Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar

The Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar (1979) is a landmark case in the annals of Indian judiciary, marking a turning point in the protection of undertrial prisoners’ rights and the evolution of legal aid as a constitutional mandate.

Background

The case arose from a writ petition highlighting the appalling conditions of undertrial prisoners in Bihar. Many detainees had spent years in jail without trial, often exceeding the maximum sentence prescribed for their alleged offences. This gross violation of their fundamental rights under Article 21 prompted judicial intervention.

Key Issues

  1. Right to Speedy Trial: Was the prolonged detention of undertrial prisoners unconstitutional?
  2. Access to Legal Aid: Did the absence of free legal representation deny justice to economically weaker prisoners?

Judgment

The Supreme Court, led by Justices P.N. Bhagwati and D.A. Desai, held that:

  • Speedy Trial: Recognized as a fundamental right under Article 21. Prolonged detentions without trial were deemed unconstitutional.
  • Legal Aid: Free legal representation was declared integral to a “reasonable, fair, and just” procedure.

Systemic Reforms Ordered

  • Immediate Release: Directed the release of prisoners detained beyond the maximum sentence for their charges.
  • Legal Aid Programs: Mandated the introduction of nationwide legal aid schemes.
  • Judicial Reforms: Urged states to expedite pending trials and improve court infrastructure.

Significance

The Hussainara Khatoon judgment was a milestone in judicial activism, reinforcing that justice delayed is justice denied. It underscored the State’s responsibility to uphold the rights of marginalized individuals, ensuring access to legal aid and timely justice.

This case remains a testament to the judiciary’s role in addressing systemic inequities and protecting the right to life and liberty enshrined in the Constitution.


Also read – Navtej Singh Johar v Union of India

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Real Estate Legal Associate Job at KK Legal – Apply Now

Are you a legal professional with expertise in real estate and property law? The Real Estate Legal Associate Job at KK Legal offers the perfect opportunity to advance your career. KK Legal’s Real Estate Team is hiring experienced lawyers for a full-time associate role focused on title due diligence and comprehensive real estate legal services across India.

If you have 2–5 years of post-qualification experience in real estate law and are comfortable working on multi-jurisdictional property transactions, this could be your next career move.

About the Role – Real Estate Legal Associate Job at KK Legal

KK Legal, a reputed law firm, is seeking qualified candidates for the position of Legal Associate in its Real Estate Team. This position requires hands-on experience in property law, title verification, and regulatory documentation related to real estate matters across India.

Location: Gurugram, Haryana
Position: Real Estate Legal Associate
Practice Area: Real Estate Law (PAN India)
Email to Apply: kklegalco@gmail.com

Key Responsibilities

The Real Estate Legal Associate Job at KK Legal includes responsibilities such as:

  • Conducting Title Due Diligence for real estate transactions across India and preparing detailed legal reports
  • Providing transactional support, including drafting, vetting, and negotiating Sale Deeds, Agreements to Sell (ATS), MOUs, and Conveyance Deeds
  • Advising clients on legal issues related to real estate transactions
  • Conducting in-depth legal research on state-specific real estate laws, regulations, and procedures
  • Managing regulatory engagements with government offices such as revenue departments, sub-registrar offices, and municipal authorities
  • Supporting legal compliance for processes like:
    • Stamp duty assessments
    • Conversion of land (e.g., leasehold to freehold)
    • Change of Land Use (CLU) approvals
    • Procurement of revenue and registration documents

You will be working on legal frameworks related to Land Laws, Building Bye-Laws, the Stamp Act, Registration Act, and auxiliary real estate regulations across multiple Indian states.

Who Should Apply?

KK Legal is inviting applications for this associate role from candidates who meet the following requirements:

  • 2–5 years of relevant experience in real estate transactions and property documentation
  • Strong knowledge of title due diligence, sale/conveyance documentation, and real estate-related agreements
  • Familiarity with multi-state real estate laws, land revenue records, mutation processes, and local property norms
  • Ability to liaise effectively with government authorities such as municipal departments, sub-registrars, and development offices
  • Experience in preparing and vetting legal reports, deeds, and transaction documents

This Real Estate Legal Associate Job at KK Legal is ideal for candidates who enjoy working with complex land records, real property due diligence, and multi-layered regulatory procedures.

Why Join KK Legal?

KK Legal is known for its hands-on, detail-oriented approach to real estate transactions. Joining their team offers:

  • Work on PAN-India transactions and diverse property portfolios
  • Direct exposure to complex land issues, including compliance and litigation support
  • Opportunities to build expertise in real estate documentation, regulatory strategy, and title risk mitigation
  • A team-based environment with collaborative learning and knowledge sharing

How to Apply

Interested candidates for the Real Estate Legal Associate Job at KK Legal should send their updated CV to:
kklegalco@gmail.com

Make sure your CV highlights relevant experience, exposure to title due diligence, and your ability to handle real estate documentation across different jurisdictions.

Location: The role is based in Gurugram, Haryana, and may involve regional travel depending on transaction requirements.

Final Thoughts

The Real Estate Legal Associate Job at KK Legal is a valuable opportunity for lawyers looking to deepen their expertise in property law and real estate compliance. If you have the experience, technical skills, and legal acumen to work across state regulations and land law issues, this role is designed for you.

Apply today and become part of a legal team that works on some of the most intricate and high-value real estate transactions across India.


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