Category: Allied Laws

Archive for the ‘Allied Laws’ Category


Shailendra Swarup v. The Deputy Director, Enforcement AIR 2020 SC 3890; MANU/SC/0544/2020 (SC) www.itatonline .org Editorial: FERA, 1973 has been substituted with FEMA, 1999. Section 51 of FERA, 1973 is similar to section 13(1) of FEMA, 1999.

Foreign Exchange Regulation Act (FERA), 1973
S. 8, Liability for Offense – Role played by in Company Affairs – Not designation or Status . [ S. 51, 68]

Ravinder Kaur Grewal & Ors.v.Manjit Kaur & Ors(SC)MANU/SC/0570/2020 www.itatonline.org .

Indian Registration Act , 1908

S.17 – Unregistered Document- Recording of memorandum of family Settlement prepared after the family arrangement does not require registration.

Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal and Ors. www.itatonline.org (SC) : MANU/SC/0521/2020

Indian Evidence Act, 1872
S. 65B – Evidence – Electronic records- Certificate under Section 65B(4) – Not necessary if original document is itself produced. [Information Technology Act, 2000, S.3 ]

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

Hindu Succession Act, 1956
S. 6: Equal right of a daughter in HUF – Devolution of interest in coparcenary property – Confers status of coparcener on daughters, even if born prior to the amendment, with effect from 9.9. 2005 – Amendment is retrospective. [ Hindu Succession (Amendment) Act, 2005 ]

Shree Hari Chemicals Export Ltd. v. UOI & Anr. (2006) 1 SCC 396 / AIR 2006 SC 693 / (2005) 193 ELT 257 (SC)

Central Excise Act, 1944

S.4: Excisable valuation of goods for charging of duty of excise – Assessment – Relief – Rights of an assessee – Wrong mention of section would not be ground to refuse relief to an assessee if he is otherwise entile thereto .[Central Excise tariff Act , 1985 , Rule 57A ]

Ravinder Kaur Grewal & Ors v. Manjit Kaur & Ors (SC) www.itatonline.org

Indian Registration Act, 1908

S.17 : Documents which registration is compulsory – Family arrangement -A memorandum of settlement does not require registration- Order of High Court is set aside .

Rei Agro Ltd & Ors. AIR 2015 Calcutta 54 (HC)

Notaries Act,1952 , S. 14

S.14:Reciprocal arrangements for recognition of notaries Acts done by foreign notaries – Presumption as to power of attorney- Document executed and authenticated before Notary Public of Singapore – Document cannot be judicially recognized. Winding up petition based on the power of Attorney executed before the Notary of Singapore is held to be not valid as per Indian law. [ Indian Evidence Act 1872, S.85 ]

Jet Airways (India) Ltd v. Sahara Airlines Ltd & Ors.(2011) Vol 113 (3) Bom. L.R. 1725

Indian Contract Act , 1872
S. 59 : Application of payment where debt to be discharged is indicated – Apportionment between interest and principal- Firstly in payment of interest and cost therfater payment of principal amount , unless a specific direction contained in the decree or contract . [ S 60 , 61 ]

State of UP and Ors.v. Saroj Kumar Sinha AIR 2010 SC 3131

Constitution of India, 1949
Art. 311 (2) :Dismissal or removal -Disciplinary enquiry – Documents furnishing foundation of charge sheet must be supplied- Principle of natural justice is violated – Dismissal was held to be not vald .

Rama Nand v. Mulakh Raj & Anr. AIR 2010 (NOC) 921 (P & H)

Transfer of property Act ,1882

S.106: Duration ofn certain lease – Servicing of Notice –Notce sent by registered poat recived back wth report not present -No presumption can be drawn unless something more is proved by cogenet evidence that it was refised. [ Code of Civil procedure ,1908 , Order v , General Clauses Act , 1897 , S 27, Indian Evidence Act ,1872 S.114(f) ]