Category: Allied Laws

Archive for the ‘Allied Laws’ Category


Shabina Abraham and Ors. v. CCE (2015) 10 SCC 770/ (2015) 52 GST 30 (SC)/ 2015 (322) ELT 372 (SC)

Central Excise Act, 1944

S.4 : Assessee – Death of assessee – Assessment abates and legal representative not liable unless specifically provided for in the taxing statute .[ S. 3, 2, 4(3)(a) ]

Jameela v. UOI AIR 2010 SC 3705

Railways Act, 1989

S.124A:Compensation on account of untoward incidents – Passenger falling from running train while travelling on valid ticket, entitle to compensation – Authority shall be liable to pay compensation unless negligence on part of deceased is proved beyond reasonable doubt [S.123,124,154]

Ripudaman Singh v. Balkrishna (2019) AIR SC 1625/ MANU/SC/0412/2019

Negotiable Instruments Act, 1881

S.138: Dishonor of cheque for insufficiency , etc , of funds in the account – – Cheques issued in pursuance of agreement to sell is also a duly enforceable debt or liability.

C.C. Alavi Haji v. Palapetty Muhammed (2007) 6 SCC 555

Negotiable Instruments Act, 1881

S. 138:Dishonour of cheque for insufficiency , etc. of funds in the account – Notice sent by registered post – Meaning of service by post- Correctly addressing the drawer of the cheque – Mandatory requirement of issue of notice in terms of clause (b) of proviso to Section 138 stands complied with. [General Clauses Act 1897 , S.27 , Indian Evidence Act,1872, S .114 ]

Guru Nanak Industries and Anr. v. Amar Singh (Dead) through LR (MANU/SC/0453 /2020 (SC)/ AIR 2020 SC 2484

The Indian Partnership Act , 1932

S.39: Dissolution of firm – Only two partners – Retirement of one partner – Compulsory Dissolution – Accounts to be settled accordingly. [S. 37, 48]

HDFC v. Gautam Kumar Nagar Ors. (2012) 5 SCC 604/ MANU/SC/0043 /2012

Indian Contract Act, 1872
S.139: Discharge of surety by Creditor’s act of commission or omission impacting surety’s eventual remedy – Sureties/Guarantors – Liability of guarantor is equal to and co-extensive with borrower – Sureties rights under the Contract Act can be varied or waived by a Contract. [Code of Civil Procedure, 1908 – Order 37]

Narayan v. Babasaheb AIR 2016 SC 1666

Hindu Minority and Guardianship Act, 1956
S.8: Powers of Natural Guardian – Suit for partition and setting aside sale deed – Limitation on filing suit – Suit instituted within 3 years of minor attaining majority – Not barred by limitation – Plaintiffs even though majors, were not managers/karta of Joint family – Not capable of discharging without concurrence of other members of the family [Limitation Act, 1963, S.7, Constitution of India, 1949, Art. 60, 109 ,110, 113]

Suraj Lamp & Industries (P) Ltd Thru DIR v. State of Haryana & Anr AIR 2009 SC 3077/ MANU/SC/1021/2009

Transfer of property Act, 1882
S.54: Sale – Power of Attorney – Sale of immovable property through execution of power of attorney sale agreement/general power of attorney/will instead of execution and registration of regular deeds of conveyance deprecated as illegal and irregular – The illegal and irregular process of `Power of Attorney Sales’ spawns several disputes relating to possession and title, and also results in criminal complaints and cross complaints and extra-legal enforcement and forced settlements by land mafia. Therefore, request the Solicitor General to appear in the matter and give suggestions on behalf of Union of India. [S.17, S. 49, Indian Registration Act,1908; S.2, Power of Attorney Act,1882]

Jamila Begum (D) thr. L.Rs. v. Shami Mohd. (D) thr. L.Rs. and Ors. AIR 2019 SC 72/ MANU/SC/1488/2018

Mohammedan Law
Gift – Oral gift under Mohammedan law is valid – Burden of Proof is on the donee.

Shreya Vidyarthi v. Ashok Vidyarthi AIR 2016 SC 139/ MANU/SC/1465/2015

Insurance Act, 1938
S. 39: Nomination by policy holder – Rights of Nominee – Joint family property(HUF) – Insurance Amount received by nominee/wife – Such amounts constitute the entitlement of all legal heirs of deceased. [Hindu Succession Act, 1956; S.6, Specific Relief Act, 1963]