Constitution of India .
Art. 226: Cyber fraud – Unauthorized electronic banking transactions – Zero liability of customer (RBI Circular) – Bank’s duty of prompt action – Fraudulent siphoning of ₹94,204.80 on downloading app at behest of fraudster impersonating brand customer-care – Customer informed bank within one working day – No proof of customer sharing OTP/MPIN – Failure of Bank to lodge complaint, initiate charge-back or take timely steps – Third-party breach admitted by merchant – Negligence of customer not established – Liability of bank to refund entire amount- RBI Circular dated 06-07-2017, clauses , 7(1) 8, 9&10 ]

Constitution of India .
Art. 226 : Cyber-Fraud Claim – Customer Liability under RBI Circular (RBI Circular dated 06-07-2017 – Customer Protection – Limiting Liability of Customers in Unauthorised Electronic Banking Transactions) – RBI Circular protects customers only in cases of third-party breach or where no negligence is attributable to the account holder; it cannot be used as a “sword” to recast personal transactions as cyber fraud- Writ petition was dismissed . [ Art. 227 ]

Indian Registration Act, 1908
S:17: Documents of which registration is compulsory – Assignment of decree for specific performance –Decree for specific performance does not create or transfer any right, title or interest in immovable property – Assignment of such decree is not an instrument falling under Section 17(1)(e)- Assignment deed was valid even without registration and execution could not be denied on that ground . [S. 17(1)( c) , Code of Civil Procedure, 1908 , Order 21,Rule 16 ]

Tribunals Reforms Act, 2021 .
Constitution of India – Tribunals – Independence of Judiciary – Constitutional validity of the Tribunals Reforms Act, 2021 – Legislative override of judicial directions – Doctrine of separation of powers- Validity of the Act is struck down -Tribunals being substitutes for High Courts in many fields, must meet the same constitutional standards of independence and cannot be exposed to executive control in matters of appointments, tenure, remuneration, or administration – Court directed the Union of India a period of four months from the date of this judgment to establish a National Tribunals Commission- The commission so constituted must adhere to the principles articulated by this Court, particularly concerning independence from executive control, professional expertise, transparent processes, and oversight mechanisms that reinforce public confidence in the system- Court also clarified and directed that the service conditions of all such Members of ITAT who were appointed by order dated 11th September 2021 shall be governed by the old Act and the old Rules. [ Art. 14, 21, 50 ,141, 323-A, 323-B ]

Bharatiya Sakshya Adhiniyam, 2023

S. 132 : Professional communications – Advocate–Client Privilege – Summoning of Advocates – Investigating Officer cannot directly summon a lawyer appearing for a party to elicit facts of the case – Privileged communication protected under S. 132 of the Bharatiya Sakshya Adhiniyam, 2023 – Summons valid only if it falls within statutory exceptions and approved by a superior officer – No need for Vishaka-type guidelines as statutory safeguards under BNSS and BSA are adequate [, Bharatiya Nagarik Suraksha Sanhita, 2023, S. 132, 133,134 , 175, 179, 528 , Indian Evidence Act , 1872 , S. 126, Indian Penal Code, 1860 (IPC), S.34, 304-A , Art.14, 15, 19(1)(g), 20(3), 21,142, Advocates Act , 1961 , Bar Council of India Rules 1975 Rule 11 of Section 200 of Part VI of the Bar Council of India Rules, 1975, titled ‘Standards of Professional Conduct and Etiquette’]
]

Maharashtra Co-operative Societies Act, 1960

S. 92: Limitation –Co -Operative Housing Society – Recovery of maintenance charges – Continuous cause of action – Claim not time-barred – Section 92 is a special provision of limitation which overrides the Limitation Act – Orders of the Co-operative Court and Appellate Court were set aside and the dispute was allowed– The opponent was directed to pay arrears of Rs. 12,15,141 with 9% interest per annum from the respective dates of default till realization. [ S.92(1(b ), Limitation Act, 1963, Art 226 ]

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]