Category: Allied Laws

Archive for the ‘Allied Laws’ Category


K. Subbarayudu and Ors. v. The Special Deputy Collector (Land Acquisition) (2017) 12 Supreme Court Cases 840

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 [ Land Acquisition Act, 1894 ,S. 18, 54]

In Re Cognizance for extension of limitation v .Ors ( 2020) 9 SCC 468; MANU/SC/ 0654/ 2020 (SC) www.itatonline.org

Constitution of India , 1949 . Art.141 :Covid -19 – Extension of limitation period due to Covid-19 Lock down- Service of all notices, summons and exchange of pleadings may be effected by e-mail, FAX, WhatsApp, Telegram, Signal etc in addition to service of the same document by e-mail simultaneously on the same date- The Reserve Bank of India may consider whether the validity period of a cheque under the Negotiable Instruments Act should be extended or not [ Arbitration and Conciliation Act, 1996 S.23(4),29A, Banking Regulation Act,1949, S.35A, Commercial Courts Act, 2015 ,S.12A Constitution of India, 1949 , Art 141 , Negotiable Instruments Act, 1881,S.46 Limitation Act 1908 , S.5 ]

S. D. Joshi & Ors v. High Court of Judicature at Bombay & Ors. AIR 2011 SC 848

Constitution of India , 1949
Art. 217(2) : Judicial office- Elevation to High Court – Family Court has all trappings of Court – Therefore is a court – However Judges of Family Court do not hold, Judicial Office- Not eligible to be considered for elevation as High Court Judges . [ Art , 233(2) 236 , Family Courts Act , 1984 , S 3 ]

S.N.D.P Sakhayagam v .Kerala Atmavidya Sangam and ors ( 2017) 8 SCC 835

S.260A :Appeal -High Court – Substantial question of law- High Court in second appeal cannot reverse the concurrent finding of Courts below ,without framing a substantial question of law . [ Civil procedure code 1908 , S.100 ]

Jetu Jacques Taru Lalvani v. Solestrap Industries Ltd. (2006) 3 AIR Bom R 281/ , AIR 2006 (NOC) 780 (Bom)/ 2006 (1) MHLJ 21 (Bom) (HC)

Maharashtra Co -Operative Society Act ,1960

S.41 : Exemption from compulsory registration of Instruments relating to shares and debentures of Society – Gift of shares of Co-op Hsg. Society- Gift of immoveable property -Unregistered declaration of gift of Shares held by a Member of Co-operative Hsg. Society – Property thereunder cannot be said to be validly transferred even though accepted by donee.[ Indian Registration Act ,1908, S.17 , Transfer of property Act , 1882 , S. 53, 123 ]

UOI and Others v. Debts Recovery Tribunal Bar Association and Another (2013) 2 SCC 574.

Recovery of Debts Due to Banks and Financial Institutions Act, 1993,

S.3: Establishment of Appellate Tribunal- Infrastructural constraints faced by DRTs and DRATs, in terms of inadequacy of Tribunals, Members/Chairpersons, staff, physical infrastructure, etc. – Suggestions made by Solicitor General and amicus curiae for improving the administration of justice by these Tribunals. – High Court shall keep a watch on functioning of Tribunals: [ S.17, 18 , Constitution of India 1949 , Art , 226 , 227 ]

Ayaaubkhan Noorkhan Pathan v. State of Maharashtra & Ors AIR 2013 SC 58/ (2013) 4 SCC 465

Indian Evidence Act ,1872
S.3 : Natural Justice – Right of cross examination – Is integral part of Natural justice though not provided under the statute – Affidavit of own is not evidence with in meaning of S. 3 of the Evidence Act , 1872 .

Ummer v. Pottengal Subida and Ors. AIR 2018 SUPREME COURT 2025

Limitation Act, 1963
S.5: Appeal – Condonation of delay of 554 days -Mentally disturbed – Prolonged illness and hospitalization – Sufficient for condonation.

K.Krishna Palani v. Santhakumari and others AIR 2018 (NOC) 154 (MAD.)

Benami Transactions (Prohibition) Act, 1988
S.4: Benami – Joint family property – Benami Transaction – Since the property is a joint family property and the claim only seeks to proclaim the property as joint family property and not to claim the property to be their own property, the rigor of S..4 of the Benami Act cannot have any application to the facts of the case.

SRD Nutrients Pvt Ltd v. CCE (2018) 1 Supreme Court Cases 105

Constitution of India 1949
Art .141 :Precedent – Judicial Discipline – Reference to Larger Bench in case of contradicting views. [ Central Excise Act , 1944 ]