New Okhla Industrial Development Authority (NOIDA)

Residential premises – Professional activities -Housing Co -operative Societies – Apex Court directs that only lawyers, doctors and architects if staying in their residential flat can conduct professional activities in that flat using 25% of Floor Area Ratio (FAR) – No other commercial activity allowed in a residential flat-Review petition was dismissed . [ Contempt of Courts Act ,1971 ]

Indian Succession Act , 1925

S.213: Statutory tenancy – Can be bequeathed by Will – Unless it is specifically barred by some provision – Powers of Appellate Court – Subsequent events – Wherever subsequent events of fact or law which have a material bearing on the entitlement of the parties to relief or on aspects which bear on the moulding of the relief occur, the court is not precluded from taking a ‘cautious cognisance’ of the subsequent changes of fact and law to mould the relief. [ S. CPC 96, Registration Act , 1908 , S. 5 ]

Delhi Municipal Corporation Act of 1957,
S. 2(3):Professional activity carried on in residential premises by lawyer – Levy of Property Tax – Activity of such kind cannot be termed as professional establishment and premises cannot be termed as business building within purview of Bye-law 9(b) – Levy of property tax on such premises – Not proper.[ S481, 116A(f) ]

Maharashtra Co-operative Societies Act ,1960
S.30 :Nominee – Nominee does not become ‘owner’ of property after death of member – Not competent to enter into ‘Agreement of Sale’ of property to the exclusion of legal heirs.[ Companies Act 1956 , S. 109A ]

Central Excise Act, 1944
Appellate Tribunal -Tribunal must be manned by person of proven integrity and any doubt about person’s integrity should be considered for disqualification- Vigilance clearance- Order of Admirative Tribunal is up held . [ CESTAT ]

Securities and Exchange Board of India Act , 1992
S.15Z: Valuation of shares- Valuation of shares is a technical and complex problem which can be appropriately left to the consideration of experts in the field of accountancy.[ Companies Act , 1956 , S. 4(1)]

Uttar Pradesh Urban Buildings (Regulation of letting ,Rent and Eviction) Act ,1972

S.21: Subsequent event should be considered by courts-It is necessary to do so in order to do complete justice between parties – Test laid down:

Kerala Stamp Act, 1959

S.31:Power of Attorney executed out of India – Adjudication of stamp duty- The original of power of attorney was executed at Dubai in the presence of the Vice Counsel in the Indian Consulate at Dubai and is attested by him on Indian non-judicial stamp paper of the value of Rs.150/ is held to be valid . [ S.18 , Indian Stamp Act ,1959 S.31 ]

Central Excise Act, 1944.
Precedent – Judicial discipline – Conflicting decisions by CESTAT Benches – Appropriate Course for the second Bench is to refer the matter to the Larger Bench- Court directed the President to constitute a larger bench of three Members to decide the issue.

Tripura Value Added Tax Act 2004,
S.71:Appellate Tribunal – Registrar cannot refuse to accept the appeal though not maintainable – Order of Non-Maintainability to be passed by the Tribunal itself and not the registrar even if the petition was prima facie not maintainable.