Life Lessons In Transfer Of Property Act, 1882

The Transfer of Property Act, 1882 is one of the most important legislations in the field of private law in India. Besides formulating the general principles of transfer governing both movable and immovable property, it provides five ways of transferring a property (in most cases, immovable) through sale, mortgage, lease, exchange and gift. The law is particularly relevant in a country like India where property disputes constitute nearly sixty-six per cent of civil litigation.[1]Among all those...

Sabarimala Reference | Travancore Devaswom Board Disagrees With Nair Service Society's Argument On Articles 25(2)(b) & 26(b)

In the Sabarimala Reference hearing before the 9-judge bench of the Supreme Court, the Travancore Devaswom Board disagreed with the argument advanced by the Nair Service Society and certain temple organisations from Kerala that Article 26(b) of the Constitution was subject to 25(2)(b) of the Constitution.Article 25(2)(b) allows the State to enact law for social welfare and reform or the...

Delhi High Court To Examine How Transgender Persons' Names Should Appear In Educational, Official Records

The Delhi High Court is set to decide as to how the names of transgender persons are to be published in educational records maintained by the University of Delhi and the Central Board of Secondary Education (CBSE). A division bench of Justice Prathiba M. Singh and Justice Madhu Jain observed that the issue raised could have far-reaching implications beyond educational certificates, extending...

Magistrate Can't Mechanically Order FIR Against Public Servants Without Following S.223 BNSS Safeguards: Rajasthan High Court

The Rajasthan High Court has held that Magistrate cannot under Section 175(3) BNSS mechanically direct registration of FIR against public servants over acts committed in discharge of their official duties, without following the statutory safeguards provided under Section 223(2) BNSS. In doing so the court underscored that Section 223(2) is a substantive safeguard so that criminal law is not...

“Good Ground, But Not At This Stage”: Madras High Court Rejects Plea For Audio-Enabled VVPAT For Visually Impaired Voters Ahead Of TN Polls

The Madras High Court, on Wednesday (15 April) dismissed a public interest litigation seeking directions to the Election Commission of India to introduce audio-enabled Voter Verifiable Paper Audit Trail (VVPAT) for visually impaired voters in the upcoming Tamil Nadu assembly elections. While the bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan appreciated the...

First-Year Law Student Found Dead At NUJS Kolkata Campus

A first-year student of West Bengal National University of Juridical Sciences (NUJS), Kolkata, was found unresponsive on campus and was subsequently declared dead, according to a statement issued by the student body.The deceased, identified as Juven Joss Jebin, was “found unresponsive behind the Boys' Hostel on the Main Campus” and was “subsequently pronounced deceased by the...

[Tenancy Act] Landlord's Right To Terminate Tenancy For 'Bona Fide Personal Cultivation' Extinguishes Upon Sale Of Land: Bombay High Court

The Bombay High Court has held that a landlord's inherited right to terminate tenancy for bona fide personal cultivation extinguishes upon the sale of the land. The Court observed that once the land is sold, the requirement of personal cultivation ceases to exist, defeating the basis of such a claim. Justice Somasekhar Sundaresan was hearing writ petitions challenging a Maharashtra...

'Eviction Proceedings Cannot Be Continued Against Tenant Who Has Become Co-Owner Of Property': Bombay High Court

The Bombay High Court has held that eviction proceedings cannot be continued against a tenant who has subsequently become a co-owner of the property. The Court observed that once a tenant acquires ownership rights in the premises, even to the extent of a share, his status changes and eviction proceedings cannot be pursued against him.Justice Rajesh S. Patil was hearing a civil...

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Kerala Agriculture Income Tax | Amalgamating Company's Loss Can't Be Set-Off From Income Of Amalgamated Company : Supreme...

Kerala Agriculture Income Tax | Amalgamating Company's Loss Can't Be Set-Off From Income Of Amalgamated Company : Supreme Court

The Supreme Court has observed that a loss suffered by an amalgamating company cannot be set off against the income of an amalgamated company upon amalgamation unless permitted by a statute. A bench of Justice Rajesh Bindal and Justice Vijay Bishnoi dismissed a batch of appeals filed against the Kerala High Court's judgment, which declined the plea for setting off a loss of the...

S.94 BNSS | Husband Can Seek Wife's Employment Records To Oppose Maintenance Claim: Rajasthan High Court

Rajasthan High Court has held that a husband can seek his estranged wife's employment records under Section 94 BNSS in order to oppose her maintenance claim, reiterating Supreme Court's 2020 judgment which held that either of the parties may seek production of relevant documents from the other party. In doing so the court allowed a man's application under Section 94 BNSS before the trial...

Delhi High Court Imposes ₹20K Costs On NGO For Seeking Repeated Adjournments In Defamation Suit Against BBC Over PM Modi Documentary

The Delhi High Court on Wednesday imposed costs of Rs. 20,000 on a Gujarat-based NGO for seeking repeated adjournments in its defamation suit against British Broadcasting Corporation (BBC) over its documentary on Prime Minister Narendra Modi. Justice Mini Pushkarna fined NGO 'Justice On Trial', noting that despite final opportunity granted in December last year, the NGO sought an...