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) ]
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
Chartered Accountants Act, 1949
S. 22 : Professional or other misconduct –Merger – High court appointed the Auditor and report was accepted – Rejection of complaint of the petitioner against the chartered Accountant by the Disciplinary Committee of ICAI is held to be justified . [ Art , 226 ]
Constitution of India
Art. 224A: Appointment of retired judges at sittings of High Courts – Appointment of Ad hoc Judges – To clear backlog of cases pending in High Courts crossed 57 lakhs with ratio of vacancies of 40% – General guidelines to excise power in transparent manner .
Consumer Protection Act , 2019
S. 101 :Power of Central Government to make rules -Appointment of Judicial Members -Adjudicating Members – State Consumer Commission-District Consumer Forums- Tribunals-Appointment Process, Minimum experience- 20 years for appointment of President and 15 years for members of state Commission- Unconstitutional and violative of Article 14 of the Constitution of India- Advocate with 10 years of experience at the Bar eligible for appointment as Members in Tribunals- Rules-Struck down -[ Consumer Protection Rules, 2020, Rule 6 3(2)(b), 4(2)(c), 6(9), Art , 14 ]
Limited liability Partnership Act , ( 6 of 2009 )
S. 58(1) : Registration and effect of conversion – The identity of the firm as a legal entity changes – Stamp duty and registration fee cannot be levied upon conversion of a partnership firm to LLP- The Transfer of assets of firm to LLP is by operation of law . [ S. 55, 58 (4)(b), Registration Act , 17, Stamp Act . S.3 , H.P Tenancy and Land Reforms Act ,(8 of 1974 ) S.118 ]
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 ( SARFAESI Act, 2002)
S. 13(2): Enforcement of security interest – Recovery of Dues – Priority of debtor – The charge of secured creditor would have priority over Government dues under the Income- Tax Act. [ S. 3. 13(4),34(1), 35 , ITACT, S. 226 , Art , 226 ]
Constitution of India .
Art . 141 : Law declared by Supreme Court to be binding on all courts – Covid -19 – Limitation – State and Central Acts – Directions issued for exclusion of period from March 15, 2020 to March 14, 2021 — Remaining period to apply from March 14, 2021- [ Arbitration and Conciliation Act, 1996 S, 23(4) , 29A, Commercial Courts Act, 2015 , S.12A, Negotiable Instruments Act, 1881, S.138 ]
Prohibition of Benami Property Transactions Act, 1988
S.3: Prohibition of benami transactions – Right to recover property held benami – Onus of establishing that a transaction is benami is upon one who asserts it . [ S.4 ]
Prohibition of Benami Property Transactions Act, 1988
S.3: Prohibition of benami transactions – Right to recover property held benami – Onus of establishing that a transaction is benami is upon one who asserts it . [ S.4 ]
Prohibition of Benami Property Transaction Act, 1988
S. 2(9) : Benami transaction – Property held in spouses’s name- Notice issued was stayed . [ S.24 ]