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State Laws

Revenue Law–Entries made in the revenue record of right, cannot defeat the lawful title acquired by an auction purchaser.

Bysclaw

May 7, 2017

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State Laws

Uttar Pradesh Revenue Code, 2006 — Section 30 — Maintenance of Map and Field Book — Correction of Revenue Map — Scope of Section 30 — Section 30 allows the Collector to record annual changes in boundaries or correct errors or omissions detected in the map or field book (khasra) — It does not permit reopening an issue settled previously between parties regarding the location or extent of plots, especially when the earlier decision attained finality and was based on determined possession and ownership — Efforts to change the location of a purchased plot, which has already been subject to final determination under the predecessor law (Uttar Pradesh Land Revenue Act, 1901), do not fall within the scope of “correction of errors or omissions” under Section 30. (Paras 5.1, 8, 9, 10, 12, 13, 14, 15)

Dec 10, 2025 sclaw
Constitution State Laws

Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 — Section 4 (unamended) — Person competent to lodge FIR — Essential Nature — Prohibition Act is a special legislation and its procedure must be followed, overriding general CrPC provisions for FIR registration by police — Prior to 2024 Amendment, Section 4 restricted FIR lodging to aggrieved persons or their relatives by blood, marriage, or adoption — This restriction is not a mere procedural nicety but a deliberate legislative choice to protect individual autonomy and prevent frivolous litigation in matters of personal religious faith — FIR lodged by complainant not falling within these categories is ab initio void and liable for quashing.

Oct 26, 2025 sclaw
State Laws

Punjab Village Common Lands (Regulation) Act, 1961, as amended by Haryana Act No. 9 of 1992 — Section 2(g)(6) — Validity — Land reserved for common purposes under East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, vesting with Gram Panchayat — Held valid — Amendment did not suffer from constitutional infirmity — Land reserved for common purposes cannot be re-partitioned amongst proprietors.

Sep 21, 2025 sclaw

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Contempt

Contempt of Courts Act, 1971 — Sections 2(c), 12, 19 — Criminal Contempt — Power to Punish and Forgive — The power to punish for contempt carries the concomitant power to forgive when the contemnor demonstrates genuine remorse and repentance, making the extension of mercy an integral part of judicial conscience — Contempt jurisdiction is neither a personal armour for Judges nor a sword to silence criticism — Court must treat the acknowledgment of contrition as a virtue and extend forgiveness where the contemnor sincerely acknowledges the lapse and seeks to atone for it. (Para 1)

Dec 13, 2025 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 9 — Corporate Insolvency Resolution Process (CIRP) — Application by Operational Creditor — Pre-existing Dispute — Adjudicating authority must determine if operational debt exists, if non-payment has occurred, and if a dispute existed prior to the demand notice (Section 8) — Dispute must be genuine, substantial, and not spurious, hypothetical, or illusory (mere ‘moonshine’ or ‘bluster’) — Court is not required to examine the merits of the dispute or satisfy itself that the defence is likely to succeed. (Paras 15, 16, 19)

Dec 13, 2025 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 62 — Liquidation Process — Sale of Assets — Appeals against NCLAT majority decision confirming forfeiture of amount paid by bidder — Private sale requiring Adjudicating Authority’s prior approval — Regulation 33(2)(d) of IBBI (Liquidation Process) Regulations, 2016 — Where liquidator seeks NCLT approval for private sale after failed auctions and decision to sell at scrap value, the sale falls under Regulation 33(2)(d) and not Regulation 33(2)(c) (sale at price higher than reserve price of failed auction) — Contention that sale was purely a contract governed by Indian Contract Act, 1872, rejected. (Paras 12, 16, 19)

Dec 13, 2025 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Sections 29A(1), 29A(4), 29A(6), 23(4) — Time limit for arbitral award — Termination of mandate — Substitution of Arbitrator — Section 29A aims for time-bound disposal of arbitration proceedings — An award in non-international commercial arbitration must be made within twelve months from completion of pleadings (Section 23(4)) — If the award is not made within the initial twelve months or the extended six months (by consent), the arbitrator’s mandate terminates unless the Court extends the period (Section 29A(4)). (Paras 9, 10, 11)

Dec 13, 2025 sclaw