Category: Allied Laws

Archive for the ‘Allied Laws’ Category


Kirti v. Oriental Insurance Co Ltd ( 2021 ) 2 SCC 166

Motor Vehicles Act 1988.

S. 168 : Compensation – Concession by Counsel is not binding upon court – Waiver of rights of clients – Estoppel , Acquiescence and waiver .

Madhvendra L. Bhatnagar v. Bhavna Lall ( 2021 ) 2 SCC 775

The Advocates Act , 1961
S. 35: Punishment for Advocates for misconduct – Advocate advising his client that appeal pending before Supreme Court will not succeed at all – Held is a professional Misconduct – Needs to be proceeded with .

Prashant Bhushan and another . In re ( 2021 ) 3 SCC 160

Contempt of Courts Act, 1971 .
S. 13: Contempts not punishable in certain cases – Advocates – Professional standards , ethics, and duties – Duty to avoid publicity – Judicial independence and courage – Media Trial – Trail by media – Judicial decisions cannot be influenced by opinions expressed in media . [Advocates Act ,1961 , S. 35, General Clauses Act , 1897, S. 3(22), Art, 19(1)(a) ,19(2) , 32 , 226 ]

Madras Bar Association v .UOI ( 2021 ) 7 SCC 409

Appellate Tribunal and other Authorities ( Qualifications Experience and other Conditions of Service of Members ) Rules , 2020 – Constitutional validity – Directions modified [ Art , 323-A]

Madras Bar Association v UOI ( 2021 ) 7 SCC 369

Appellate Tribunal and other Authorities ( Qualifications Experience and other Conditions of Service of Members ) Rules , 2020 – Constitutional validity – Directions are issued . [ Art , 323-A]

In Re: Cognizance for Extension of Limitation Suo Motu Writ Petition (SC) www.itatinline .org

Constitution of India

Art. 141 : COVID-19 –Limitation Extended from March 15 , 2020 till February 28 , 2022 – Relief for litigants and lawyers [ Art. 142]

Hyderabad Potteries Pvt Ltd v. Debbad Visweswara Rao AIR 2021 Telengana 161 ( HC)

Specific Relief Act 1963 .

S. 12 : Specific performance of part of contract – Suit for specific performance – Cross objection – . If cross -objection is not filled the respondent losses that benefit when appellant withdraws appeal .[S. 20, Civil Procedure Code , 1908, O. 41 , R. 22.]

Korukonda Chalapathi Rao & Ors v. Korukonda Annapurna Sampath Kumar MANU/SC/0757 /2021 (SC) / , 2021(4)RCR(Civil)433 (SC) (SC)

Registration Act, 1908

S. 17: Documents of which registration is compulsory – Effect of non-registration of documents required to be registered – Deed of Family Settlement – Merely recording of past transaction – Registration not mandatory- It may not require to be stamped.[ S. 49, Code of Civil Procedure, 1908, Ord. 13, R. 3]

Md. Abul Kalam v. UOI (Gauhati) (HC) www.itatonline.org

Oral hearing is an important ingredient of the justice delivery system-An open court proceeding ensures that the judicial process is subject to public scrutiny- Public scrutiny is crucial to maintaining transparency and accountability-.Transparency in the functioning of democratic institutions is crucial to establish the public‘s faith in them…….. – Successor Judge -Has to give oral hearing before passing the order . [ Code of Civil Procedure, 1908 , Order XVIII Rule, (2) ]

Devinder Singh v. Municipal Council ( 2011) 6 SCC 584 Editorial : In CIT (LTU) . v. Texas Instruments India Pvt. Ltd. (2021)435 ITR 1 / 321 CTR 34 (Karn) (HC) the court held that engineers employed in a software company are worken for the purpose of section 80JJAA of the Income -tax Act , 1961 .

Industrial Disputes Act, 1947

S. 2(s): Workmen- Test of employment for hire or reward for doing the specified work is satisfied the employee would fall with in the definition of workmen