Category: Allied Laws

Archive for the ‘Allied Laws’ Category


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 ]

Satish Chnadra Ahuja v .Sneha Ahuja AIR 2020 SC 5397; (2021) 1 SCC 414; MANU/SC/0767/2020 ( SC) www.itatonline.org.

Protection of Women from Domestic Violence Act 2005

S. 2(s ): Shared household – Right to stay/reside in the shared household- Daughter in law – gratuitous licences – Order of High Court affirmed [ CPC 151 , Hindu Succession Act 2005 ]

Girish Ramchandra Deshpande v. Central Information Commissioner & Ors. (2013) 1 SCC 212/MANU/SC/0816/2012

Right to Information Act, 2005
S.8(1)(j) :Exemption from disclosure of information -Right to Privacy-Information sought for details such as income tax return, assets and liabilities, gifts accepted, etc which come under the purview of ‘Personal Information’ – Information required needs to have some relationship to any public activity or public interest and should justify larger public interest for disclosure – Held, such information constituted personal information and is exempted from disclosure under S. 8(1)(j) of the Act .

Vishal N. Kalsaria v. Bank of India and Others. AIR 2016 SC 530/MANU/ SC/0061/2016

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (SFAESI Act)
S.13 : Enforcement of security interest – Protected tenant – Tenants covered by the Rent Control act cannot be dispossessed in an action initiated by the bank against the landlord under the SARFAESI Act. [S.14 , Maharashtra Rent Control Act 1999, S. 55(2) , Transfer of Property Act, 1882, S.106]
S. 13 : Enforcement of security interest – Protected tenant – Written Lease agreements – Tenants covered by the Rent Control act cannot be dispossessed in an action initiated by the bank against the landlord under the SARFAESI Act on the premise that no written lease agreement is on record. [S. 14, Maharashtra Rent Control Act 1999, S. 55(2), Transfer of Property Act, 1882, S. 106]

Naveen Kumar v. Vijay Kumar AIR 2018 SC 983/MANU/SC/0077/2018

Motor Vehicles Act, 1988
S.2(30): Owner – As appearing on records – Liable to pay compensation. [Motor Vehicles Act, 1988 S.2(30) ]

K. Subbarayudu and Ors. v. The Special Deputy Collector (Land Acquisition) (2017) 12 SCC 840/MANU/SC/0885/2017

Limitation Act, 1963
S.5: Extension of prescribed period in certain cases – Sufficient cause – Condonation of delay – Delay of 3671 days – No reason to decline benefit merely due to delay in filing of appeal when in similar cases benefit was derived by similar concerns [S. 18, S. 54, Land Acquisition Act, 1894]