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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. 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. 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. 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. Multi-State Cooperative Societies Act, 2002 — Section 64(d) — Investment of funds by Multi-State Co-operative Society (MSCS) — Permitted investments are in subsidiary institutions or institutions in the same line of business — Amendment aimed at preventing misuse of funds and ensuring financial discipline — “Same line of business” requires substantial or predominant sameness in core business activities, determined by MSCS’s bye-laws — Not to be construed expansively.
I B C

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
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.
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.
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.
I B C
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.
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.
C P C
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.
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.
Arbitration
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.
Dowry Death

Dowry Death–A pregnant woman ordinarily would not commit suicide unless relationship with her husband comes to such a pass that she would be compelled to do so. Proof of document–A document in terms of Section 65 of Act is to be proved by a person who is acquainted with handwriting of author thereof. Dowry Death–Offence under Section 304B is not compoundable and only because marriage of accused had taken place, same by itself cannot be a ground for rejecting the prosecution story.

Oct 30, 2017 sclaw

 2008(1) LAW HERALD (SC) 117 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1021 of…

Cr P C Limitation

Cognizance–Taking of–Bar on–Limitation–Cruelty to wife–The court can invoke Section 473 Cr.P.C. and can take cognizance of an offence after expiry of the period of limitation keeping in view the nature of allegations, the time taken by the police in investigation and the fact that the offence of cruelty is a continuing offence and affects the society at large. Quashment–The High Court should not go into the merits and demerits of the allegations simply because the petitioner alleges malus animus against the author of the FIR or the complainant.

Oct 29, 2017 sclaw

2008(1) Law Herald (SC) 101 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice G.S. Singhvi Criminal Appeal No. 1708 of 2007…

Cheque Dishonour

Dishonour of Cheque–Cognizance of offence–Amendment of 2002 to operate retrospectively–Complaint filed in 1998–Insertion of proviso 142(b) by Amendment of 2002 would not be applicable. Dishonour of cheques– Clause (a) of the proviso to Section 138 does not put any embargo upon the payee to successively present a dishonoured cheque during the period of its validity–On each presentation of the cheque and its dishonour, a fresh right- and not a cause of action – accrues in his favour

Oct 29, 2017 sclaw

  2008(1) Law Herald (SC) 98 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Aftab Alam Appeal (crl.) 1704 of…

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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
I B C

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
C P C

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

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