Financial Institutions Should Not Repossess Hypothecated Vehicles by Force: Supreme Court

Posted inCode of Civil Procedure 1908 CPCNo Comments
In Hari Dutta Sharma v. State of UP [2026: INSC: 1040], the Supreme Court held that a financier's right to repossess a hypothecated vehicle cannot be exercised through force, deceit, or in violation of the loan agreement's terms. Instead, the recovery of loans and seizure of vehicles must be carried out through proper legal means.

An Advocate Can Sign and File an Appeal Suit Without the Client’s Signature

Posted inCode of Civil Procedure 1908 CPC
An advocate who conducted a civil suit in the trial court can validly sign and file a memorandum of appeal without obtaining the physical signature of the client, provided that the trial advocate continues to represent the client at the appellate stage under the Code of Civil Procedure (CPC), 1908. However, as a matter of prudence, it is always advisable to obtain the client’s signature to prevent unexpected defects or objections from the court’s registry.

Exhaust Alternate Remedies before DRT and DRAT under SARFAESI Prior to Filing Writ Petition

Posted inUncategorized
The Supreme Court has consistently held that High Courts should not entertain writ petitions under Article 226 of the Constitution when an efficacious statutory remedy is available under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) before the Debts Recovery Tribunal (DRT) and Debts Recovery Appellate Tribunal (DRAT).

Evicting a Tenant from a Private Tenanted Building for State’s Road Widening Project

Posted inCode of Civil Procedure 1908 CPC
To legally evict a tenant, who has secured a temporary injunction against a road-widening project, the landlord must follow a valid legal process to dismiss the injunction, evict the tenant and recover the property. A landlord cannot use force; they must file an application to vacate the injunction and initiate a formal eviction proceeding in tune with the state's compulsory acquisition requirement.

Intestate Succession to a Hindu Woman’s Property: When She Leaves Behind her Husband and a Son

Posted inProperty & Succession
When a Hindu woman dies without making a will (intestate), leaving behind her husband and children (sons and/or daughters, including the children of any predeceased child), her property devolves simultaneously and in equal shares among them under Section 15(1)(a) read with Section 16 of the Hindu Succession Act, 1956.

What a Third Party or Victim Can Do When a Local Body Secretary Delays Demolition of an Unauthorised Building

Posted inLocal Government Laws
The Tribunal for Local Self Government Institutions, Thiruvananthapuram, frequently disposes of appeals filed against demolition orders not on merits, but by setting aside the Secretary's order on purely technical or procedural grounds, such as absence of a provisional order or notice under Section 235W(1)/(2) of the Kerala Panchayat Raj Act, 1994, or the corresponding Section 406(1)/(2) of the Kerala Municipality Act, 1994) and remanding the matter for fresh consideration.

Administrative and Quasi-judicial Authorities Must Issue Speaking Orders to Reduce Arbitrariness

Posted inConstitutional law
The Supreme Court in Kranti Associates (P) Ltd. v. Masood Ahmed Khan [(2010) 9 SCC 496] laid down the most comprehensive and authoritative summary of the law on recording of reasons by administrative and quasi-judicial authorities. In para 51 of the judgment, the Court distilled the entire line of precedent into eleven guiding principles on why reasons must be recorded.

Kerala’s Tribunal for Local Self Government May Use Conditional Remands in Building Demolition Appeals

Posted inLocal Government Laws
When a local government receives a complaint or finds that a building owner has erected an unauthorised building in violation of the building permit and building rules, it often invokes its demolition power under Section 406 of the Kerala Municipality Act, 1994 — but does so in haste, without following the prescribed procedure such as mandatory provisional notice, personal hearing, and drafting it ignoring the basic principles of natural justice.