April 13, 2026 11:32 pm

Jurisdiction of Lokayukta – Correction of Revenue Records – Lokayukta cannot direct the correction of revenue records

Bysclaw

Dec 6, 2023

This content is restricted to site members. If you are an existing user, please log in. New users may register below.

By sclaw

Related Post

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

Categories

Archives

You missed

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