Important provisions of The Indian Arbitration Act 1996 as amended up to the year 2020

 2. Definitions.—(1) In this Part, unless the context otherwise requires,—

(c) “arbitral award” includes an interim award;

[(e) “Court” means—

(i) in the case of an arbitration other than international commercial arbitration, the principal civil court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject matter of the arbitration if the same had been the subject matter of a suit, but does not include any civil court of a grade inferior to such principal civil court, or any Court of Small Causes;

(ii) in the case of international commercial arbitration, the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject matter of the arbitration if the same had been the subject matter of a suit, and in other cases, a High Court having jurisdiction to hear appeals from decrees of courts subordinate to that High Court;]

(f) “international commercial arbitration” means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is—

(i) an individual who is a national of, or habitually resident in, any country other than India; or

(ii) a body corporate which is incorporated in any country other than India; or

(iii) 5[* * *] an association or a body of individuals whose central management and control is exercised in any country other than India; or

(iv) the Government of a foreign country;

(2) Scope.—This Part shall apply where the place of arbitration is in India.

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What is difference between probate and letter of administration?

A Grant of Probate is only issued to named Executors of the Will while Letters of Administration are issued to the persons entitled under the rules of intestacy if the deceased died without a Will.

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Supreme court: Five basic principles for grant of relief of specific performance of contract

It is a settled principle of law that the grant of relief of specific performance is a discretionary and equitable relief. The material questions, which are required to be gone into for grant of the relief of specific performance, are First, whether there exists a valid and concluded contract between the parties for sale/purchase of the suit property; Second, whether the Plaintiff has been ready and willing to perform his part of contract and whether he is still ready and willing to perform his part as mentioned in the contract; Third, whether the Plaintiff has, in fact, performed his part of the contract and, if so, how and to what extent and in what manner he has performed and whether such performance was in conformity with the terms of the contract; Fourth, whether it will be equitable to grant the relief of specific performance to the Plaintiff against the Defendant in relation to suit property or it will cause any kind of hardship to the Defendant and, if so, how and in what manner and the extent if such relief is eventually granted to the Plaintiff; and lastly, whether the Plaintiff is entitled for grant of any other alternative relief, namely, refund of earnest money etc. and, if so, on what grounds.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 4453 of 2009

Decided On: 07.01.2019

 Kamal Kumar Vs.  Premlata Joshi and Ors.

Hon'ble Judges/Coram:

Abhay Manohar Sapre and Indu Malhotra, JJ.

Citation: 2019(5) MHLJ 499

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Important provisions of Motor vehicles Act regarding grant of compensation on account of motor accidents

161. Special provisions as to compensation in case of hit and run motor accident.—(1) Notwithstanding anything contained in any other law for the time being in force or any instrument having the force of law, the Central Government shall provide for paying in accordance with the provisions of this Act and the scheme made under sub-section (3), compensation in respect of the death of, or grievous hurt to, persons resulting from hit and run motor accidents.

(2) Subject to the provisions of this Act and the scheme made under sub-section (3), there shall be paid as compensation,—

(a) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of two lakh rupees or such higher amount as may be prescribed by the Central Government;

(b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of fifty thousand rupees or such higher amount as may be prescribed by the Central Government.

(Came into force from 1-4-2022)

163. Refund in certain cases of compensation paid under Section 161.—(1) The payment of compensation in respect of the death of, or grievous hurt to, any person under Section 161 shall be subject to the condition that if any compensation (hereafter in this sub-section referred to as the other compensation) or other amount in lieu of or by way of satisfaction of a claim for compensation is awarded or paid in respect of such death or grievous hurt under any other provision of this Act or any other law for the time being in force or otherwise, so much of the other compensation or other amount aforesaid as is equal to the compensation paid under Section 161, shall be refunded to the insurer.

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Important provisions on Domestic violence Act

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;

(e) “domestic incident report” means a report made in the prescribed form on receipt of a complaint of domestic violence from an aggrieved person;

(f) “domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;

(q) “respondent” means any 2[adult male] person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:

3[Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against the relative of the husband or the male partner];

^2. Deleted vide Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165.

^3. Deleted vide Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165.

Read important judgments on domestic violence Act: 
Click here

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Changes brought about Motor vehicles Amendment Act 2018

• The Motor Vehicles (Amendment) Bill, 2019 was introduced in Lok Sabha on July 15, 2019 by the Minister for Road Transport and Highways, Mr. Nitin Gadkari. The Bill seeks to amend the Motor Vehicles Act, 1988 to provide for road safety.  The Act provides for grant of licenses and permits related to motor vehicles, standards for motor vehicles, and penalties for violation of these provisions.
   
• Compensation for road accident victims: The central government will develop a scheme for cashless treatment of road accident victims during golden hour.  The Bill defines golden hour as the time period of up to one hour following a traumatic injury, during which the likelihood of preventing death through prompt medical care is the highest.  The central government may also make a scheme for providing interim relief to claimants seeking compensation under third party insurance.  The Bill increases the minimum compensation for hit and run cases as follows: (i) in case of death, from Rs 25,000 to two lakh rupees, and (ii) in case of grievous injury, from Rs 12,500 to Rs 50,000.

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Whether Criminal court can impound insufficiently stamped document?

 As discussed above, Section 33(2) proviso (a) and Section 35(d) of the Indian Stamp Act are made clear only for limited purpose of deciding the matters under Chapters IX and X of Cr.P.C. In other matters, the Court need not exercise discretion to impound the document and a Magistrate or a Judge of a criminal Court is not required to examine any instrument produced before him or come before him for the purpose of ascertaining whether or not instrument is properly stamped and not required to impound the same, if the same is found properly stamped, if such Magistrate or Judge of criminal Court does not think fit to do so. However, this exception is not applicable to Chapters IX and X of Cr.P.C., 1973. Thus exception created under proviso (a) is purely discretion of the Magistrate or Judge of a criminal Court. It is a settled law that whenever discretion is vested with the Court, it has to be exercised judiciously.

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD 

Crl. P. No. 10057 of 2016

Decided On: 19.01.2017

 Preetesh Kumar Vs.  State of Telangana and Ors.

Hon'ble Judges/Coram:

M. Satyanarayana Murthy, J.

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Leading Supreme Court Judgment on use of title acquired by Adverse possession as sword

 We hold that a person in possession cannot be ousted by another
person except by due procedure of law and once 12 years' period of

adverse possession is over, even owner's right to eject him is lost and
the possessory owner acquires right, title and interest possessed by
the outgoing person/owner as the case may be against whom he has
prescribed. In our opinion, consequence is that once the right, title or
interest is acquired it can be used as a sword by the plaintiff as well as
a shield by the defendant within ken of Article 65 of the Act and any
person who has perfected title by way of adverse possession, can file a
suit for restoration of possession in case of dispossession.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7764 OF 2014

RAVINDER KAUR GREWAL  Vs MANJIT KAUR 

ARUN MISHRA, J.
Dated:August 07, 2019.
Citation: AIR 2019 SC 3827,2019(6) MHLJ 87,(2019) 8 SCC 729

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Income limit for getting free legal aid is increased in Maharashtra

https://drive.google.com/file/d/18rDFxhEYweD6H8aX2k6wvwPNDRTFEJzf/view?usp=sharing

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Whether government is liable to pay stamp duty on documents executed in its behalf?

Section 3 in The Indian Stamp Act, 1899

3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions contained in Schedule I, the following instruments shall be chargeable with duty of the amount indicated in that Schedule as the proper duty therefore, respectively, that is to say—

(a) every instrument mentioned in that Schedule which, not having been previously executed by any person, is executed in ²⁰ [India] on or after the first day of July, 1899;

(b) every bill of exchange ²¹ [payable otherwise than on demand] ²² [***] or promissory note drawn or made out of ²⁰ [India] on or after that day and accepted or paid, or presented for acceptance or payment, or endorsed, transferred or otherwise negotiated, in ²⁰ [India]; and

(c) every instrument (other than a bill exchange ²² [***] or promissory note) mentioned in that Schedule, which, not having been previously executed by any person, is executed out of ²⁰ [India] on or after that day relates to any property situate, or to any matter or thing done or to be done, in ²⁰[India] and is received in ²⁰ [India]: Provided that no duty shall be chargeable in respect of—

(1) any instrument executed by, or on behalf of, or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument;

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Criteria for grant of free legal aid under legal services authorities Act

Chapter IV

ENTITLEMENT TO LEGAL SERVICES

12. Criteria for giving legal services.—Every person who has to file or defend a case shall be entitled to legal services under this Act if that person is—

(a) a member of a Scheduled Caste or Scheduled Tribe;

(b) a victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution;

(c) a woman or a child;

18[(d) a person with disability as defined in clause (i) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995;]

(e) a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or

(f) an industrial workman; or

(g) in custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956), or in a juvenile home within the meaning of clause (j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986), or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987 (14 of 1987); or

19[(h) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.]

13. Entitlement for legal services.—(1) Persons who satisfy all or any of the criteria specified in Section 12 shall be entitled to receive legal services provided that the concerned Authority is satisfied that such person has a prima facie case to prosecute or to defend.

(2) An affidavit made by a person as to his income may be regarded as sufficient for making him eligible to the entitlement of legal services under this Act unless the concerned Authority has reason to disbelieve such affidavit.

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Whether proceeding before Lok adalat is judicial proceeding?

The Legal Services Authorities Act, 1987

22. Powers of 1 [Lok Adalat or Permanent Lok Adalat.]—(1) The 1 [Lok Adalat or Permanent Lok Adalat] shall, for the purposes of holding any determination under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:—

---

(a) the summoning and enforcing the attendance of any witness and examining him on oath;

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(b) the discovery and production of any document;

---

(c) the reception of evidence on affidavits;

---

(d) the requisitioning of any public record or document or copy of such record or document from any court or office; and

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(e) such other matters as may be prescribed.

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(2) Without prejudice to the generality of the powers contained in sub-section (1), every 1 [Lok Adalat or Permanent Lok Adalat] shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it.

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(3) All proceedings before a 1 [Lok Adalat or Permanent Lok Adalat] shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860) and every 1 [Lok Adalat or Permanent Lok Adalat] shall be deemed to be a Civil Court for the purpose of section195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

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Provisions of Sarfaesi Act is not applicable in following cases

31. Provisions of Sarfaesi Act not to apply in certain cases.—The provisions of this Act shall not apply to—

(a) a lien on any goods, money or security given by or under the Indian Contract Act, 1872 (9 of 1872) or the Sale of Goods Act, 1930 (3 of 1930) or any other law for the time being in force;

(b) a pledge of movables within the meaning of Section 172 of the Indian Contract Act, 1872 (9 of 1872);

(c) creation of any security in any aircraft as defined in clause (1) of Section 2 of the Aircraft Act, 1934 (24 of 1934);

(d) creation of security interest in any vessel as defined in clause (55) of Section 3 of the Merchant Shipping Act, 1958 (44 of 1958);

(e) 183[* * *]

(f) any rights of unpaid seller under Section 47 of the Sale of Goods Act, 1930 (3 of 1930);

(g) 184[any properties not liable to attachment (excluding the properties specifically charged with the debt recoverable under this Act)] or sale under the first proviso to sub-section (1) of Section 60 of the Code of Civil Procedure, 1908 (5 of 1908);

(h) any security interest for securing repayment of any financial asset not exceeding one lakh rupees;

(i) any security interest created in agricultural land;

(j) any case in which the amount due is less than twenty per cent of the principal amount and interest thereon.

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Leading Supreme Court Judgments on Domestic violence

1)Whether complaint under domestic violence Act can be filed against female relative of husband?

https://www.lawweb.in/2019/07/whether-complaint-under-domestic.html

2)Supreme Court has deprecated practice of impleading of all and sundry in domestic violence Act

https://www.lawweb.in/2019/07/supreme-court-has-deprecated-practice.html

3)Whether live in partner can seek maintenance under domestic violence Act?

https://www.lawweb.in/2019/07/whether-live-in-partner-can-seek.html

4)Whether brother in law can be directed to pay maintenance to widow? 

https://www.lawweb.in/2019/07/whether-brother-in-law-can-be-directed.html

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Supreme Court: Difference between Article 64 and Article 65 of Limitation Act

Both articles 64 and 65 are rules of limitation, the only difference being that in the former the onus lies on the plaintiff to prove his dispossession within 12 years while in the latter it is for the defendant to prove when his possession became adverse.

Article 64 of the Limitation Act, 1963 (Article 142 of the Limitation Act, 1908) is restricted to suits for possession on dispossession or discontinuance of possession. In order to bring a suit within the purview of that article, it must be shown that the suit is in terms as well as in substance based on the allegation of the plaintiff having been in possession and having subsequently lost the possession either by dispossession or by discontinuance. Article 65 of the Limitation Act, 1963 (Article 144 of the Limitation Act, 1908) on the other hand is a residuary article applying to suits for possession not otherwise provided for. Suits based on plaintiffs' title in which there is no allegation of prior possession and subsequent dispossession alone can fall within article 65. The question whether the article of limitation applicable to a particular suit is article 64 or article 65 has to be decided by reference to pleadings. The plaintiff cannot invoke article 65 by suppressing material facts. 

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 5864 of 1999

Decided On: 10.08.2004

Ramiah Vs. N. Narayana Reddy (Dead) by Lrs.

Hon'ble Judges/Coram:

Ashok Bhan and S.H. Kapadia, JJ.

Citation: 2004 AIR SCW 4695

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Supreme Court: Procedure to be followed by court for impounding of insufficiently stamped document

 It is clear from the first sub-section extracted above that the court has a power to admit the document in evidence if the party producing the same would pay the stamp duty together with a penalty amounting to ten times the deficiency of the stamp duty. When the court chooses to admit the document on compliance of such condition the court need forward only a copy of the document to the Collector, together with the amount collected from the party for taking adjudicatory steps. But if the party refuses to pay the amount aforesaid the Collector has no other option except to impound the document and forward the same to the Collector. On receipt of the document through either of the said avenues the Collector has to adjudicate on the question of the deficiency of the stamp duty. If the Collector is of the opinion that such instrument is chargeable with duty and is not duly stamped "he shall require the payment of the proper duty or the amount required to make up the same together with a penalty of an amount not exceeding ten times the amount of the proper duty or of the deficient portion thereof."

13. In the present case, an argument is raised that the instrument is not actually an agreement of sale as envisaged in the Schedule to the Stamp Act (subject to amendment made by the State of Andhra Pradesh) but it is only a deed of compromise entered into by two disputing persons. We refrain from expressing any opinion on the said plea as it is open to the parties to raise their contentions regarding the nature of the document before the trial court. In the present case the trial court should have asked the appellant, if it finds that the instrument is insufficiently stamped, as to whether he would remit the deficient portion of the stamp duty together with a penalty amounting to ten times the deficiency. If the appellant agrees to remit the said amount the court has to proceed with the trial after admitting the document in evidence. In the meanwhile, the court has to forward a copy of the document to the Collector for the purpose of adjudicating on the question of deficiency of the stamp duty as provided in Section 40(1)(b) of the Act. Only if the appellant is unwilling to remit the amount the court is to forward the original of the document itself to the Collector for the purpose of adjudicating on the question of deficiency of the stamp duty. The penalty of ten times indicated therein is the upper limit and the collector shall take into account all factors concerned in deciding as to what should be the proper amount of penalty to be imposed.

IN THE SUPREME COURT OF INDIA

Appeal (civil) 1800 of 2001

Decided On: 14.03.2001

Chilakuri Gangulappa vs. Revenue Divisional Officer, Madanpalle and Ors.

Hon'ble Judges/Coram:

K.T. Thomas and R.P. Sethi, Advs.

Citation: 2001 (4) SCC 197

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Bombay HC: Procedure to be followed by civil court in complaint U/S 340 of CRPC relating to perjury in civil suit

The section thus says that the court should be of opinion
that an enquiry should be held. Even for forming an opinion, there
should be some evidence and not mere surmises. If there is a prima

facie evidence, the court must enter into an enquiry and record a
finding as to whether an offence referred to in Section 195 of Code of
Criminal Procedure is committed. It was, therefore, not proper on
part of Judges of the lower courts to have rejected the application.
The learned Civil Judge should have, in fact, upon consideration of
the application, decided whether it was necessary to hold the enquiry
and if found necessary should have held an enquiry. Merely because
civil suit was pending, that did not prevent and could not prevent the
Civil Judge from entering into an enquiry. I would, therefore, set
aside both the orders and direct the civil judge to register Exh.52 as
Miscellaneous Judicial Case and then proceed to decide the
application according to the provisions contained in Section 340 of
Code of Criminal Procedure. Pendency of this application shall not be
and cannot be a constraint on the Civil Judge in deciding the Civil suit
on merits. The civil judge may proceed to decide the suit and may
also proceed to decide the application under Section 340 of Code of
Criminal Procedure separately. The application under Section 482 of
Code of Criminal procedure is thus disposed of in the above terms.

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION No.1115/07.

Kenneth Desa s/o Late John Desa, V  Gopal s/o Leeladhar Narang,

CORAM: C.L.PANGARKAR,J.
DATE : 11th July, 2007.
Citation: 2007 ALLMR (CRI)2281

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QUESTIONS AND ANSWERS FOR JUDICIAL SERVICE(specific performance of contract)

Que.No. 1:-Whether it is permissible to amend agreement of sale
in suit for specific performance of contract ?
Ans:- As per sec.26 (3) of specific relief Act,agreement of sale    in suit for
Specific performance can be amended.
Puranram ...Vs... Bhaguram 2008(4) MHLJ SC 8011.

Que.No. 2:-Whether revenue authorities under tenancy law can
grant injunction ?
Ans:- No.

Que.No. 3:-What precaution are to be taken for passing order of
status quo. ?
Ans:- Status quo order should not be passed in doubtful
circumstances.  There should be specific finding
about the person who is in possession of suit
property.

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Maharashtra Amendment to the Registration Act is implemented 1st April 2013

Through a circular dated 7 March 2013, the Maharashtra Government has implemented the provisions of Registration (Maharashtra Amendment) Act, 2010 (“Act“). The Act has been made applicable on and from 1 April 2013.
The Act brings in major changes to the Registration Act, 1908 (“Registration Act“)http://www.lawweb.in/2012/09/registration-maharashtra-amendment-act.html as applicable to the State of Maharashtra.
Few of the changes brought in by the Act are discussed below.
The Act has added certain documents which are now compulsorily registrable in Maharashtra:
(a)     Agreement relating to the deposit of title deeds, where such deposit has been made by way of security for the repayment of a loan or an existing or future debt;
(b)     Sale certificate issued by any competent officer or authority under any recovery act; and
(c)     Irrevocable power of attorney relating to transfer of immovable property in any way, executed on or after the commencement of the Act.

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