Code of Criminal Procedure, 1973
S. 439: Bail – Allegation of foreign nationality – Forged Indian identity documents – Aadhaar Card , PAN, Voter ID, Passport and Ghumasta Licence – Alleged Civil contractor – Suspected Bangladeshi origin – National security – Bail denied. [Bharatiya Nyaya Sanhita, 2023, S.3(5, ) 193(8), 335, 336(3), 340 , Passport (Entry into India) Act, 1950, S. 3(a), 6(a); Foreigners Order, 1948, S. 3(1), 3(2), 14; Citizenship Act, 1955; Foreigners Act, 1946, S. 9, Art. 5 to 11 ]

Insolvency and Bankruptcy Code , 2016 .
S. 7: Initiation of corporate insolvency resolution process – Limitation – Acknowledgement of debt – Balance sheet entries – Validity of acknowledgment under S. 18 of the Limitation Act even where name of creditor is not specifically mentioned – Liberal interpretation – Prior financial statements and cash flow disclosures may be relied on – Substantive jural relationship and continuing liability inferred – COVID-19 extension – Applicability of Para 5(I) of Supreme Court’s order dated 10.01.2022 – Entire period from 15.03.2020 to 28.02.2022 to be excluded – Application filed in 2024 held to be within limitation – Appeal allowed – Matter remitted to NCLT for adjudication on merits.
[ S. 238A; Limitation Act, 1963, S. 18, Companies Act, 2013, S. 134, Sch. III; Art. 137, First Schedule, Art. 141 ]

Constitution of India.

Art. 142 : Enforcement of decrees and orders of Supreme Court and orders as to discovery , etc – The Term Lower Court is against the ethos of constitution – Record of Trial Court should not be referred as lower Court record .

Rajasthan Rent Control Act, 2001
S. 9: Eviction of tenants – Partnership firm – Tenancy created in individual capacity – Non-joinder of firm or other partners immaterial – Landlord’s bona fide need proved – Tenant cannot dictate choice of premises – Writ not maintainable – Petition dismissed.[ S.2(i),21, Succession Act , 1956 , Order 6 Rule 17 CPC, Order 14 Rule 5, 30 CPC, Ss. 2(i), 21 , Art. 226]

Bharatiya Nagarik Suraksha Sanhita, 2023. (BNSS)

S. 35: When police may arrest without warrant- Notice by Investigating Agency – Inquiry – Electronic communication-Liberty of individual involved – Cannot be served via WhatsApp or electronic communication – Standing order must follow CrPC/BNSS modes only – Application to modify earlier order rejected – State must ensure personal service – Application dismissed.[S.2(i), 2(k), 35(3), 35(4), 35(5), 35(6),39, 63, 64(2), 71, 94, 193, 530 , CrPC, 1973 ,S. 41A Art. 21, 32 , 136 ]

Real Estate (Regulation and Development) Act, 2016 (RERA, Act)
S. 43: Real Estate Appellate Tribunal – Powers of Tribunal – Maharashtra Real Estate Regulatory Authority – Right to legal representation- A Hybrid system of hearing – Execution of orders – Delay in enforcement – Virtual-only hearings – Hybrid hearing not offered – Absence of mechanism for urgent listing and execution – Access to justice is an important of any courts / Tribunals exists , must be given an opportunity of hearing – Tribunals were constituted with the sole objective of delivering speedy , inexpensive and decentralised adjudication of disputes in various matters -Exclusive reliance on virtual hearings is unsustainable- Guidelines issued to ensure access to justice – Writ petition allowed. [ S. 20, 53 ,56 RERA Regulations 2017, Circular No. 34A dated 08.04.2025, Sarvesh Mathur v. Registrar General, (2023) MANU/SCOR/03900/2025, Art. 226, 227, 323A ]

Indian Succession Act, 1925
S. 63: Execution of unprivileged wills – Registered will – Presumption of due execution -Registered will carries a strong presumption of genuineness and due execution under law -Oral family settlement – Testamentary disposition upheld where will is registered and signature admitted – Separate possession corroborates arrangement – High Court erred in treating property as joint family asset – Trial Court’s decree restoring full title and injunction in favour of legatee upheld.[ Hindu Succession Act, 1956, S. 6, Indian Evidence Act, 1872, 68, 69; CPC, 1908, Order 22 Rule 10. ]

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 ( SARAESI ,Act )

S. 13: Enforcement of security interest – Unregistered lease agreement- Monthly tenant – Mortgage – Tenant cannot object to eviction without establishing that Tenancy was created before Mortgage- Alternative remedy – Writ is not maintainale – Appeal is allowed . [ S.13(2) , 13(4),14,17(4A), 18 , 35, Transfer of Properrty Act, 1882, S. 65A, Art. 132, 226 , 227 ]

Companies Act , 2013 .

S. 2(62): One person company – The separate legal personality and limited liability shield of an One Person Company (OPC) under Indian corporate law- The separate legal personality and limited liability shield of an OPC under Indian corporate law- Set aside the direction of the Arbitration Tribunal against Mr Savan Prasad . [ S. 3(1) , Arbitration and Conciliation Act , 1996, S. 17, 37(2)(b) ]

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

S. 13 : Liability of guarantor is joint and several with principal debtor – Bank is entitled to proceed under SARFAESI Act for properties mortgaged by guarantor. [ S. 13(4), 17 ]