The remedies available to a tenant in the event that legal action is taken under Section 14 of the SARFAESI Act while the tenant’s tenancy is still in effect have been clarified by the Allahabad High Court. The Bench of Justices Siddhartha Varma and Shekhar B. Saraf clarified in that regard that two of the …
The controversial electoral bonds scheme was declared unlawful by the Supreme Court in a landmark decision today. The court found that the anonymity provided by electoral bonds breaches the right to information guaranteed by Article 19(1)(a) of the Constitution. This ruling follows the hearing of several petitions against the plan by a constitution bench that …
On February 13, the Supreme Court overturned the temporary protection afforded to officers of Indiabulls Housing Finance Ltd. in a formal complaint filed in response to the Director of Shipra Estate’s complaint, and the Enforcement Directorate’s ensuing inquiry. The criminal procedures were stayed by the Allahabad High Court last year, shielding the policemen from arrest. …
According to a ruling by the Supreme Court, Panchayat members in Maharashtra who were elected from seats designated for SC/OBC shall be immediately disqualified if they do not present the Scrutiny Committee’s Validity Certificate for their Caste Certificate within a year of the election. The reason for this is that the Maharashtra Village Panchayats Act …
The Bombay High Court noted that an unsuccessful or postponed reconstruction cannot violate the fundamental rights of senior residents regarding their access to shelter. An elderly woman who was a member of Navin Manju Co-operative Housing Society Ltd. filed a writ case with the court in 2019. She claimed that her flat had been abandoned …
The plaintiff may initiate a claim for declaration of title based on the plea of adverse possession, the Supreme Court has reaffirmed. The Court of Appeal overturned the High Court’s decision. Justices P.S. Narasimha and Aravind Kumar noted in their reference to the Ravinder Kaur Grewal v. Manjit Kaur ruling that a plaintiff is entitled …
The Supreme Court recently noted that if a deed’s earlier and later clauses are repugnant to one another—that is, if a later clause completely eliminates the obligation that the earlier clause created—then the earlier clause should take precedence and the later clause should be rejected. The Bench of Justices Vikram Nath and Ahsanuddin Amanullah remarked …
The Bombay High Court ruled that children could not lawfully claim exclusive possession or ownership of their parents’ property while they were alive. The son’s petition against the Senior Citizens Maintenance Tribunal’s (Tribunal) order to leave his mother’s tenement was denied by the court. In order to secure the well-being of senior citizens, the Maintenance …
The Supreme Court noted that courts have the authority to use Section 73 of the Indian Evidence Act, 1872 (IEA) to compare the signatures on checks with certified copies of specimen signatures in cases involving “cheque bounce.” The High Court’s decision to deny a request to provide more evidence and consult a handwriting expert was …
Developer Accord Builders was recently hit with an exemplary cost of Rs. 1 Lakh by the Bombay High Court for allotting a rehab tenement without holding a lottery in front of an assistant registrar of cooperative societies from the Slum Redevelopment Authority (SRA). The SRA’s Slum Rehabilitation Program in Kurla, Mumbai, is at the center …
