Topic
Statutory rights in Indian law refer to entitlements explicitly granted by legislation, such as bail, compensation, or pensions, that cannot be denied without legal justification.
An unregistered firm in occupation as a licensee on 1 Feb 1973 can claim statutory tenancy under Section 15-A of the Bombay Rent Control Act, despite non-registration under the Partnership Act. It shields such licences from losing rent-control protection.
The ITAT Mumbai has affirmed that taxpayers acquiring capital assets before April 1, 2001, have a statutory right to use the fair market value as of that date for indexation, regardless of whether the valuation report is submitted after the assessment is completed. This clarifies procedural flexibility for legacy asset holders and reinforces the intent of Section 55(2)(b) to prevent unfair taxation on pre-reform holdings.
The Allahabad High Court ruled that an accused is statutorily entitled to bail if the trial remains unconcluded beyond 60 days from the first date fixed for taking evidence, reinforcing the right to liberty under CrPC Section 437(6). This holding mandates judicial compliance with statutory timelines, ensuring procedural fairness for undertrial prisoners.
The Madhya Pradesh High Court ruled that landowners are entitled to the reversion of acquired land under Section 48 of the Land Acquisition Act, 1894, if the land remains unused after project completion. This decision reinforces landowners' statutory rights and imposes a duty on authorities to act within a stipulated timeframe, failing which the land must be returned.
MP High Court rules that provisional pension under amended Rule 64 of the M.P. Civil Services Pension Rules, 1976, must be granted immediately, irrespective of ongoing departmental or judicial proceedings. The judgment reinforces a statutory right, preventing administrative delays in pension disbursal for retired government servants.
The Uttarakhand High Court ruled that administrative discretion cannot override a statutory right to compassionate appointment under Regulation 91, even if the applicant is overqualified. The court directed reconsideration of the petitioner’s claim, emphasizing that willingness to accept any available post must prevail over institutional convenience.
Madras High Court holds that Section 28A of the Land Acquisition Act, 1894 entitles landowners to seek parity in compensation when others in similar circumstances receive higher awards.
Madhya Pradesh High Court holds that default bail under Section 187(3) BNSS cannot be denied due to unverified clerical entries; burden lies on prosecution to prove actual filing of charge sheet.