Refusal to register a document

Refusal to register a document under the Registration Act, has to be as per the Act

AIR 2011 AP 101
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Tender condition

AIR 2011 SC 2194
AIR 2011 Ori 112

Tender condition liable to be struck down if irrational and arbitrary.
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Impossibility of performance

AIR 2011 SC 1989

Law excuses when performance is impossible.
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Breach of policy condition

Even if there is a breach of policy condition, insurance company is liable to satisfy decree at first instance. It can later recover compensation amount from owner and/or driver of offending vehicle.
AIR 2011 Raj 104
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DRT has no power to condone delay

AIR 2011 MP 205
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Stay of SARFAESI proceedings

No civil court or consumer forum can stay the proceedings under SARFAESI. AIR 2011 Ori 164
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Subsequent addendum to justification/reasons of order - not permitted

Commissioner of Police v. Gordhan Das Bhanji, AIR 1952 SC 16, the Supreme Court has held as under :

"We are clear that the pubic orders publicly made in exercise of statutory authority cannot be construed in the light of explanation subsequently given by the officer making the order of what he meant or of what was in his mind or what he intended to do. Public orders made by the public authorities agreement to have public effect and are intended to effect the acting's and conduct of those to whom they are addressed and must be construed objectively with reference to the language used in the order Itself.

when law requires something to be done in a particular way it must be done in that way or not at all

Nazir Ahmad v. King Emperor, AIR 1936 PC 253. Crates on Statute .Law, 6th Edition P. 263 states the same principle In the following language :

"If the requirements of a statute which prescribe the manner in which something Is to be done are expressed in negative language, that is to say, If the statute enacts that it shall be done in such a manner or in no other manner. It has been laid down that those requirements are in all cases absolute, and that neglect to attend to them will Invalidate the whole proceedings."

In A. K. Roy v. State of Punjab, AIR 1986 SC 2160, the Supreme Court was called upon to construe the provisions of Section 20(1) of the Prevention of Food Adulteration Act, 1954, which Inhibited institution of any prosecution for an offence under the Act not being an offence under" Section 14 or Section 14A, "except by or with the written consent of the Central Government or the State Government or the person authorised in this behalf by general or special order by the Central Government or the State Government" The Supreme Court held as under :

"Where a power is given to do a certain thing in a certain way the thing must be done in that way or not at all. Other modes of performance are necessarily forbidden. The Intention of the Legislature in enacting Section 20(1) was to confer a power on the authorities specified therein which power had public exercise in the manner provided and not otherwise."

Journalist qualified privilege - not to disclose source

AIR 1987 Bom 339 - Javed Akhtar
68 (1997) DLT 259 - re, the pioneer

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No lease when document not signed

AIR 2011 NOC 337 (All)
WP (civil misc) 3707 of 1996
Ram Shankar Trivedi v. Commissioner
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Merit cannot be disregarded merely on technical grounds

AIR 2011 P&H 159

Merit cannot be disregarded merely on technical grounds
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Stamp Act, 1899 - Stamp Duty on Gift

Market value is not relevant in in assessment of stamp duty of the gifted property. Disclosure of value of property in gift deed is sufficient for purpose of payment of stamp duty. AIR 2011 All 135 (Sumit Gupta v. State of UP)

Specific Performance and arbitration

Specific performance can be sought and granted in arbitration. AIR 1999 SC 2102
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Section 8 Arbitration - objection

Opposing an application for interim relief is not a waiver of right to insist on arbitration.

Rashtriya Ispat Nigam v. Verma Transport (2006) 7 SCC 275
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