April 13, 2026 7:49 pm

Illegal import—Burden of proof was upon the accused to establish the foundation of charge.

Bysclaw

Apr 17, 2017

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Rajasthan Tenancy Act, 1955 — Section 88 — Khatedari rights — Claim for declaration of Khatedari rights and recovery of land unlawfully encroached upon — Trial Court decreed suit based on plaintiff’s inherited Khatedari rights from his father — Defendant contested case, later declared ex-parte — Appeal filed after significant delay rejected — Second appeal remanded by Board of Revenue, affirmed by High Court — Supreme Court held that original authority provided no opportunity to adduce evidence after specific date — Trial court proceeded ex-parte without proper service of summons, denying reasonable opportunity to defend — Sale deed not summoned, mutation ignored — Defendant’s unawareness of decree due to non-execution and delayed mutation change — High Court favoured defendant noticing her status as widow and illiterate.

Apr 12, 2026 sclaw

Rent State Laws

U.P. Urban Premises Rent Control Ordinance, 2021 — Section 21(2) — Eviction proceedings — Landlord-tenant relationship established and affirmed up to Supreme Court — Tenant’s subsequent restoration application before Rent Authority, challenging sale deed validity, was an abuse of process and overreaching court orders — Rent Authority’s order setting aside eviction was void for lack of jurisdiction, as title dispute is purview of Civil Court, not Rent Authority — Judicial discipline and adherence to law require subordinate authorities to follow higher court orders

Mar 29, 2026 sclaw

Uttar Pradesh Reorganisation Act, 2000 — Section 87 — Power to adapt laws — Section 87 of the Reorganisation Act allows for the adaptation and modification of existing laws in successor states for a period of two years to facilitate the application of laws — This provision ensures legislative continuity for local institutions, including Cooperative Societies, until replaced by fresh legislation — The transitional regime provided under Section 87 was relied upon for reconstitution of cooperative societies following the bifurcation of Uttar Pradesh.

Mar 15, 2026 sclaw

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Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — Transfers of property made during the pendency of litigation are subject to the doctrine of lis pendens and are subservient to the final decision of the court — Such transfers are not void ab initio but remain invalid if the litigation goes against the transferor.

Apr 12, 2026 sclaw

Insolvency and Bankruptcy Code, 2016 — Section 9 — Application for corporate insolvency resolution process — Existence of a pre-existing dispute — Adjudicating authority must reject the application if notice of dispute has been received by the operational creditor or there is a record of dispute — The dispute must bring to the notice of the operational creditor the “existence” of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending — The authority needs to see if there is a plausible contention which requires further investigation and that the “dispute” is not a patently feeble legal argument or an assertion of fact unsupported by evidence — It is important to separate the grain from the chaff and to reject a spurious defence which is mere bluster — However, in doing so, the Court does not need to be satisfied that the defence is likely to succeed — The Court does not at this stage examine the merits of the dispute except to the extent indicated above — So long as a dispute truly exists in fact and is not spurious, hypothetical or illusory, the adjudicating authority has to reject the application.

Apr 12, 2026 sclaw

Civil Procedure Code, 1908 (CPC) — Section 105(1) — Challenge to interlocutory orders — Rejection of an application under Order 2 Rule 2 CPC does not preclude the party from raising that issue again in an appeal against the final decree, as per Section 105(1) CPC, unless a separate appellate remedy is expressly provided.

Apr 12, 2026 sclaw

Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of Inquiry — Limited to prima facie existence of arbitration agreement — Questions like ‘accord and satisfaction’, limitation, dishonesty, frivolity and arbitrability of subject matter are to be left to the arbitral tribunal under Section 16, reflecting the principle of Kompetenz-Kompetenz.

Apr 12, 2026 sclaw