LITTLITT Legal terms, demystified. LITT explains the law in plain English. Try LITT free
Def. Lex-O-Pedia
How Can a Third Party Resist a Liquidator's Section 335 Examination in Singapore?
Section 335(3) of the IRDA lets the court compel third parties, including a bankrupt's relatives, to be examined and produce documents. How the two-stage Celestial test works, why oral examination is more vulnerable than document production, and the real limits, fishing expeditions, oppression and p
Read full entry →
Def. Lex-O-Pedia
When Can a Party Resist Contempt for Disobeying an Arbitral Tribunal Under Section 27(5)?
Section 27(5) of the Arbitration and Conciliation Act, 1996 lets a court punish contempt of an arbitral tribunal, but only on the tribunal's representation and only for wilful default. The defences a respondent can raise, from procedural prerequisites to strict construction and natural justice.
Read full entry →
Def. Lex-O-Pedia
When Does Land Acquisition Lapse Under Section 24(2) of the 2013 LARR Act?
After the Constitution Bench in Indore Development Authority, deemed lapse under Section 24(2) requires both non-possession and non-payment. This explains the doctrine, its limits, and the surviving grounds of challenge.
Read full entry →
Def. Lex-O-Pedia
Can a Co-Owner Force the Sale of Jointly Owned Property in Singapore?
A co-owner of land in Singapore can apply for a court-ordered sale in lieu of partition where it is necessary or expedient. How the "necessary or expedient" test works, what happens when a co-owner is deceased with an unadministered estate or lacks mental capacity, and why an uncooperative co-owner
Read full entry →
Def. Lex-O-Pedia
When Will a Court Cancel a Sale Deed?
Sections 31 to 33 of the Specific Relief Act let courts cancel void or voidable sale deeds. The recognised grounds, the void-voidable divide, the three-year limitation rule, burden of proof, and when refund of consideration is ordered.
Read full entry →
Def. Lex-O-Pedia
What Are the Rights of an Arrested Person, and When Does an Illegal Arrest Entitle the Victim to Compensation?
Article 22(1) and Section 47 BNSS (formerly Section 50 CrPC) oblige the police to communicate grounds of arrest and permit family notification. Joginder Kumar, D.K. Basu and Nilabati Behera make breaches punishable and compensable: the State is strictly liable, with no sovereign immunity.
Read full entry →
Def. Lex-O-Pedia
Is a "Right to Use" Agreement Really Different from a Sub-Lease of Immovable Property?
Parties often style long-term occupation arrangements as "Right to Use" agreements to avoid the consequences of a sub-lease. Whether that label holds depends on substance: exclusive possession, registration, GST, TDS and the covenants in the head lease.
Read full entry →
Def. Lex-O-Pedia
Can a Patient Enforce the Right to Health When an Empanelled Hospital Denies Scheme Treatment?
A valid PMJAY or state health-scheme card is a constitutional promise, not charity. The Article 21, Article 14 and writ-law grounds on which beneficiaries can challenge denial of covered, life-saving treatment by empanelled hospitals and scheme authorities.
Read full entry →
Def. Lex-O-Pedia
Do Revenue-Sharing and Income-Assignment Structures on Leasehold Property Survive Tax Scrutiny?
A lessee lets a company operate from leased premises for a revenue share, then assigns the income to a partnership firm. Each step is lawful in isolation; together they invite recharacterisation as application of income, TDS disputes, GST mismatches and GAAR scrutiny.
Read full entry →
Def. Lex-O-Pedia
What Is the Legal Framework for Residential Rental Agreements in India?
A residential rental agreement in India is governed by the Transfer of Property Act 1882 and must satisfy registration and stamp duty law, with the Model Tenancy Act 2021 setting the emerging best practice. How the lease-versus-licence choice, the one-year registration line and state stamp rates fit
Read full entry →
Def. Lex-O-Pedia
Does a Company That Trades Only Its Own Capital Need to Register as an NBFC?
A private company trading purely on its shareholders' capital, with no public deposits and no customers, is not forced to register as an NBFC merely because its paid-up capital crosses Rs 10 crore. The determinant is the 50-50 principal business test.
Read full entry →
Def. Lex-O-Pedia
When Can a Pollution Control Board Order the Closure of an Industry?
Sections 31A of the Air Act and 33A of the Water Act let pollution control boards order an industry's closure, but only after a reasoned show-cause notice, a fair hearing and facility-specific evidence. How closure directions, environmental compensation and the appeal routes actually work.
Read full entry →
Def. Lex-O-Pedia
Is a Pathological Arbitration Clause Fatal, and Does "No Discovery" Mean No Documents?
A clause naming a non-existent "International Arbitration Tribunal (VIAC)", seated in the wrong city and banning "discovery": a case study in how tribunals cure defective clauses, order targeted document production, and weigh vague settlement offers on costs.
Read full entry →
Def. Lex-O-Pedia
Can an Accused on Anticipatory Bail Obtain a Passport to Travel Abroad?
Pending criminal proceedings are a statutory ground for refusing a passport, but not an absolute bar. How an accused on anticipatory bail can obtain a court order permitting passport issuance and travel abroad, and the conditions courts attach.
Read full entry →
Def. Lex-O-Pedia
What Rights Does a Long-Term Oral Commercial Tenant Have Against Eviction?
A shop tenant of six decades with no written lease pays the landlord's municipal tax arrears to de-seal the premises, then faces an eviction demand. How oral tenancy law, restitution under Sections 69-70 of the Contract Act, rent control and injunction doctrine stack the defence in the tenant's favo
Read full entry →
Def. Lex-O-Pedia
A Returning NRI Wants to Invest Foreign Savings in an Overseas Company: Is It ODI or OPI, and What Does FEMA Require?
When a returning NRI invests foreign-earned savings into unlisted equity of an overseas company as a promoter-director, the transaction is Overseas Direct Investment under the 2022 rules. Here is the compliance map.
Read full entry →
Def. Lex-O-Pedia
Can an NRI Gift Money to Resident Parents in India, and What Tax, FEMA and Stamp Duty Rules Apply?
A gift from an NRI child to resident parents is permissible under FEMA with no cap and fully exempt in the parents' hands under Section 56(2)(x). The gift deed, stamp duty and documentation questions explained.
Read full entry →
Def. Lex-O-Pedia
Are Non-Compete Clauses Enforceable in India?
Section 27 of the Contract Act renders post-employment non-competes void no matter how reasonable, a rule reaffirmed in Varun Tyagi (2025). What remains enforceable: during-employment restraints, garden leave, non-solicitation and confidentiality.
Read full entry →
Def. Lex-O-Pedia
Are NDAs Enforceable in India, and What Happens on Breach?
An NDA binds in India as an ordinary contract; breach invites injunctions, damages and occasionally criminal process. But courts will not enforce vague, oppressive or disguised non-compete NDAs, and no NDA can silence a whistleblower. A map of the remedies, limits and exceptions.
Read full entry →
Def. Lex-O-Pedia
Can the MPA Restrict Pleasure-Craft Surveys to Accredited Organisations by Circular?
The Maritime and Port Authority of Singapore regulates pleasure-craft surveys by statute and subsidiary legislation. Can it use an administrative shipping circular to narrow a defined class of "recognised surveyor", exclude Director-authorised surveyors, or impose new training conditions for port cl
Read full entry →
Def. Lex-O-Pedia
Does a Related Party Transaction Require Filing Form MGT-14 With the ROC?
A related party transaction under Section 188 does not itself trigger MGT-14. Whether the form must be filed turns on the type of resolution passed — special versus ordinary, and board versus shareholder — and, for board resolutions, on whether the company is public or private.
Read full entry →
Def. Lex-O-Pedia
What Must a Magistrate Consider Before Remanding an Accused?
Remand is a judicial function, not a rubber stamp. Supreme Court and Allahabad High Court rulings require Magistrates to examine the case diary, verify the legality of the arrest, record reasons, respect the 15-day and 60/90-day limits, and refuse remand where the grounds are weak.
Read full entry →
Def. Lex-O-Pedia
When Does Termination for "Loss of Confidence" Amount to Stigmatic Dismissal?
The Supreme Court treats termination for "loss of confidence" as stigmatic when it rests on misconduct allegations, requiring a prior inquiry; where objective facts are already on record the inquiry may be dispensed with. Either way, compensation, not reinstatement, is the usual remedy.
Read full entry →
Def. Lex-O-Pedia
What Are the Tax Consequences of Settling a Loan by Transferring Unlisted Shares?
Settling an NBFC loan by transferring unlisted shares at fair market value triggers capital gains for the borrower under Sections 45, 48 and 50CA, and possible deemed income for the lender under Section 56(2)(x). How the provisions interact, and where double taxation arises.
Read full entry →