Category: Allied Laws

Archive for the ‘Allied Laws’ Category


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]

Yumnam Ongbi Tampha Ibema Devi v. Yumnam Joykumar Singh (2009) 4 SCC 780

Indian Succession Act, 1925
S. 63: Execution of wills- Requirements of a valid will – The attesting witness should speak not only about the testator’s signature or affixing his mark to the will but also that each of the witnesses had signed the will in the presence of the testator – execution must be proved by at least one attesting witness, if an attesting witness is alive. [Indian Evidence Act, 1872 , S . 68]

Addanki Narayanappa v. Bhaskar Krishnappa AIR 1966 SC 1300/ 1966 SCR (3) 400

Indian Partnership Act, 1932
S. 5: Partnership not created by status – Property of the firm – Interest of a partner in partnership assets, whether a moveable or immoveable property – Partner’s rights during the existence of the partnership – Partner’s rights after the dissolution of the partnership or with his retirement from the partnership firm – Unregistered deed of release in a partnership firm whether admissible as evidence even though the partnership owned immoveable property – [S. 12, 14, 15, 29, 31, 48,  Indian Registration Act,  1908 ,S. 7(1), 37 , 48]

Arjun Panditrao Khotkar v. Kailash Kusahanrao Goryantal ( MANU/SC/0521/ 2020 (SC)

Indian Evidence , Act 1872
S.65B – Admissibility of electronic records – Data – Electronic Records – Document – furnishing certificate [S.2(t), 65A, 65B(4), 69, Information Technology Act, 2000, 67C, Representation of the People Act , 1951 , S.80, 81]

Vineeta Sharma v. Rakesh Sharma MANU/SC/0582/2020 ( 2020) 9 SCC 1(SC). www.itatonline. org

Hindu Succession Act, 1956,
S.6: Devolution of interest in coparcenary property – Interest in coparcenary property – Daughters have to be given equal share of co parcenary rights in share of property like the son even if born prior to Amendment to Hindu Succession Act. (Hindu Succession Act, 1956 as amended by Hindu Succession (Amendment) Act, 2005)

Keshavanada Bharati Sripadalvaru v. State of Kerala AIR 1973 SC 1461

Constitution of India ,1950
Art. 368 : Power of Parliament to amend the Constitution and procedure therefor – Basic Structure of Constitution- Article 368, does not enable Parliament to alter the basic structure or framework of the Constitution. [Art .13(1), 14, 19(1)(f), 25, 26, 31, 32, Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of 1971)