Motor Vehicles Act, 1988
S.2(30): Owner – As appearing on records – Liable to pay compensation. [Motor Vehicles Act, 1988 S.2(30) ]
Motor Vehicles Act, 1988
S.2(30): Owner – As appearing on records – Liable to pay compensation. [Motor Vehicles Act, 1988 S.2(30) ]
Limitation Act, 1963
S.5: Extension of prescribed period in certain cases – Sufficient cause – Condonation of delay – Delay of 3671 days – No reason to decline benefit merely due to delay in filing of appeal when in similar cases benefit was derived by similar concerns [S. 18, S. 54, Land Acquisition Act, 1894]
Indian Succession Act, 1925
S. 63: Execution of wills- Requirements of a valid will – The attesting witness should speak not only about the testator’s signature or affixing his mark to the will but also that each of the witnesses had signed the will in the presence of the testator – execution must be proved by at least one attesting witness, if an attesting witness is alive. [Indian Evidence Act, 1872 , S . 68]
Indian Partnership Act, 1932
S. 5: Partnership not created by status – Property of the firm – Interest of a partner in partnership assets, whether a moveable or immoveable property – Partner’s rights during the existence of the partnership – Partner’s rights after the dissolution of the partnership or with his retirement from the partnership firm – Unregistered deed of release in a partnership firm whether admissible as evidence even though the partnership owned immoveable property – [S. 12, 14, 15, 29, 31, 48, Indian Registration Act, 1908 ,S. 7(1), 37 , 48]
Indian Evidence , Act 1872
S.65B – Admissibility of electronic records – Data – Electronic Records – Document – furnishing certificate [S.2(t), 65A, 65B(4), 69, Information Technology Act, 2000, 67C, Representation of the People Act , 1951 , S.80, 81]
Hindu Succession Act, 1956,
S.6: Devolution of interest in coparcenary property – Interest in coparcenary property – Daughters have to be given equal share of co parcenary rights in share of property like the son even if born prior to Amendment to Hindu Succession Act. (Hindu Succession Act, 1956 as amended by Hindu Succession (Amendment) Act, 2005)
Constitution of India ,1950
Art. 368 : Power of Parliament to amend the Constitution and procedure therefor – Basic Structure of Constitution- Article 368, does not enable Parliament to alter the basic structure or framework of the Constitution. [Art .13(1), 14, 19(1)(f), 25, 26, 31, 32, Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of 1971)
Constitution of India ,1950
Art. 226 : Power of High Courts to issue certain writs – Alternative remedy – Not an absolute bar on writ jurisdiction [Trade and Merchandise Marks Act 1958 , 56(4)]
Constitution of India ,1950
Art. 141: Law declared by the Hon’ble Supreme Court shall be binding on all courts with in territory of India – Covid-19 – Extension of limitation period due to Covid-19 Lock down- Service of all notices, summons and exchange of pleadings may be effected by e-mail, FAX, WhatsApp, Telegram, Signal etc in addition to service of the same document by e-mail simultaneously on the same date – The Reserve Bank of India may consider whether the validity period of a cheque under the Negotiable Instruments Act should be extended or not [Arbitration and Conciliation Act, 1996 S.23(4), 29A, Banking Regulation Act,1949, S.35A, Commercial Courts Act, 2015, S.12A Constitution of India, 1949, Art 141, Negotiable Instruments Act, 1881, S.46, Limitation Act 1908 , S.5]
.Constitution of India ,1950
Art. 21:Protection of life and personal liberty – Natural Justice – Opportunity to be heard is universally recognized as an essential ingredient of principle of natural justice – Audi alteram partem – Even if not specifically provided for may be applicable by implication – Rules of natural Justice applicable to administrative action. [ Art . 14 ,19, Pass Port Act , 1976 , 10(3)(c ) ]