Author: Inder Jain

Soumya Bhattacharya v/s Sudhir Kumar Thakur & Ors. — Readability Version Introduction In a significant ruling emphasizing the consumer-friendly ethos of the Consumer Protection Act, 1986, the Delhi High Court has affirmed that any legal heir or representative of a deceased consumer can institute and maintain a consumer complaint on behalf of the deceased. This decision, delivered in the case of Soumya Bhattacharya v. Sudhir Kumar Thakur & Ors. in CM(M) 757/2022 & CM APPL. 33618/2022 decided recently on 18.09.2025, underscores the liberal interpretation of the Act’s provisions to ensure access to justice, particularly in cases involving medical negligence or…

Introduction The legal principle that no appeal lies against the rejection of a review petition stands as a cornerstone of Indian civil procedure, designed to uphold the sanctity of judicial finality and deter endless litigation. Rooted in the Code of Civil Procedure, 1908 (CPC), this doctrine prevents the abuse of court processes by ensuring that once a matter is decided, it cannot be indefinitely challenged through repetitive mechanisms. The Supreme Court of India has repeatedly reinforced this rule, emphasizing its role in maintaining judicial efficiency, preventing harassment of litigants, and promoting the public interest in concluding disputes. This principle not…

SARFAESI Act — Section 14 Possession after Sale (Vijay Prakash Bohra) Introduction The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) was enacted to empower banks and financial institutions to recover non-performing assets (NPAs) without court intervention. A key provision, Section 14, allows secured creditors to seek assistance from the District Magistrate (DM) or Chief Metropolitan Magistrate (CMM) to take physical possession of secured assets. This mechanism is crucial for enforcing security interests, particularly immovable properties. A significant legal question arises: can a secured creditor invoke Section 14 for physical possession even after…

Agricultural Land Exemption — Section 31(i) SARFAESI Act From the plain reading of Section 31(i) of SARFAESI Act, it transpires that Section 31 begins with a non-obstante clause exempting certain classes of properties from the coercive powers of the SARFAESI Act. Section 31(i) explicitly excludes “any security interest created in agricultural land”. The object is twofold: To protect agriculturists from losing their primary means of livelihood through summary enforcement of security interests. To discourage creditors from accepting agricultural land as a mortgage since recovery cannot be made under SARFAESI without judicial intervention. This provision is remedial in nature, highlighting that…

Post-Auction Settlements by Banks — Questions and Case Law It is very common knowledge that the Banks & Financial Corporations put immovable properties to Public Auctions in the case of defaulting borrowers but post auction sometimes engage in settlement with the defaulters. Is such an action of the Bank patently illegal? Does such an action of the bank put a question mark on the the very Integrity of the Banking Sector? The present Article deliberates on the questions posed and refers to the recent case laws in this regard. It would be trite to refer to a recent Apex Court…

In the context of India’s rapidly evolving socio-economic landscape, characterized by shifting family structures and escalating property values, the need for robust mechanisms to facilitate seamless asset succession has become imperative. This article examines the legal merits of mandating the registration of wills under the Indian Registration Act, 1908. Drawing on judicial precedents, empirical data on litigation, and comparative insights, it argues that compulsory registration would bolster the evidentiary value of wills, mitigate family disputes, expedite probate processes, and safeguard against fraud. While acknowledging potential implementation challenges, the article posits that such a reform aligns with principles of legal certainty and public policy, ultimately promoting judicial efficiency and societal harmony along with substantial reduction of judicial pendencies in Court. 

Scope of Review When Subsequent Judgments Overrule Earlier Ones This article deals with the ‘scope of review’ when a judgment and all other subsequent judgments, following the same are overruled by a superior Court. Introduction It is undisputed that the Supreme Court does not legislate laws but it Declares Law, on the basis of judicial interpretations, precedents & Constitutional mandates. When the Legislature legislates a new law or amends an existing law, the same may be prospective or retrospective as per the intent of the Legislature. But when the Supreme Court for the first time or overruling an earlier judgment…

It is very common that a friend or relative of a person who takes a loan from a bank/financial institution/NBFC becomes a guarantor to the loan. Sometimes, the loanee/principal borrower defaults in payment of the loan. Meanwhile, if the guarantor dies, a question arises whether the legal heirs of the guarantor are liable to repay the loan guaranteed by the deceased. In such cases, the legal heirs of the deceased guarantor often deny their liability to repay the loan, arguing that they are personally neither borrowers nor guarantors of the defaulted loan. However, the Courts in India have unanimously and…

Right to Appeal by Non-Parties – Legal Framework and Jurisprudence Introduction The right to appeal is a substantive legal right, but it is not unlimited. Generally, appeals are confined to parties to the original suit or proceeding. However, under certain circumstances, third parties or non-parties may be granted leave to appeal by a competent court. This article explores the contours of this principle, particularly in light of Supreme Court jurisprudence. General Rule: Only Aggrieved Parties May Appeal Ordinarily, the right to appeal is available to parties who are aggrieved by a decision. This is grounded in the principle that a…

It is common knowledge that firms and individuals take cash loans from family members. The Income Tax Department often invokes Section 269SS and thereafter imposes penalty under Section 271D of the Income Tax Act. It needs to be deliberated whether the actions of the Department in such cases are legally justifiable. There are two sections in the Income Tax Act which regulate large cash transactions so that black money can be curbed and transparency is maintained in transactions. Sections 269SS and 269T are important provisions of the Indian Income Tax Act. Their main purpose is to control cash transactions, curb…