Topic
Statutory enforcement in Indian law refers to the legal mechanisms used to implement orders or rights granted under specific statutes like SARFAESI, RERA, or the Payment of Gratuity Act.
The Andhra Pradesh High Court ruled that contempt proceedings are not maintainable for enforcing arbitration awards, as the Arbitration and Conciliation Act, 1996 provides exclusive remedies under Section 36. Parties must file execution petitions instead, clarifying the limits of contempt jurisdiction in arbitration disputes.
The Madhya Pradesh High Court has ordered the Ujjain Municipal Corporation to pay Rs.14.46 lakh gratuity to a widow, along with 15% compound interest, after the employer failed to execute a final order issued under the Payment of Gratuity Act. This ruling reinforces that statutory gratuity awards, once final, are enforceable as debts with compounded penalties for state delay - setting a critical precedent for legal heirs of deceased employees.
MP High Court rules that the Collector is legally bound to enforce RERA orders within 14 days under Section 40 of the Real Estate (Regulation and Development) Act, 2016. Failure to comply constitutes a breach of statutory duty, exposing authorities to writ petitions and mandamus. The ruling reinforces accountability in real estate regulatory enforcement for homebuyers and residents.
Chhattisgarh High Court holds that complainants under BIS Act qualify as victims under CrPC Section 2(wa), entitling them to appeal directly to Sessions Court under Section 372.
Madhya Pradesh High Court holds that state authorities are legally obligated to assist banks in recovering secured assets under SARFAESI Act, reinforcing procedural compliance.