Category: Allied Laws

Archive for the ‘Allied Laws’ Category


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 ]

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 .