Category: Allied Laws

Archive for the ‘Allied Laws’ Category


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]

B. K. Educational Services Pvt Ltd v. Parag Gupta & Associates AIR 2018 SC 5601 / (2019) 11 SCC 633 (SC)

Insolvency and Bankruptcy Code, 2016
S. 238A: Limitation – Time-barred debts – Section 5 of the Limitation Act may be applied to condone delay in filing applications under Section 7 and Section 9 and the provisions of the Limitation Act applied from the inception of the Code i.e. to applications filed under the Code even prior to 6-6-2018. [Constitution of India 1949, Art 137, Limitation Act, 1963 S. 5, 7]

Rajesh Tiwari, Advocate v. Alok Pandey, Chief Judicial Magistrate (2019) 6 SCC 465 (SC)

The Contempt of Courts Act , 1971
S. 2(a) :Contempt of Court – Advocate- Judicial independence and courage to be shown while delivering the justice. [Code of Criminal Procedure, 1973 (CrPC) , S. 156(3), Advocate Act, 1961, S 30, S 34]

Youth Bar Association of India v. UOI AIR 2016 SC 4136/(2016) 9 SCC 473/MANU/ SC/1339/2016

The Code of Criminal Procedure , 1973
S.154: Information in cognizable cases -First Information Report ( FIR) – Supply of copy to accused – Guidelines – Copies of FIRs, except in sensitive cases like sexual offences, offences pertaining to insurgency and terrorism, should be uploaded on websites within 24 hours of registration. [S. 207 , 438, Constitution of India , Art , 21 , 22(1), 32 ]

Badru (since deceased) through L.R. & Ors. v. NTPC Limited & Ors. AIR 2019 SC 3385/2019 SCC OnLine SC 859/ MANU/SC/ 0911/2019

Code of Civil Procedure, 1908
Order XLI Rule 22: Cross Objection has to be disposed of independently on merits.

Sandip Kumar Bajaj & Ors v SBI MANU/WB/0662/2020 ( Cal ) (HC) www.itatonline .org

Insolvency & Bankruptcy Code, 2016

S. 14:Moratorium- Proceedings for declaration of wilful defaulter can continue pending moratorium under the IBC Law- Writ petition dismissed [ S.29, 39 , Art , 226 ]