Category: Allied Laws

Archive for the ‘Allied Laws’ Category


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) ]

UOI v. Shiv Raj; AIR 2014 SC 2242

Land Acquisition Act, 1894

S.5A:Hearing of objections- Natural justice – Objective Application of mind to the objections raised – Officer hearing objection should himself decide objections and give report- Successor decides the case without giving a fresh hearing, the order would stand vitiated having been passed in violation of the principles of natural justice. [ S.5C ]