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“Although Section 127 of TPA permits an onerous gift but a gift which is conditioned upon perpetual rendering of services without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal but even unconstitutional, being violative of fundamental rights of the donees.”
Arbitration — Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 — Arbitral award — Validity of: Law explained on validity
In the matter at hand, the Court directed the tenant to deposit Rs.5,15,05,512/-, considering the location of the demised premises in the heart of Kolkata, the rent, the alleged non-payment of rent, the default in payment of interest, as alleged.
Insolvency and Bankruptcy Code, 2016 — Ss. 7 and 238-A — Limitation period for initiating CIRP: Documents reflecting acknowledgments of debts i.e.
by Ajit Warrier*
Cite as: 2024 SCC OnLine Blog Exp 18
by Abhishek Saini†
After applying the rule that all the contemporaneous documents are to be read together, to discern the true purport of the contract, Supreme Court said that the parties intended assignment of the debt, i.e., the rents payable.
by Govinda Asawa† and Pranay Agarwal††
Reported by Hemang Mankar
Arbitration and Conciliation Act, 1996 — S. 31(7)(a) — Award of interest: Principles clarified relating to validity of award of interest, when
Calcutta High Court remanded the eviction case to First Appellate Court on finding that the alleged construction was outside the tenancy property.
Criminal Law — Criminal Trial — Circumstantial Evidence — Generally: Principles reiterated relating to essential conditions that must be fulfilled before conviction
Supreme Court said that the entry of the appellant over part of the suit property is simply as a licencee of the respondent. He does not continue to occupy it in the capacity of the owner. Thus, the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it.
Madras High Court said that after divorce when the spouses have ceased to be husband and wife, proprietary right of both the spouses also get affected.
Supreme Court said that as per proviso to Section 49 of the Registration Act, 1908 an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance under Chapter-II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument, subject to Section 17(1A) of the Registration Act.