Hindu Minority and Guardianship Act, 1956

S.8: Powers of Natural Guardian – Suit for partition and setting aside sale deed – Limitation on filing suit – Suit instituted within 3 years of minor attaining majority – Not barred by limitation – Plaintiffs even though majors, were not managers/karta of Joint family – Not capable of discharging without concurrence of other members of the family [Limitation Act, 1963, S.7, Constitution of India, 1949, Art. 60, 109 ,110, 113]

Transfer of property Act, 1882

S.54: Sale – Power of Attorney – Sale of immovable property through execution of power of attorney sale agreement/general power of attorney/will instead of execution and registration of regular deeds of conveyance deprecated as illegal and irregular – The illegal and irregular process of `Power of Attorney Sales’ spawns several disputes relating to possession and title, and also results in criminal complaints and cross complaints and extra-legal enforcement and forced settlements by land mafia. Therefore, request the Solicitor General to appear in the matter and give suggestions on behalf of Union of India. [S.17, S. 49, Indian Registration Act,1908; S.2, Power of Attorney Act,1882]

Mohammedan Law

Gift – Oral gift under Mohammedan law is valid – Burden of Proof is on the donee.

Insurance Act, 1938

S. 39: Nomination by policy holder – Rights of Nominee – Joint family property(HUF) – Insurance Amount received by nominee/wife – Such amounts constitute the entitlement of all legal heirs of deceased. [Hindu Succession Act, 1956; S.6, Specific Relief Act, 1963]

Insolvency and Bankruptcy Code, 2016

S. 238A: Limitation – Time-barred debts – Section 5 of the Limitation Act may be applied to condone delay in filing applications under Section 7 and Section 9 and the provisions of the Limitation Act applied from the inception of the Code i.e. to applications filed under the Code even prior to 6-6-2018. [Constitution of India 1949, Art 137, Limitation Act, 1963 S. 5, 7]

Contempt of Courts Act , 1971

S. 2(a) :Contempt of Court – Advocate- Judicial independence and courage to be shown while delivering the justice. [Code of Criminal Procedure, 1973 (CrPC) , S. 156(3), Advocate Act, 1961, S 30, S 34]

Code of Criminal Procedure , 1973

S.154: Information in cognizable cases -First Information Report ( FIR) – Supply of copy to accused – Guidelines – Copies of FIRs, except in sensitive cases like sexual offences, offences pertaining to insurgency and terrorism, should be uploaded on websites within 24 hours of registration. [S. 207 , 438, Constitution of India , Art , 21 , 22(1), 32 ]

Code of Civil Procedure, 1908

Order XLI Rule 22: Cross Objection has to be disposed of independently on merits.

Central Excise Act, 1944

S.4 : Assessee – Death of assessee – Assessment abates and legal representative not liable unless specifically provided for in the taxing statute .[ S. 3, 2, 4(3)(a) ]