Bharatiya Nagarik Suraksha Sanhita, 2023. (BNSS)

S. 35: When police may arrest without warrant- Notice by Investigating Agency – Inquiry – Electronic communication-Liberty of individual involved – Cannot be served via WhatsApp or electronic communication – Standing order must follow CrPC/BNSS modes only – Application to modify earlier order rejected – State must ensure personal service – Application dismissed.[S.2(i), 2(k), 35(3), 35(4), 35(5), 35(6),39, 63, 64(2), 71, 94, 193, 530 , CrPC, 1973 ,S. 41A Art. 21, 32 , 136 ]

Real Estate (Regulation and Development) Act, 2016 (RERA, Act)
S. 43: Real Estate Appellate Tribunal – Powers of Tribunal – Maharashtra Real Estate Regulatory Authority – Right to legal representation- A Hybrid system of hearing – Execution of orders – Delay in enforcement – Virtual-only hearings – Hybrid hearing not offered – Absence of mechanism for urgent listing and execution – Access to justice is an important of any courts / Tribunals exists , must be given an opportunity of hearing – Tribunals were constituted with the sole objective of delivering speedy , inexpensive and decentralised adjudication of disputes in various matters -Exclusive reliance on virtual hearings is unsustainable- Guidelines issued to ensure access to justice – Writ petition allowed. [ S. 20, 53 ,56 RERA Regulations 2017, Circular No. 34A dated 08.04.2025, Sarvesh Mathur v. Registrar General, (2023) MANU/SCOR/03900/2025, Art. 226, 227, 323A ]

Indian Succession Act, 1925
S. 63: Execution of unprivileged wills – Registered will – Presumption of due execution -Registered will carries a strong presumption of genuineness and due execution under law -Oral family settlement – Testamentary disposition upheld where will is registered and signature admitted – Separate possession corroborates arrangement – High Court erred in treating property as joint family asset – Trial Court’s decree restoring full title and injunction in favour of legatee upheld.[ Hindu Succession Act, 1956, S. 6, Indian Evidence Act, 1872, 68, 69; CPC, 1908, Order 22 Rule 10. ]

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 ( SARAESI ,Act )

S. 13: Enforcement of security interest – Unregistered lease agreement- Monthly tenant – Mortgage – Tenant cannot object to eviction without establishing that Tenancy was created before Mortgage- Alternative remedy – Writ is not maintainale – Appeal is allowed . [ S.13(2) , 13(4),14,17(4A), 18 , 35, Transfer of Properrty Act, 1882, S. 65A, Art. 132, 226 , 227 ]

Companies Act , 2013 .

S. 2(62): One person company – The separate legal personality and limited liability shield of an One Person Company (OPC) under Indian corporate law- The separate legal personality and limited liability shield of an OPC under Indian corporate law- Set aside the direction of the Arbitration Tribunal against Mr Savan Prasad . [ S. 3(1) , Arbitration and Conciliation Act , 1996, S. 17, 37(2)(b) ]

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

S. 13 : Liability of guarantor is joint and several with principal debtor – Bank is entitled to proceed under SARFAESI Act for properties mortgaged by guarantor. [ S. 13(4), 17 ]

The Power of Attorney Act , 1882

S. 2: Execution of power- of- attorney -General power of attorney – Transfer – Power of attorney and agreement to sell were not registered- In absence of registration under section 17(1)(b) of Registration Act, it would not be open for holder of power of attorney (POA ) to content that she had a valid right, title and interest in immovable property to execute registered sale deed in favour of appellant- Sale deed executed by General Power of attorney (POA) holder after death of original owner was invalid. [ S. 1A , Indian Contract Act , 1872, 201, 202 , Indian Income -tax Act , 1961 , 2(47) , Indian Registration Act ,1908, 17(1))(b) , 49, , Limitation Act , 1963 , Article . 58 , 65, Transfer of Property Act , 1882 , S.40,53A, 54, 55 , Specific Relief Act ,1877, ]

Maharashtra Stamps Act, 1958

S. 48 :Application for relief under section 47 – Period for application for relief – Refund Of Stamp Duty – Amended limitation period – Deed of cancellation- Deed of rectification- Accrued right to claim refund arose the moment the cancellation deed is validly executed- Entitled to the benefit of unamended provision of S.48(1)- No Power with Chief Controlling Revenue Authority, Maharashtra State, Pune (CCRA) to recall its own order- Directed to refund the amount with interest @ 6 percent from the date of first order. [S. 47 ,50, Limitation Act, 1963 ,S.30, Registration Act, 1908 , S. 47 ]

Prevention of Money Laundering Act, 2002 .
S. 2 (1)(u): “Proceeds of crime” means any property derived or obtained directly by property derived or obtained directly or indirectly ,by any person as a result of criminal activity relating to a schedule offence or value of any such property – Offence of money laundering – Punishment for money -laundering – Allowing the Criminal Revision application the Court awarded exemplary cost Rs 1 lakh each on complainant and Enforcement Director ( ED) for invoking criminal action and harassing the Developer with criminal action – Breach of agreement – Purchaser and Developer –Law Enforcement Agencies like ED should conduct them selves within parameters of law and that they cannot take law in to their own hands without application of mind and harass citizens. [S. 3, 4, Indian Penal Code 1860 , S 120B, 406 , 418 , 420 ]

Advocate Act,1961

S. 24:Persons who may be admitted as advocates on a State roll- Duties of advocate – Production of evidence – Party cannot be penalised for fault pf counsel – One more opportunity is granted to produce evidence – One more opportunity was granted to plaintiff to adduce evidence subject to payment of costs of Rs .5000 .-
Every lawyer is expected to keep in mind the fact that he is also an officer of the Court and judicial system is based upon co operation of lawyers – It is also expected from the concerned lawyers of parties to positively remain present before Court on the date given by the trail court . However , if the lawyer is not in a position to remain present , he shall make alternative arrangement for proceedings of the case in order to avoid inordinate delay . [Civil Procedure Code , 1908 , O.18 R. 24 ]