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Friday, March 20, 2026

ADVOCATEMMMOHAN: One World, But No Cry 🎵 By Muralimohan M.

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ADVOCATEMMMOHAN: One World, But No Cry 🎵 By Muralimohan M. : advocatemmmohan  One World, But No Cry 🎵 By Muralimohan M. Verse 1 In this wo...
Wednesday, March 11, 2026

ADVOCATEMMMOHAN: Electronic Evidence — Call Detail Records — Mandat...

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ADVOCATEMMMOHAN: Electronic Evidence — Call Detail Records — Mandat... : advocatemmmohan Criminal Law — Circumstantial Evidence — Requiremen...
Sunday, March 1, 2026

ADVOCATEMMMOHAN: Cognizance — No Pre-Cognizance Summons under Secti...Cognizance — No Pre-Cognizance Summons under Section 223 BNSS. (Para 36(E)) Magistrate need not issue summons under Section 223 BNSS before taking cognizance; NI Act is special statute governed by Section 142. Ratio Decidendi: Pre-cognizance notice to accused is not mandatory in Section 138 complaints. Methods of Service of Summons — Mandatory Multi-Modal Mechanism. (Paras 36(A), 36(B), 36(I)) Service shall not be confined to ordinary modes. It must include: Dasti service by complainant in addition to court process. Electronic service under BNSS rules (email, mobile, messaging platforms). Affidavit verifying accused’s contact particulars at filing stage. Affidavit of service to be filed; false affidavit invites legal consequences. Post-service matters to be listed before physical courts to promote settlement. Ratio Decidendi: Multi-modal, technology-enabled and complainant-assisted service of summons is mandatory to prevent procedural delay in Section 138 cases.

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ADVOCATEMMMOHAN: Cognizance — No Pre-Cognizance Summons under Secti... : advocatemmmohan Negotiable Instruments Act, 1881 — Chapter XVII — O...
Saturday, February 28, 2026

U.P. Zamindari Abolition and Land Reforms Act, 1950 — Section 123 — Regularisation of occupation by members of SC/ST — Deeming fiction — Effect on private title. (Paras 2, 4.4–4.6, 8–10) The dispute concerned Plot No. 2362, Shamli, Muzaffarnagar. The appellants purchased the land in 1984 and obtained a declaration under Section 143 converting its use from agricultural to abadi. The private respondents, members of Scheduled Caste/Scheduled Tribe community, were in occupation since 1976–1977 and had constructed houses prior to 30.06.1985. The Sub-Divisional Officer, acting under Section 123, directed recording of the occupants’ names. The High Court upheld the order, holding that Section 123(2) creates a statutory deeming fiction whereby land is deemed settled with eligible house-owners in possession as on 30.06.1985. Consent or lack thereof of the tenure-holder is immaterial. The Supreme Court affirmed that the purchase by the appellants was subject to the statutory rights available to occupants under Section 123. Ratio Decidendi: Where eligible persons belonging to SC/ST categories had constructed houses on land prior to 30.06.1985, Section 123 creates a statutory deeming settlement in their favour, and subsequent purchasers cannot defeat such statutory regularisation.

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U.P. Zamindari Abolition and Land Reforms Act, 1950 — Section 123 — Regularisation of occupation by members of SC/ST — Deeming fiction — Eff...

Insolvency and Bankruptcy Code, 2016 — Section 60(5) — Jurisdiction of NCLT — Challenge to attachment under Prohibition of Benami Property Transactions Act, 1988 — Maintainability. (Paras 16, 20–20.8, 26) The question was whether provisional attachment and confirmation orders passed under the Prohibition of Benami Property Transactions Act, 1988 (“Benami Act”) could be assailed before the NCLT/NCLAT by invoking Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (“IBC”). The Court held that the Benami Act is a complete and self-contained code with its own adjudicatory and appellate hierarchy. The NCLT, being a creature of statute under IBC, cannot sit in appeal over attachment or confiscation proceedings undertaken under a distinct public law enactment. Section 60(5) does not extend to reviewing sovereign actions undertaken under penal statutes. Permitting such adjudication would amount to elevating NCLT into a judicial review forum over statutory authorities under the Benami Act, which is impermissible. Ratio Decidendi: Orders of attachment and confiscation under the Benami Act cannot be challenged before NCLT/NCLAT under IBC; the exclusive remedy lies within the statutory framework of the Benami Act.

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Insolvency and Bankruptcy Code, 2016 — Section 60(5) — Jurisdiction of NCLT — Challenge to attachment under Prohibition of Benami Property T...