Year: 2020

Archive for 2020


Maneka Gandhi v. UOI (1978) 1 SCC 248/1978 AIR 597 (SC)/1978 SCR (2) 621 (SC)

.Constitution of India ,1950
Art. 21:Protection of life and personal liberty – Natural Justice – Opportunity to be heard is universally recognized as an essential ingredient of principle of natural justice – Audi alteram partem – Even if not specifically provided for may be applicable by implication – Rules of natural Justice applicable to administrative action. [ Art . 14 ,19, Pass Port Act , 1976 , 10(3)(c ) ]

SBI through General Manager v. National Housing Bank & Ors (2013) 180 CompCas 15 (SC)/AIR 2013 SC 3478/(2013) 16 SCC 538/MANU/SC/0759/2013

Commissions of Inquiry Act 1952
S.3 Commission of Enquiry – Statements made before commission cannot be used as evidence before civil or criminal court – Conclusions based on such statements cannot be used as Evidence: [S.4 , 5, 6 Indian Evidence Act , 1872 , Special Courts Act ,1979, S. 3, 9 , 10 ]

Muthu Karuppan v. Parithi Ilamvazhuthi AIR 2011 SC 1645

Contempt of Courts Act, 1971.
S.2(c) : Criminal contempt- Filing of false affidavit with intent to mislead the court – To be proved beyond reasonable doubt – Consent of Advocate General before initiating Contempt proceedings. [S.12 , 15, Madras High Court Contempt of Court Rules, 1975]

Pioneer Urban Land and Infrastructure Ltd. v. Govindan Raghavan AIR 2019 SC 1779/MANU/SC/0463/2019

Consumer Protection Act, 1986
S.2(1)(g):Deficiency in Service – Delay in obtaining occupation certificate – Reasonable cause for termination of agreement by filing Consumer Complaint – Eligible for refund with interest. [ S. 2 (o ), 2 (r ), Haryana Real Estate ( Regulation and Development ) Rules , 2017)

Panchanan Dhara & Ors. v. Monmatha Nath Maity (Dead) through LRs. & Anr. 2006 (5) SCC 340/AIR 2006 SC 2281/MANU/SC/2287/2006

Companies Act, 1956.
.S.46: Binding effect of deed executed by directors on behalf of company – Company is held liable and not the Director.-Plea of limitation which was raised for the first time was not allowed to be raised on the facts of the case . [Companies Act, 1956, S.48, Limitation Act, 1963, Art. 54, Indian Contract Act, 1872, S. 29]

Dr. Rini Johar & Another v. State of M.P. & Ors. AIR 2016 SC 2679/(2016) 11 SCC 703/MANU/SC/0667/2016

Code of Criminal Procedure,1973
S.41: Arrest – Procedure to be followed by Police Officer if situation/circumstance is covered u/s 41 and 41A of the Cr.P.C., i.e., where the maximum sentence for such a crime would not exceed 7 years and where proper reasoning for the arrest is required.[Code of Criminal Procedure, 1973, S.41A Constitution of India , Art , 32 ]

Council of ICAI v. Gurvinder Singh (2018) 259 Taxman 311 (SC)/(2019) SC 11 785; www.itatonline.org

Chartered Accountants Act, 1949
S.22: Professional misconduct – A Chartered Accountant can be held guilty of professional misconduct even when he is acting as an individual in commercial dealings and is not acting as a Chartered Accountant nor discharging any function in relation to his practice as a Chartered Accountant. Under the Chartered Accountants Act, any action which brings disrepute to the profession or the Institute is misconduct whether or not related to professional work. [Chartered Accountants Act, 1949, S.21(3)]

P. Leelavathi (D) (Smt.) by LR v. V. Shankarnarayana Rao (D) by LRs MANU/ SC/0497/2019/2019 SCC OnLine SC 489

Benami Transactions (Prohibition of Right to Recover Property) Ordinance, 1988.
S.2: A mere financial assistance to purchase immovable property cannot be treated as Benami Transaction.

Ram Chander Talwar v. Devender Kumar Talwar (2010) 10 SCC 671/159 Comp. Cas. 646/MANU/SC/0833/2010

Banking Regulation Act,1949
S.45ZA(2): Nomination for payment of depositor’s money – Nominee rights – Bank Account – Rule of Succession – Death of Depositor- Nominee will have all the rights of the depositor, so far as the depositor’s account is concerned, however, does not make him owner of the money lying in said account – Distribution of money will depend on rules of succession governing the deceased. [Government Saving Certificates Act, 1961, S.6(1)]

Sundaram Finance Limited v. Abdul Samad 2018 (2) SCALE 467/MANU/SC

Arbitration and Conciliation Act, 1996
S.36: Execution of awards – Anywhere in the country – No requirement for obtaining a transfer of the decree from the Court which would have jurisdiction over the arbitral proceedings. [Arbitration and Conciliation Act, 1996, S.36, 40; Civil Procedure Code, 1908, S.46]