A. Uttar Pradesh Municipalities Act, 1959, Sections 331 & 334—U.P. Regulation of Urban Premises Tenancy Act, 2021, Section 21—Demolition of dangerous building—Where a structure is officially declared dilapidated and unsafe, issuance of demolition notice is valid—Tenants are bound to vacate and cannot resist demolition—Public safety prevails (Paras 6, 9, 13, 16, 17). B. Statutory duty of Municipal Commissioner—Once a building is found unfit for human habitation and poses threat to life or property, the Municipal Commissioner is legally obligated to act—Authority extends to seeking police assistance for removal of occupants—Tenancy or ownership rights cannot obstruct statutory action (Paras 11, 12, 16). C. Tenants’ protection under Section 21 of 2021 Act—Right of reoccupa...

A. Hindu Succession Act, 1956—Section 14—Self-acquired Property of Female Hindu—Registered Sale Deed in Name of Mother—Held, property purchased through registered sale deed and recorded exclusively in name of female Hindu vests absolutely in her; plea of joint family property or contribution by sons not sustainable in absence of proof—Concurrent findings of courts below affirmed. [Paras 16–17] B. Protection of Women from Domestic Violence Act, 2005—Sections 17 & 19—Shared Household—Claim by Son and Daughter-in-law—Held, where suit property is self-acquired and exclusively owned by mother-in-law, same cannot be treated as “shared household” enabling son and daughter-in-law to claim right of residence against her wishes. [Paras 17–18] C. Code o...

A. Fraudulent Preference—Section 531: A lease or other transfer executed by the management of a company shortly before a winding-up petition, transferring valuable property for inadequate consideration within six months of proceedings, constitutes a fraudulent preference and is void ab initio. B. Void Transactions Against Liquidator—Section 531A: Transactions not in the ordinary course of business, not in good faith, and without valuable consideration, executed within one year before winding-up, are void against the liquidator. C. Distinction (Sections 531 & 531A): Section 531 renders the transaction void ab initio; Section 531A renders it void only against the liquidator. D. Custody of Property—Section 456(1) & (2): Upon a winding-up order, all properties and effects of the company vest in the Tribunal ...

Commercial Courts / Civil Procedure / Statutory Bars—Temporary Injunctions and Jurisdiction A. Under Section 13(1A) of the Commercial Courts Act, 2015, appellate courts considering challenges to temporary injunction orders must examine preliminary jurisdictional issues, including statutory bars under SARFAESI Act, RDB Act, and IBC, even if not explicitly raised by the parties. B. SARFAESI Act, 2002 (Section 34) bars civil courts from entertaining suits or granting injunctions affecting recovery actions, including prospective measures, as such matters fall within DRT jurisdiction. C. RDB Act, 1993 (Sections 17–18) vests exclusive jurisdiction in DRT for debt recovery; civil courts cannot entertain declaratory or defensive suits relating to debts recoverable under the Act. D. IBC, 2016 (Section 63) grants NCLT exclus...

A. Companies Act, 1956—Sections 108 & 629A—Transfer of Shares—Issue Estoppel: A complaint filed by the Registrar of Companies based on allegations already adjudicated in a prior private complaint by a shareholder is barred by the principle of issue estoppel—Re-litigation of matters conclusively decided in earlier proceedings is impermissible. B. CrPC, 1973—Section 482—Quashing of Proceedings—Where a complaint by the Registrar of Companies is based on the same facts as a previously dismissed private complaint, it is barred by issue estoppel—The High Court may exercise inherent powers to quash such proceedings to prevent abuse of process. C. Issue Estoppel—Application in Criminal Trials—The principle of issue estoppel applies in criminal trials, precluding re-litigation o...

A. Prevention of Money Laundering Act, 2002—Section 439 CrPC—Bail Application—Applicant arrested on 03.03.2025, not named in initial FIR/ECIR, only included in 7th Supplementary Prosecution Complaint; no prima facie allegations in NIA predicate offence proceedings—Delayed inclusion reflects absence of a prima facie case, supporting bail consideration. B. PMLA, 2002—Sections 3, 4 & 70—Money Laundering; "Proceeds of Crime"—Mere association with an organization or holding position is insufficient to establish personal involvement in money laundering—Property qualifies as “proceeds of crime” only if directly derived from criminal activity relating to a scheduled offence. C. PMLA, 2002—Section 66(2)—Disclosure to Concerned Agency—Disclosure of inf...

A. Arbitration and Conciliation Act, 1996—Section 37—Appeal Against Order Under Section 34; Scope of Interference—Appellate jurisdiction under Section 37 is narrow, limited to examining legality of the trial court’s findings under Section 34, and does not permit reassessment of the merits of the arbitral award. B. Arbitration and Conciliation Act, 1996—Sections 34 & 37—Limited Judicial Interference—Courts must respect the finality of arbitral awards and party autonomy—Re-appreciation of evidence, factual findings, or substituting the court’s view for that of the arbitrator is impermissible unless the award is patently illegal or contrary to public policy. C. Arbitration and Conciliation Act, 1996—Section 34—Grounds for Challenge—Interference is confined to s...

A. Family Court Act, 1984 / Domestic Violence Act, 2005—Conflicting Orders—Exceeding Jurisdiction: A Family Court order restraining the appellant from residing in the matrimonial home, despite an earlier protection order issued by the Judicial Magistrate, was held improper and set aside—The Family Court cannot act in a manner that effectively reviews or overrides a Magistrate’s order. B. Reconsideration of Interlocutory Orders—The Family Court was directed to reconsider the interlocutory application, taking into account all relevant factors, including subsequent orders from the Judicial Magistrate—Reconsideration is to be completed within a specified period, ensuring both parties are heard and due process is followed. ...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Inherent Jurisdiction of High Court; Quashing of Proceedings: The High Court may exercise its inherent powers to quash criminal proceedings where disputes between parties have been amicably settled, particularly in cases involving non-grave offences, and continuation of prosecution would not serve the ends of justice. B. IPC, 1860—Sections 420 & 34—Cheating and Criminal Conspiracy; Quashing of Proceedings: Where parties have genuinely resolved their disputes and the aggrieved party does not wish to continue prosecution, and no public interest is implicated, criminal proceedings can be quashed to secure justice. C. CrPC, 1973—Quashing of Proceedings; Settlement of Dispute: A bona fide and genuine settlement between parties, especially in offence...

A. Kerala High Court Act, 1958—Section 5(i)—Maintainability of Writ Appeal: A writ appeal against an interim order is maintainable if the order substantially affects rights or liabilities or causes prejudice, and not merely on procedural grounds. B. Constitution of India, 1950—Articles 226 & 227—Appealability: While jurisdiction under Article 226 differs from Article 227, orders passed under Article 226 can be challenged by way of writ appeal when the principal nature of the order affects rights substantially. C. SARFAESI Act, 2002—Sections 17 & 18—Alternative Remedy: Writ petitions under Article 226 should not be entertained where an effective statutory remedy, such as appeal to the Debt Recovery Appellate Tribunal (DRAT) with mandatory pre-deposit, is available. D. SARFAESI Act, 2002&...