Rent Control and Eviction Laws – Public Premises (Eviction of Unauthorised Occupants) Act, 1971 vs. State Rent Control Acts – Overriding Effect – Conflict between Suhas H. Pophale v. Oriental Insurance Co. Ltd. (2014) and Ashoka Marketing Ltd. v. Punjab National Bank (1990) – Held: Suhas H. Pophale laid down incorrect law by holding that the PP Act 1971 is prospective and d...
Banking Law – Pledge of Gold Ornaments – Right of Redemption – Petitioner availed gold loan repayable by 12.01.2025 – Bank conducted auction on 17.01.2025 without observing 30-day post-maturity redemption period stipulated in contract – Held: Premature auction violated Section 176 of Contract Act and terms of pledge – Petitioner’s offer to pay dues two day...
Taxation Law - Income Tax – Share Application Money – Section 68 – Evidentiary Value of Statements under Section 131 – ITAT erred in holding that authorities have no power to administer oath under Section 131 – High Court held that such statements are admissible and Section 131 explicitly empowers authorities to examine persons on oath – First question of law an...
POCSO Act - Evidentiary Value - Victim Testimony - Corroboration - Section 29 POCSO Act - The sole testimony of a victim in sexual offence cases, if found consistent, reliable, and trustworthy, can be sufficient for conviction without corroboration- Section 29 of the POCSO Act shifts the burden to the accused to rebut the presumption of guilt once fundamental facts are proven by the prosecution-
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Partnership Act - Unregistered Firm - Eviction Suit - Maintainability - Statutory Right - Section 69(2) of Indian Partnership Act, 1932 - A suit for eviction based on a statutory right under the M.P. Accommodation Control Act, 1961, is maintainable even if filed by an unregistered partnership firm, as the bar under Section 69(2) of the Indian Partnership Act, 1932, applies only to rights arising f...
Patent Law – Computer-Related Invention – Section 3(k) – Technical Contribution – Graphic Data Lineage Generation – Rejection on ground of being algorithmic and lacking technical effect – Held: System incorporating diagram generator, metadata querying interface, configuration information sets, and dynamic iterative lineage generation constitutes technical effect...
Insurance Law – Pradhan Mantri Garib Kalyan Package (PMGKY) – Meaning of "Requisitioning" of Services – Appellant’s husband was a private doctor who died of COVID-19 – Claim rejected on ground that his services were not specifically requisitioned – High Court upheld rejection stating the municipal notice only directed keeping clinics open and was not a...
Civil Law - Interim Injunction – Status Quo – Public Interest Projects – Flood Mitigation – Climate Change Obligations – Article 21 Right to Clean Environment – Article 39(b) Distribution of Material Resources – Section 41(ha) Specific Relief Act – Supreme Court Directions – Status Quo Modified Allowing State to Proceed with Ponds & Eco Par...
Contempt of Court – Limitation – Petition filed beyond one year – Writ Court had directed respondents to conduct an enquiry and pass appropriate orders within eight weeks from 08.12.2021 – Contempt petition filed only in 2025 – Held: Barred by limitation under Section 20 of the Contempt of Courts Act – No exceptional circumstances to invoke inherent powers under...
Civil Law – Rejection of Plaint – Cause of Action – Distinction Between Non-disclosure and Non-existence – Rejection Set Aside – Suit filed by Indian-origin locally recruited staff of Italian Embassy alleging pay discrimination under Italian Presidential Decree – Trial court rejected plaint under Order VII Rule 11(a) CPC, holding no cause of action existed &ndas...