Category: Allied Laws

Archive for the ‘Allied Laws’ Category


Swiss Time Ltd v. Umrao AIR 1981 Punjab and Haryana 213 ( FB).

Constitution of India .

Art . 141 :Law declared by Supreme Court to be binding on all courts – Interpretation – Two conflicting judgements of Supreme Court – The High Courts must follow the judgement which appears it to lay down the law more elaborately. [ Land Acquisition Act , 1894 , S 53 ]

Kalyan Buildmart Pvt. Ltd. v . Initiating Officer, Dy. CIT (Benami Prohibition) (2021)439 ITR 62//( 2022) / 285 Taxman 335 (Raj)(HC)

Prohibition Of Benami Property Transactions Act, 1988

S. 3 : Prohibition of benami Transactions — Purchase of agricultural land – Act not applicable to companies — Action under Act should be taken within reasonable period – Provisional attachment order was set aside [S. 2(12), 2(24), 19(1)(b), 23, 24(4), Limitation Act , 1963, Rajasthan Land Revenue Act , 1956 , S 90B Art , 226 ]

Indian Agro Food Ltd v. State Bank of India AIR 2022 MP 1

Art. 141 : Precedent – Judgement of Supreme Court – Cannot be construed as statute – Decision of Court should be understood by taking into account factual context in mind .

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.]