LATEST JUDGMENTS -12-11-2021

There cannot be any prohibition in keeping pets in individual apartments — 2021 (6) KHC 221 : 2021 KHC OnLine 723 (DB)

Paddy Land Act – Circular dated 23/07/2021 restricting benefit of exemption upto 25 cents for applications submitted after cut off date of 25/02/2021 – Is not valid — 2021 (6) KHC 316 : 2021 KHC OnLine 725

UAPA – Stringent conditions for grant of bail in S.43D(5) will apply only to offences punishable under Chapters IV & VI — 2021 (6) KHC 228 : 2021 KHC OnLine 6659 (SC)

National Highways Act – CALA has no power to alter alignment — 2021 (6) KHC 326 : 2021 KHC OnLine 741

Cancellation of registration as an NBFC will not disable NBFC to execute a sale deed in pursuance of SARFAESI proceedings — 2021 (6) KHC 269 : 2021 KHC OnLine 717

Paddy Land Act – Merely for the reason that lands are lying low and are waterlogged, same cannot be included as paddy lands in data bank — 2021 (6) KHC 316 : 2021 KHC OnLine 725

An appeal will not lie to a Division Bench against an ad interim order passed in a writ petition — 2021 (6) KHC 279 : 2021 KHC OnLine 712 (DB)

Land leased by Government – Sale of certain extend of leasehold property – Amounts to breach of lease agreement — 2021 (6) KHC 295 : 2021 KHC OnLine 6424

BRC Act S.12 — Non payment of admitted arrears of rent – There is no necessity to alert tenant by issuing any specific notice calling upon him to show sufficient cause — 2021 (6) KHC 250 : 2021 KHC OnLine 721 (DB)

Provisions of KER which insists on production of TC for admission will give way to provisions of Right of Children to Compulsory Education Act for admission to a class appropriate to his or her age — 2021 (6) KHC 273 : 2021 KHC OnLine 718

UAPA Act — For consideration of grant of bail to a person accused of an offence under S.13, stringent provisions of S.43D(5) will not apply — 2021 (6) KHC 228 : 2021 KHC OnLine 6659 (SC)

When contents of deed was typed into stamp paper and when was not executed, refund can be applied for within six months — 2021 (6) KHC 333 : 2021 KHC OnLine 691

UAPA Act — Depending upon the gravity of offence committed under S.38 or S.39 and other relevant factors, accused can be let off even on fine — 2021 (6) KHC 228 : 2021 KHC OnLine 6659 (SC)

Paddy Land Act — Construction of another floor over already existing building – order under S.27A not required — 2021 (6) KHC 277 : 2021 KHC OnLine 719

Mere association with a terrorist organisation as a member or otherwise will not be sufficient to attract offence under S.38 of UAPA Act, unless association is with intention to further its activities — 2021 (6) KHC 228 : 2021 KHC OnLine 6659 (SC)

Service — When application for leave was submitted at a time when the amended provisions were not in force, unamended provisions as it stood prior to the amendment will apply — 2021 (6) KHC 285 : 2021 KHC OnLine 707 (DB)

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