Property Protection (SIPP ) program benefits. Recognized start-ups receive 80% off trademark registration costs and professional assistance with patent filings, and the costs to the government are now ₹4,500 per class (down from ₹9,000 for other entities). Registered Micro, Small, and Medium-sized Enterprises (MSMEs) receive half the costs due to their limited resources and are therefore eligible for these policies.  This is in fact, addressing fundamental market failure i.e. the uneven costs of protecting patents. There is also evidence from 2024 showing that the rate of patent filing by start-up applicants is up 131%, indicating the policy’s success in reducing the costs of accessing IP protection mechanisms. Judicial Precedents: Lessons from Landmark Cases 1. Kabushiki Kaisha Toshiba v. Tosiba Appliances (2024):Kabushiki Kaisha Toshiba v. Tosiba Appliances Co., 2024:DHC:6178 (Delhi H.C. Aug. 16, 2024). This landmark Delhi High Court decision concluded a five-decade trademark dispute, establishing critical precedents for mark similarity and seniority rights. The Court affirmed that TOSIBA was very similar to TOSHIBA and therefore was awarded permanent injunctive relief. Justice Shankar Narula remarked that loss or damage should be based on a reasoned analysis of the evidence that warrants the amount of the loss or damage being claimed. This has established three things. One is the seniority of a trademark, which is the most important. The first to register a trademark has a priority right, and that right becomes more difficult to contest as time goes on. The second is that the triple-identity test is the most effective and uncomplicated way to prove that infringement has occurred. The last is that sufficient proof of use of a particular brand, its reputation, and the goodwill of its customers is essential to establishing a right to loss or damage. 2. Lifestyle Equities C.V. v. Amazon Technologies Inc. (2025)Lifestyle Equities C.V. & Anr. v. Amazon Techs. Inc., CS (COMM) 295/2020 (Delhi H.C. Feb. 25,2025). In a watershed ruling addressing e-commerce platform liability, the Delhi High Court ordered Amazon Technologies to pay ₹339.25 crores (approximately $39 million) in damages for trademark infringement of the Beverly Hills Polo Club (BHPC) brand. The Court said that Amazon’s private-label “Symbol”featured a logo that was “hardly distinguishable” from BHPC’s registered mark, which was “deliberate and willful infringement.”  As per Justice C. Hari Shankar’s decision, he clearly turned down Amazon’s attempts to claim intermediary immunity. That statement involved how platforms can’t avoid responsibility through a “strategy of obfuscation” when they act as middlemen, retailers, and brand owners simultaneously. For startups and SMEs, this decision sets the sub-text that even dominant e-commerce platforms face substantial damages for trademark violations, strengthening brand owners’ enforcement capabilities against online infringement Strategic Imperatives for Startups and SMEs 1. Brand Identity as Competitive DifferentiationHow trademarks work in overly saturated markets. Registered trademarks allow the trademark holder to build a reputation for a particular quality, charge premium prices, and garner customer loyalty. For companies in the highly competitive marketplace that don’t have much capital, brand loyalty and reputation become the most valuable intangible asset, and need to be protected legally. 2. Investor Confidence and Valuation Enhancement:  Sustainable trademarks lead to at least a potential for strong positive due diligence and building a reputation of being a commercially viable, strategically advanced, low legal risk, and well-managed business. All of which should lead to high multiple valuations and access to capital. Not having a trademark poses a risk of damaging brand equity and, in many cases, leads to a lack of meaningful investment in the business.  3. Enforcement Rights Against Infringement: Section 29 of the Trade Marks Act gives registered owners the right to sue for infringement, whereas unregistered mark users do not have this right. Common law remedies for passing

Abstract A Cheque is not a mere piece of paper, as it personifies trust, obligation and assurance of payment. A cheque is widely used for commercial and personal transactions. However, when a cheque is returned unpaid, it is referred to as a Cheque Bounce, which often leads to legal consequences beyond financial embarrassment. In India, Section 138 of the Negotiable Instruments Act, 1881 (NI Act), governs the cheque bounce matters and provides legal remedies available to the payee when a cheque bounces. The initiating part of this legal matter is serving a legal notice to the payer. Introduction Cheque Bounce is a significant legal issue that arises when a bank dishonours a cheque due to an insufficient balance or other valid reasons. It is a Criminal offence under Section 138 of the Negotiable Instruments Act, which lays down the statutory procedure which is to be duly followed, in which the first step is to serve a notice properly. Section 138 lays down the legal framework, notice requirements, procedural timelines, and practical implications of cheque bounce cases in India. Understanding Cheque Bounce A cheque will be considered bounced or dishonoured when a bank refuses to honour it on presentation. Section 138 attracts criminal liability when a cheque bounces due to various reasons, such as insufficient funds, a closed account, or technical errors. Legal Framework Under Section 138 Dishonour of a cheque makes it criminally punishable under Section 138 of the Negotiable Instruments Act if:  The cheque is drawn for a legally enforceable debt or liability.  The cheque must be presented within its validity period.  The bank returns it unpaid.  A legal notice demanding payment is issued within time.  The drawer fails to pay within the notice period. In Section 138, the penalty includes imprisonment for up to two years, a fine of up to twice the cheque amount, or both. Purpose of Legal Notice First mandatory legal step when a cheque bounces case is to serve a legal notice,which must be strictly complied with. Three primary purposes are served: Official Intimation: Drawer must be informed about the dishonour of thecheque, and the drawee must demand payment. Statutory Compliances: Satisfies the precondition for prosecution underSection 138. Possibility of Cooperative Settlement: Before approaching the court, the lawgives the cheque issuer an opportunity to sort out the problem peacefully. Instead of rushing into litigation, both sides are encouraged to talk and resolve the matter through mutual understanding. This step helps avoid the stress of court proceedings and allows the issue to be settled in a practical way, saving everyone involved valuable time, legal expenses, and avoidable disputes. Timeline At the same time, the law lays down strict timelines that must be followed. Thecheque must be taken to the bank and deposited while it is still valid. As of now, thisperiod is three months from the date written on the cheque.  If the cheque is not presented within this time, it is treated as stale, and the holder may lose the right to take legal action if the cheque is later dishonoured. Sending the legal notice (within 30 days) Once the bank issues the cheque return memo, the person who received the chequemust send a written legal notice to the cheque issuer. This notice has to be sent within 30 days of the date the memo is received. The purpose of this notice is to formally inform the issuer about the dishonour and give them a chance to make the payment.  Time given to respond (15 days)After the notice reaches the cheque issuer, the law gives them 15 days to pay the cheque amount. This period is meant to allow the matter to be resolved without going to court.  Filing a complaintIf the payment is not made within these 15 days, the next step is to approach the court. The complaint must be filed within 30 days after the 15-day notice period ends. Missing any of these deadlines can seriously weaken the case and may even result in it being dismissed What a Proper Legal Notice Should Contain A legal notice must be drafted carefully and clearly. It usually mentions: Details of both parties – full names and addresses of the person who issuedthe cheque and the person who received it. Cheque details – cheque number, date, amount (both in words and figures),and the bank and branch on which it was drawn. Dishonour details – the date on which the cheque was returned and the reasonmentioned by the bank. Apparent demand for payment – an explicit demand asking the chequeissuer to pay the full amount. Time limit – a clear statement that payment must be made within 15 days ofreceiving the notice. Legal warning – a reference to the legal consequences under Section 138 ofthe Negotiable Instruments Act if payment is not made. To support the notice, copies of the dishonoured cheque, the bank’s return memo, and proof that the notice was delivered are usually attached. How the Notice Is Served Most legal notices are sent by registered post with acknowledgement due orthrough an advocate. This method provides solid proof that the notice was delivered. While some people also send notices through email or WhatsApp as an additional step, traditional postal delivery is still considered the safest and most reliable method in court. What Happens After the Notice  If payment is made in timeIf the cheque issuer pays the amount within the 15-day period, the issue ends there. No court case is required. If payment is not madeIf the issuer ignores the notice or fails to pay, the payee can file a criminal complaintunder Section 138 before the appropriate Magistrate’s Court. Settlement or compromiseEven after a case is filed, both sides can still negotiate and settle the matter. Courtstoday encourage such settlements, and in many cases, a compromise can preventimprisonment.  Legal and Practical Consequences Criminal liability – A conviction under Section 138 can lead to imprisonmentof up to two years, a fine of up to twice the cheque amount, or both. Civil remedies –

Abstract Acquisition of land to build national highways has indeed been one of the most prevalent causes of forced acquisition of private land in India. There is constant acquisition by the NHAI in Rajasthan, where national highways are long-stretching and being expanded continuously through Bharatmala. In straightforward and practical terms, this guide explains how compensation and rehabilitation is calculated, what the law requires in statutory steps, and what remedies can be taken if the award is not fair or if the process is unlawful. The discussion focuses on how the National Highways Act, 1956 interacts with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act). Case laws, practical experience, and rules applicable to Rajasthan are included so lawyers, advisers, and affected families can comfortably handle every step. Part 1 provides an overview of the legal framework, compensation amount, and rehabilitation. Introduction Land acquisition for infrastructure building is undeniably part of the development process of a developing nation like India. However, compulsory acquisition can be disastrous to land owners, farmers, tenants, and families who rely on livelihood. That is why Indian laws regarding land acquisition have gradually developed from the Land Acquisition Act 1894 to the RFCTLARR Act 2013, which tries to ensure just compensation and orderly rehabilitation. National highway projects create a special interactivity of laws. Historically, national highway acquisition was done under the National Highways Act, 1956 (NH Act). Since 1 January 2015, the Central Government has exercised the enhanced compensation and solatium provisions of the RFCTLARR Act for purchases under the NH Act. As a result, compensation in NHAI projects in Rajasthan is largely determined based on RFCTLARR principles, subject to special notifications and judicial interpretation. This hybrid legal system can be confusing to lawyers, in-house counsel, policy advisers, and land owners. This guide clarifies not only what the law says but also how it is implemented in Rajasthan. Part 1 addresses the legal framework, valuation process, and rehabilitation tasks. THE LEGAL ARCHITECTURE: TWO ACTS OF CENTRAL APPLICATION RFCTLARR ACT, 2013 The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) is the central legislation governing land acquisition, compensation, and rehabilitation in India. It was enacted to replace the Land Acquisition Act, 1894, which was widely criticized for enabling arbitrary and inequitable compulsory acquisition of land. The 2013 Act introduced three major structural reforms to ensure fairness and transparency: 1. Scientific Determination of Market Value : The Act prescribes a structured and objective mechanism for assessing market value, supported by statutory guidelines to prevent undervaluation. 2. Mandatory Solatium : A compulsory addition of 100 percent solatium is provided to compensate landowners for the compulsory nature of acquisition and the resulting loss.   3. Comprehensive Rehabilitation and Resettlement (R&R) Framework ; The Act establishes an organized R&R regime to safeguard the livelihood, housing, and social security of affected families.  The key statutory provisions relevant to compensation and R&R include: Section 26 – Lays down the procedure for determining market value of the land Section 28 – Enumerates the factors to be considered while determining compensation Section 30 – Mandates payment of 100 percent solatium over and above the market value Second Schedule – Specifies the entitlements for rehabilitation and resettlement Third Schedule – Prescribes infrastructural amenities to be provided in resettlement areas Compensation under the RFCTLARR Act is required to reflect actual prevailing market conditions and cannot be reduced arbitrarily by the acquiring authority. In Union of India v. Tarsem Singh, the Supreme Court affirmed that solatium and interest under the RFCTLARR Act have universal applicability wherever the Act or its provisions are adopted, reinforcing the mandatory and beneficial nature of these compensation components. CONFLICT BETWEEN THE NH ACT, 1956 AND THE FOURTH SCHEDULE Highway projects are governed by the National Highways Act, 1956 (NH Act). The Fourth Schedule of the RFCTLARR Act, 2013 lists certain enactments, including the NH Act, which were not initially intended for direct and automatic application of the RFCTLARR framework. To address the resulting conflict and ensure uniformity in compensation and rehabilitation, the Central Government introduced corrective measures, namely:  Removal of Difficulties Orders (2014–2015) Notifications issued under Section 113 of the RFCTLARR Act Procedural circulars issued by the Ministry of Road Transport and Highways (MoRTH) Through these measures, the First, Second, and Third Schedules of the RFCTLARR Act, relating to compensation and rehabilitation and resettlement, were made applicable to land acquisitions carried out under the NH Act. This process of statutory harmonization was recognized by the Supreme Court in Union of India v. Shiv Raj2, wherein it was held that beneficial compensation provisions cannot be denied merely because the acquisition is undertaken under a different enactment. RAJASTHAN RFCTLARR RULES, 2016 The RFCTLARR Act, 2013 mandates State Governments to frame operational rules for effective implementation of the Act. In compliance with this requirement, the State of Rajasthan notified the Rajasthan RFCTLARR Rules, 2016. These Rules provide the procedural framework governing land acquisition within the State and specifically lay down provisions relating to:  Social Impact Assessment (SIA) procedures  Establishment and functioning of local offices of the Collector and the Administrator  Issuance of notices, conduct of hearings, and maintenance of records  Mechanisms for delivery of rehabilitation and resettlement (R&R) benefits  In the context of NHAI projects in Rajasthan, the Central Government retains control over substantive principles of compensation, whereas the State Government administers procedural aspects through the District Collector and the Land Acquisition Officer. COMPENSATION: HOW MARKET VALUE AND FINAL AMOUNT ARE CALCULATED Compensation under the RFCTLARR Act, 2013 is multi-component and sequential. Each stage of computation has independent legal significance, and errors at any stage may render the award vulnerable to challenge. Practitioners must therefore scrutinize every component carefully, as compensation awards can be assailed only on recognized statutory and judicial grounds. Step 1: Market Value (Section 26) Market value is the base of compensation. The Collector must consider comparable registered sale deeds of the last three years, circle rates, actual transaction evidence, and land

Abstract Land acquisition in India has always been a balancing act between public development and private rights. The infrastructure expansion initiated by national and state authorities, such as NHAI and JDA, accelerates urban growth and economic progress but often instills fear, anxiety, and feelings of injustice in farmers, for whom land is tantamount to a source of livelihood. In this respect, the voyage from the colonial Land Acquisition Act, 1894, to the progressive Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, drastically improved the legal protection for compensation, social impact assessment, and rehabilitation. However, irregularities, undervaluation, delayed payments, and procedural infringements are quite common. This paper highlights the legal rights of landowners, compensation frameworks, major case laws, and procedural safeguards along with practical legal remedies that will help to empower landowners in defending their rights sans fear. Introduction Land for a farmer is more than a title to property; it is dignity, culture, livelihood, and identity. Its acquisition often feels like the loss of the foundation one has built an entire life on. While the government does have eminent domain powers, those are not absolute. Article 300A of the Constitution prohibits deprivation of property except by authority of law.¹ Any land acquisition must, therefore, be strictly according to procedure, transparency, and just compensation standards. The rapid development of India needs roads, flyovers and smart cities-projects executed by NHAI and urban authorities like JDA. But development cannot justify exploitation. As observed by the Supreme Court, the right to property, though no longer a fundamental right, still remains a human rights. ² This paper seeks to clarify the law so that all farmers understand: •What authority can and cannot do?  •What salary is reasonable?  •What if the valuation is wrong?  •What if possession is taken without payment?  •How and where to challenge illegal acquisition? Legal Framework of Land Acquisition 1. Who acquires land and under what provisions? • NHAI National Highways Act, 1956³-Highways, expressways, national corridors • JDA Jaipur Development Authority Act, 1982 Urban development, housing & planning • District Collector/LARR Authority LARR Act, 2013 Compensation+ R&R implementation, Even when acquisition is initiated under a special Act like the NHAI Act, the determination of compensation has to be in consonance with the principles of fairness under LARR Act. 2. Stages of Acquisition — What Farmers Must Ensure Preliminary Notification (Section 11, RFCTLARR Act) Publication of notification in newspapers informing affected persons of the proposed acquisition, thereby granting the right to file objections under Section 15 of the Act. Social Impact Assessment (SIA) Assessment of the actual impact on livelihood, land use, and environment, ensuring participation of affected families and compliance with principles of transparency and fairness. Final Declaration Formal confirmation of the public purpose and necessity of the project, with an opportunity for affected persons to raise grievances regarding necessity or scope of acquisition. Award and Compensation (Valuation of Award) Determination of compensation, including market value and statutory solatium, with the right to object to under-assessment or improper valuation. Rehabilitation and Resettlement (R&R) Implementation Implementation of resettlement and rehabilitation measures, securing the right to R&R benefits prior to displacement, in accordance with statutory and constitutional safeguards. Taking of Physical Possession Physical possession of land only after payment of compensation and R&R entitlements, in consonance with Article 300A of the Constitution, ensuring protection against arbitrary deprivation of property. Supreme Court: No possession without compensation is valid and enforceable.⁵ Compensation Formula: Know Your Entitlement Calculation of Market Value Compensation = Market Value × Multiplier + Solatium 100% + Assets Compensation + Interest @ 12% Location Type Multiplier Allowed Rural Area – 1.0 to 2.0 (farther village = higher) | Urban Area- 1.0 Other benefits payable: •House for displaced families •Transportation allowance ₹50,000 •Livelihood allowance ₹5,00,000 or annuity •Employment where applicable Market value of land must account for future potential and not just current use. In other words, if the highway or urban corridor increases future commercial value, then compensation must account for that potential. Crop, Trees & Structures Compensation consists of full value of wells, borewells, houses, cattle sheds, trees & standing agricultural produce. JDA & NHAI cannot exclude a single livelihood-dependent structure.  Landowners’ Rights: Know Your Power • Right to Notice • Right to Fair Market Value •Right to Object • Right to SIA •Right to Rehabilitation & Resettlement • Right to Court & Tribunal Remedy • Right against Forced Eviction Farmers cannot be pressurized into accepting low compensation.⁷ How Does A Legal Notice Strengthen A Property – Related Case ? Case Legal principle established Tukaram Kana Joshi v. Maharashtra⁹ Forced dispossession without compensation violates Constitution Pune Municipal Corp. v. Harakchand¹⁰ Delay in compensation → acquisition lapses Tarsem Singh Case¹¹ Compensation must include potential value Karigowda Case¹² Loss of future development value recognized NHAI v. Sayedabad Tea Co.*¹³ Tribunal jurisdiction for dispute Royal Orchid Hotels v. G. Jayarama Reddy¹⁴ Acquisition for private profit not a public purpose Bangalore Development Authority v. R. Hanumaiah¹⁵ Abuse of state power strictly reviewable Kedar Nath Yadav Case¹⁶ Acquisition benefiting corporations scrutinized Radhey Shyam v. State of U.P. Property rights anre human rights These judgments say loud and clear: “Development cannot destroy justice.” Consent and SIA – Not Formalities Consent requirement applies mainly to PPP and private projects. PPP (projects and projects undertaken by private companies): 70% consent required Private companies: 80% consent required Government-led projects (e.g., highways): No consent required Social Impact Assessment (SIA): Mandatory in all cases If serious livelihood impact is proved through SIA, the acquisition may be stayed Public Purpose — Not a License for Abuse Courts check genuineness of public purpose: •If land is given later to private builders – Illegal acquisition •If excess land is acquired beyond requirement of the project – Challengeable •If the authority acts arbitrarily – Article 14 Infringement Judicial review ensures fairness > force. Procedural Violations: When Acquisition Becomes Illegal Violation Results-  •Possession without award: The entire acquisition can be struck down.  •Non-payment / delayed payment Proceedings lapse  •No SIA done  •Incorrect rural/urban classification Compensation

Abstract This article highlights the essential role of a legal notice as a preliminary step in property related cases. It outlines the functions of legal notice as not a mere formality but as an important tool that brings clarity in claims, records the case history and compels the opposing party to acknowledge the issues concerned. It contains the factual matrix, legal claims, and legal grounds, providing a pre-litigation opportunity. This article emphasises that a legal notice is a first step that prevents premature litigation and encourages communication, negotiation and corrective actions. It further highlights that a well-drafted legal notice strengthens the complainant’s case if the matter extends to court by demonstrating diligence and good faith. Overall, this article underlines that issuance of a legal notice is a strategic, significant and legally discreet step before filing a property-related dispute. Introduction Property-related cases are one of the most common and complex legal conflicts that often arise due to disagreements over ownership, proprietorship, boundaries, lease or any contractual obligation performance. Before the complainant reaches court, the law encourages parties to adopt a formal and strategic step of communication that is a legal notice service. This service not only serves as a procedure but also acts as an important mechanism that promotes clarity and encourages the possibility of resolving the dispute without litigation. A legal notice allows the aggrieved party to serve a legal notice to the opposite party that contains factual and legal grounds of the dispute in a structured manner, while giving the party a final timeline to respond or correspond to in issue. This acts as a safeguard against unnecessary litigation and provides opportunities for pre-litigation resolutions effectively. This introduction provides the context for understanding why issuing a legal notice is important in property-related disputes. Understanding Legal Notice A legal notice is a formal communication served that clearly outlines the nature of the property dispute, the grounds or events that led to the conflict, and the specific rights violated. The primary purpose for serving is to inform the opposing party about the grievances raised and provide them with a fair opportunity to respond to the conflict before the matter reaches to court. By presenting the legal grounds, factual matrix and the relief sought from the opposing party in the notice, it reduces the scope of misunderstanding and fosters transparency in the process. It acts as a structured format for dialogue and creates a last resort for negotiation. This significant step prevents unnecessary litigation and saves resources and time. It also strengthens the aggrieved party’s position to show compliance with the diligence procedure if the matter reaches court. A well-formatted notice becomes a vital document in property dispute management. Property Dispute Instances When Legal Notice Should Be Issued The service of legal notice becomes necessary in multiple property-related conflicts, specifically when the opposing party fails to communicate, acknowledge your rights, or refuse to resolve the dispute. It serves them as a final attempt to resolve and act before initiating litigation. Some instances where legal notice issuance becomes necessary: Illegal occupancy or encroachment on your property despite repeated requests. Breach of property agreements like sale, lease deed, transfer, possession or development.  Dispute in co-ownership rights, partition, access or unilateral decisions without consent.  Builder-buyer disputes like failing sale deed, construction terms violation, defective property, etc.  Disputes between landlord and tenant, like refusal to vacate property, an increase in rent, denial of basic services or rights, forcing eviction, etc.  Property fraud or misrepresentation, like forged documents, conceals important facts, etc.  Boundary or easement disputes with neighbours over peaceful enjoyment of your property.  Delay in transfer of title or original documents.  Importance Of Legal Notice In Property -Related Disputes A legal notice is very important in property-related disputes. It carries several advantages in a legal, practical and procedural manner. It ensures good faith, reflects professionalism, and the sender’s bona fide intention to follow the law. Courts encourage and appreciate the parties who attempt to solve their disputes amicably. Legal notice acts like an official record containing facts, provisions applicable, grounds and issues of conflict and the relief sought from the opposite party. Legal notice becomes significant evidence if a later matter reaches to court to demonstrate the issues raised and remedies sought in advance. In property disputes that involve government or public authorities, legal notice issuance becomes mandatory under section 80 of CPC, 1908. Non-compliance with this requirement may invalidate a suit. Legal notice provides clarity towards the sender’s rights, the legal ground of the claim sought, and an explanation of the dispute and removes confusion and ambiguity. Many disputes get resolved amicably once the other party receives legal notice and equally understands the seriousness of the case. It provides an opportunity to negotiate and avoid the long delays and expenses of litigation. How Does A Legal Notice Strengthen A Property – Related Case ? Establish legal preparation- the sender compiles all the relevant and supporting materials into the legal notice, like receipts, title deeds, etc. and mentions the facts and evidence base of the case. This preparation helps in revitalising once the litigation begins. Defines the cause of action properly- the presentation of facts in proper chronology with the articulation of applicable provisions and reliefs sought from the opposing party ensures that notice is well drafted, consistent and difficult for the other party to challenge.  Proof of communication- digital tracking reports, postal receipts, and returned envelopes provide verified proof that the sender acted diligently and attempted to communicate and resolve the conflict. These records become proof when matters reach court. Scope of settlement- property disputes often involve neighbours, relatives, business partners, so a legal notice extends a final formal offer to others to settle the matter before it reaches court and acts as an attempt to restore relations and avoid litigation.  Prevent avoidable court delay- legal notice facilitates the smooth proceeding and genuinely ensures the amicable resolution of the case by reducing the procedural complexities once the litigation begins to avoid any preventable delay

Abstract This paper examines the function and legal application of the “No Objection Certificate in criminal cases. A no-objection certificate is a clearance or green light issued by judicial or governmental authorities that facilitates international travel, employment changes, and visa applications for individuals who are currently subject to ongoing criminal investigation, trial or have any pending case. This blog describes the true meaning of a NOC, when it is helpful, when it is ineffective, and how it can assist with bail, settlement, or quashing procedures. It draws attention to the dangers of depending only on an NOC and offers clients helpful advice so they can navigate criminal cases with knowledge. Introduction A “No Objection Certificate is a written statement/ document where a person declares they have “no objection” to a particular action, such as closing the complaint, granting bail, or settling the dispute.”  A No Objection Certificate demonstrates the individual’s bona fide intention to cooperate with the investigation and offers reasonable assurance of non-absconding. It functions as a mechanism to equilibrate the demands of criminal investigation with the individual’s right to unrestricted movement, while protecting the State’s interest in ensuring the accused’s attendance in court proceedings.  What Is an NOC and What Does It Legally Mean? A no-objection certificate is a legal document that the police department or the court itself issues to grant permission to an individual, stating that there is no ongoing criminal case or that they have no objections to an individual’s proposed action. It is easy to obtain NOC for an individual who has no criminal record, but it’s tricky, but not impossible, to obtain a certificate for an individual whose criminal case/ investigation is ongoing. An NOC is neither a judicial order nor a binding directive; it merely reflects the court’s permission aimed at safeguarding an individual’s freedom of movement, ensuring that the pendency of a case does not, by itself, curtail their fundamental right to mobility.   Who Needs an NOC and Who Issues It? Most commonly, it is the accused person who requires NOC from the complainant or concerned party to show there is no objection to a particular action (e.g., bail, settlement, travel). Complainant can also seek an NOC when he no longer wishes to pursue a private dispute, when he has agreed on a settlement, or when he has no problem with bail or closure of the case. In specific situations, third parties like an employer, Institution, family member or partner can seek NOC respectively for: employment verification, property/ business related disputes and shared assets or for custody related issues. It is important to note here that the Police/courts do not apply for NOCs. NOC is usually requested by the accused and issued by the complainant or affected party. Can an NOC Close the Case, Cancel the FIR, or Stop the Investigation/Trial? If an NOC is issued by the complainant or affected party, it does not mean that FIR has been withdrawn, nor will it stop the investigation or trial from coming to an end. It is the court and the Police who will decide. Usually, in minor or settlement-based disputes Police may consider an NOC because the complainant has “no objection.” But in criminal cases, which are serious in nature and against the state in such cases, criminal cases are driven by the state, not the complainant.  The NOC is not considered proof in court, but rather a supporting document. The court has the authority to decide whether to grant closure, compounding, bail, or quashing. the case, after examination and hearing of all the facts, evidence, and the nature of the offence. In short, the NOC can assist but cannot override police procedure or the court’s authority.  In the recent case, Abdul Hamid v. Union of India (J&K & Ladakh High Court, 2025 which was related to the renewal passport during a pending case, the court clearly held that “a No Objection Certificate does NOT end or cancel the criminal case. Even though the petitioner wanted renewal of his passport, the Court made it clear that:  The criminal proceedings continue despite issuing or seeking an NOC.  An NOC only allows a specific permission (here, renewal/travel), not closure of the FIR or investigation.  Only the criminal court can grant such permission, not the police or passport office.  The Court reaffirmed that personal movement can be allowed during a pending case, but the case itself remains active until decided by law. In the case of Narinder Singh v. State of Punjab (2014), “This case elaborated on theguidelines for offences under Section 307 IPC (attempt to murder). It stressed that the court should conduct a prima facie assessment of the evidence and gravity of injuries, but ultimately, the court’s judicial discretion and satisfaction with the compromise supersede a mandatory NOC requirement.” Hence, “NOC = Permission, Not Acquittal or Case Closure.” When Is an NOC Actually Useful? (Bail, Settlement, Quashing) Bail Proceedings (Anticipatory or Regular Bail) – An NOC helps to show cooperation,no flight risk, which ultimately strengthens your bail request. NOC does not guarantee bail; it will strengthen your stand and help in acquiring the court’s confidence. Settlement in Minor Disputes – NOC shows that the complainant has no furthergrievance and helps to consider settlement.  Seeking Permission to Travel out of the jurisdiction of the court. Quashing of FIR/Proceedings Before the High Court- In settlement-based quashing petitions under Section 482 CrPC, an NOC can act as written proof of compromise or no objection. It will also strengthen the argument that continuing proceedings serves no purpose. However, it is upon the discretion of the court whether it will quash the FIR or not.  The Supreme Court in Gian Singh v. State of Punjab (2012) [(2012) 10 SCC 303] held that “a High Court can use its inherent powers under Section 482 of the Criminal Procedure Code (CrPC) to quash criminal proceedings involving non-compoundable offenses if an amicable settlement has been reached, even without a formal No Objection Certificate (NOC) from the police. This is

The process of land acquisition for national highways has, for a long time, been a source of considerable emotional and economic stress for families all over India. To many households, land is not merely a piece of property, but a source of livelihood, heritage, stability, and identity. When the government decides to acquire land for highway construction or expansion, landowners naturally expect just compensation reflecting not only the market value of the land but also the hardships associated with compulsory acquisition. However, for almost two decades, this expectation remained unmet for scores of families who were affected by acquisitions made by NHAI. The root of this injustice was one lone provision in the National Highways Act, 1956: Section 3J. It denied landowners much-needed statutory benefits afforded by the Land Acquisition Act, hence offering lower compensation in comparison. Years of litigation, confusion, and injustice followed, pending the Supreme Court judgment popularly referred to as the Tarsem Singh judgment, pronounced in 2019, and further clarified in February 2025.  Section 3J of the NHAI Act: Background and Controversy Section 3J held that none of the provisions of the Land Acquisition Act would apply toacquisitions conducted under the National Highways Act. In practice, this meant that landowners whose lands were acquired by the NHAI were deprived of several important monetaryprotections, including:   ➢ Solatium: this is a statutory additional amount of compensation awarded becauseacquisition is compulsory   ➢ Interest-Statutory interest, compensation for delays in payment.   ➢ Additional benefits such as enhanced compensation available under the earlier Land Acquisition Act Meanwhile, other landowners whose properties were affected by various public projects continued to enjoy such protections. The resulting disparate treatment generated an inequitable scenario wherein two landowners in the same district could receive substantially different benefits solely because of the different statutory schemes applicable to their acquisitions.  This led to a number of landowners and their counsel contesting Section 3J before various High Courts, which ultimately brought it before the Supreme Court.  Solatium and Interest: Definitions and Implications Understanding the hardship engendered by Section 3J requires clarity on solatium and interest. ➢ Solatium: Compensation paid for land forcibly acquired, representing that the deal was not a voluntary one and thus causing disturbed feelings and social adjustment. According to the Land Acquisition Act, solatium is imposed as 30% of the land market value, and it supplements the total compensation sizeably.  ➢ Interest: Compensation for delayed payment, acknowledging that most government acquisitions involve long periods between takeover of land and actual payment. Statutory interest guards against loss of real value because of time delay. Excluding these components under Section 3J resulted in comparatively reduced compensation in NHAI acquisitions, notwithstanding the mandatory and involuntary character of the acquisition process.  The 2019 Landmark Judgment: Union of India v. Tarsem Singh In 2019, the Supreme Court delivered a landmark judgment in Union of India v. Tarsem Singh that curtailed the ambit of the legal regime for land acquisition related to highways. The Court declared Section 3J unconstitutional and violative of Article 14, Right to Equality. The judgment found that landowners whose lands were being acquired for highways were wrongly divested of their solatium and interest, stating: For acquisitions conducted between 1997 and 2015, land owners were entitled to solatium and interest. The differential treatment arising from the exclusion of such benefits constituted irrational classification among landowners subject to different statutory regimes.  The Tarsem Singh judgment came as a relief for thousands of families who felt that they had been discriminated against. Thereafter, thousands of landowners approached the government for recalculating their compensation, while several High Courts passed orders granting solatium and interest in compliance with the guidelines issued by the Supreme Court. Clarification Required: the 2019 Judgment Even after the 2019 judgment, the NHAI had sought clarification on prospective application. More precisely, the NHAI contended that the Tarsem Singh judgment should only be applied prospectively to avoid reopening of closed cases and causing financial burdens on the government. The central question of selective application of justice involved a fundamental constitutional question: if solatium and interest form part of just compensation, should their award be guided by the date of acquisition? This question was finally clarified by the Supreme Court in 2025. Clarification by the Supreme Court in February 2025: Retrospective Relief On 4 February 2025, the Supreme Court has reiterated that the Tarsem Singh judgment operates retrospectively. By a detailed order penned by Justices Surya Kant and Ujjal Bhuyan, the Court denied the prayer of NHAI for prospective application and held thus: ➢ Tarsem Singh judgment is to be applied retrospectively.  ➢ The landowners whose land was acquired between the years 1997 and 2015 are entitledto solatium and interest.  ➢ Denying these benefits based on acquisition date violates equality and constitutionalprotections.  ➢ Financial cost cannot be a valid reason to deprive individuals of constitutional rights.  ➢ Only the computation of solatium and interest needs any change; all other items of theaward remain the same.  The Court then used a simple example to demonstrate the unfairness of such prospective application: land acquired on 31 December 2014 would get no solatium, but land acquisition on 1 January 2015 would get the full benefits. Such a temporal distinction is bereft of rational reasoning and is contrary to basic tenets of fairness. The Court also made it clear that the addition of solatium and interest in such cases does not amount to reopening the merits of the case in courts but merely ensures that land owners receive benefits the law had always sought to grant them.  Implications for Landowners The 2025 clarification significantly redefined landowners’ legal and financial rights. Its implications go beyond the realm of technical accounting to include: ➢ Fairness has been restored: compensation now reflects the actual effect of compulsory acquisition.  ➢ Equal treatment: Recognition that NHAI acquisitions should not be treated anydifferently from land acquisitions under the other statutory regimes.  ➢ Constitutional protection: The Court has reiterated that financial matters cannotoutweigh constitutional rights.  ➢ Recalculation opportunities: Even cases that have been closed

Abstract Banks in India freeze accounts when any cyber fraud or unauthorized digital transaction is reported. The intention is not to punish the account holder but to stop further loss of money. In practice, the process feels confusing and stressful because banks, police, and cyber cells work on parallel tracks. This paper explains what actually happens when a bank account is frozen due to cyber fraud, what rights the customer has, and how to get the account unfrozen in a smooth and lawful way. It also breaks down relevant RBI rules, case laws, and practical steps that people actually use to get their money moving again. Introduction A frozen bank account usually means the bank has stopped all outgoing transactions. You cannot withdraw money, transfer funds, or make digital payments, though banks normally allow deposits to continue. Most people first learn their account is frozen only when a payment suddenly fails. The usual reasons include: A complaint filed by a victim of cyber fraud A notification received through the cyber crime portal Suspicion of money laundering under the Payment and Settlement Systems Act A direct police instruction to put a hold The idea is simple. If someone claims they were cheated and the money landed in your account, the bank freezes your account to keep the funds intact until the investigation is over.While it is frustrating, the law does give you a process to get your account unfrozen. You just need to follow the right steps in the right order. First Step: Contact the Bank Visit your branch or customer care and ask a simple question:“Under which complaint or order has my account been frozen?” The bank should provide: The complaint number The date they received the freeze request Whether the complaint came from a police station, the National Cyber Crime Portal, or another bank The category of freeze (temporary or police-directed) If the bank refuses to give details, you can ask for it in writing. You can also file a short letter requesting clarification. Banks usually cooperate once they know you are formally requesting information. Second Step: Contact the Cyber Cell or Police Station Once you get the complaint details, approach the police station or cyber cell that issued the freeze request. You can also verify the complaint at the National Cyber Crime Reporting Portal.³ When you meet the officer, keep your explanation simple. Tell them: You are not involved in the fraud You are willing to cooperate fully You need the freeze lifted because your regular banking is affected   Most officers will ask for basic documents like: Your ID Bank statement Transaction details A written statement explaining your side Cooperating makes the process faster. If the complaint was wrongly linked, the officer can issue a “no objection” note to the bank. Third Step: Submit Written Representation A written representation helps because officers and bank managers handle dozens of cases daily. Your letter should mention: Your account number The date of freeze The complaint reference A short explanation that you are not involved in the fraud A request to remove the freeze If the money you received was part of the fraud chain by accident, the police might ask you to return it. Depending on the investigation, they may also allow the bank to release your account after verification. Fourth Step: Follow RBI-Based Procedures RBI guidelines give clarity on how banks should act when unauthorized electronic transactions occur. These rules are important because they apply to both victims and people whose accounts get flagged. The RBI states that banks must act immediately to stop further movement of funds once a complaint is lodged.⁴ However, once verification is complete, the bank must restore normal services if no wrongdoing is found.If the cyber cell issues a release order, the bank has to unfreeze your account without delay. Case Laws That Support Restoration Courts in India have repeatedly held that freezing an account cannot be indefinite. In Anvar P.V. v. P.K. Basheer, the Supreme Court held that investigations must follow proper evidence procedures.⁵ This matters here because police cannot keep accounts frozen without proper proof linking the person to the fraud. In several High Court decisions, judges have directed banks to unfreeze accounts when: There was no evidence of active involvement The police failed to show continued necessity The freeze affected fundamental rights You can refer to these principles if you need to make a written representation. What to do if unknowingly received fraudulent funds? Sometimes the money does come into your account without you realizing it. For example: You sold something online Someone sent payment from a hacked account You were paid for freelance work by someone who turned out to be involved in fraud Even in such cases, you are not automatically liable. Banks usually give two options: Return the disputed amount voluntarily, or Wait for the investigation to confirm details Returning the amount sometimes speeds up the unfreezing process, but it is not legally mandatory unless there is evidence you were part of the fraud. Estimated Time for Unfreezing Accounts There is no fixed rule because it depends on: How quickly the cyber cell verifies your documents Whether the complainant responds Whether the disputed amount is traceable How busy the officer handling the case is However, most cases get resolved within 7 to 21 days when the account holder is cooperative and the documentation is clear. What to Do If the Bank Refuses to Act? (Escalation) You can escalate when: The bank ignores your written requests The police do not respond for weeks The freeze continues even after you provide documents Escalation options: Bank Nodal Officer Bank Ombudsman under the RBI Integrated Ombudsman Scheme Higher cyber cell officer A short legal notice through a lawyer (last resort) Courts rarely get involved unless the freeze is unreasonable, but you always have the right to challenge an indefinite freeze. Conclusion: Getting a bank account unfrozen after cyber fraud feels complicated because three institutions are involved: the bank, the cyber