Landlord-tenant disputes under Transfer of Property Act are arbitrable: SC

Landlord-tenant disputes under Transfer of Property Act are arbitrable: SC The Supreme Court held that landlord-tenant disputes governed by the Transfer of Property Act (TP Act) are arbitrable (except when they are covered by a specific forum created by rent control laws) as they are not actions in rem but pertain to subordinate rights in personam that arise from…

RBI ban on financial services to Cryptocurrency dealers set aside on grounds of proportionality: SC

  The Supreme Court recognized that Reserve Bank of India (RBI) has the power to regulate the monetary and credit system, which also extends to the regulation of virtual or cryptocurrencies. The Court, however, held that the RBI circular of April 2018, which completely banned regulated financial institutions from providing services to crypto businesses, is…

The Doctrine of Basic Structure as Opined in Kesavananda Bharti Case

  Introduction The Heart and Soul of Democratic India are its  Constitution. According to the Constitution, Parliament, and the state legislatures in India have the power to make laws within their respective jurisdictions. This power is not absolute in nature. The Constitution vests in the judiciary, the power to adjudicate upon the constitutional validity of…

Contingent Clause In Rent Deed To Increase Rent Each Year Cannot Be Read To Mean That Tenancy Was For More Than One Year Period: SUPREME COURT

The Supreme Court in Civil Appeal No. 2617 of 2020 [arising out of SLP (C) No. 9866 of 2019 titled Siri Chand (Deceased) through LRs v/s Surinder Singh noted that as per Section 17 (1)(d) of the Registration Act, 1908 leases of immovable property from year to year, or for any term exceeding one year,…

Contract Is Void If Prohibited By Statute Under A Penalty Even If It Does Not Expressly Declare It Void: Supreme Court

  In Asha John Divianathan Vs Vikram Malhotra & Ors., CIVIL APPEAL NO. 9546 OF 2010, a three-member bench of Supreme Court of India comprising of Justices AM Khanwilkar, Indu Malhotra, and Ajay Rastogi while dealing with Section 31 of the   Foreign   Exchange   Regulation   Act,   1973 decided upon as to whether a transaction (specified in…

interest to be paid on delayed payment of salary and pension

Salaries & Pensions are rightful entitlements of Government Employees – Appropriate Interest must be paid for Delayed Payment: Supreme Court

The Supreme Court observed that salaries and pensions are rightful entitlements of Government employees and the Government which has delayed the payment should be directed to pay interest at an appropriate rate. The Supreme Court bench comprising justices D Y Chandrachud and M R Shah added “Salaries are due to the employees of the State…

Accident information reports to process compensation claims should reach tribunals, insurers in 48 hours: SC  

  The Supreme Court has directed police stations to send accident information reports to Motor Accident Claims Tribunals ( MACT) and insurers within 48 hours of the road mishap.   “The jurisdictional police station shall report the accident under Section 158(6) of the Motor Vehicle Act (Section 159 post-2019 amendment) to the tribunal and insurer…