Category: Allied Laws

Archive for the ‘Allied Laws’ Category


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 ]

Jayant Verma and Ors. v. UOI UOI) and Ors. AIR 2018 SUPREME COURT 1079

Constitution of India 1949
Art .141 : Precedent – Ex-parte judgment without discussion is Per incurium hence not binding. [ Art .14, Banking Regulation Act 1949 , S,21A ]

State of Jharkhand and Ors. v. Lalita Devi Kejriwal and Ors. AIR 2018 JHARKHAND 7

Indian Registration Act, 1908

S.30 :Registration – Documents of sale or transfer of the properties must be registered at the place where the immovable property is situated. [ Bihar Amendment Act 1991 , S.30 , Transfer of Property Act ,1882, S.76 ]

New India Assurance Co. Ltd. v. Hill Multi purpose Cold Storage P. Ltd. AIR 2016 SC 86

Constitution of India 1949

Art .141 :Precedents – Binding nature -Decision delivered by a Bench of larger strength is binding on any subsequent Bench of lesser or co-equal strength- A Bench of lesser quorum cannot disagree or dissent from the view of the law taken by a Bench of larger quorum – Subject to discretion of the Chief justice to refer the matter to larger Bench or assign the matter to a particular Bench to decide the issue . [ Consumer Protection Act 1986 , S.13(2)(a) ]

Suraj Lamp & Inds. (P) Ltd Thru DIR v. State of Haryana & Anr AIR 2009 SC 3077

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. : [Indian Registration Act ,1908 , S.17, 49 ,Power of Attorney Act ,1882 S.2 ]

Thiruvengadam Pillai v Navaneethammal and Anr (2008) 4 SCC 530.

Indian Stamps Act,1899,

S.54: Stamp Papers – Use of old stamp papers i.e., stamp paper purchased more than six months prior to proposed date of execution may certainly be a circumstance that can be used as a piece of evidence to cast doubt on authenticity of agreement but that cannot be clinching evidence to invalidate the agreement. [ S.47, Indian Evidence Act , 1872 , S.45, 73 ]

Principal Secretary, Government of Karnataka and Ors. v. Ragini Narayan and Ors. AIR 2016 SUPREME COURT 4545

Indian Registration Act ,1908 .

S.47: Registered Document – Operates from date of its execution – Not from the date of its Registration [ S.17 ]