Let’s talk about a situation that’s all too common. Someone has bought a house through an Agreement to Sell and a General Power of Attorney (GPA) to possess the property. The buyer moves into the property and takes full possession. Everything looks sorted—until a bank shows up to recover dues from the original owner and suddenly, the new "owner" is facing eviction. Legally speaking, the story is more complex. Supreme Court's View: Possession ≠ Ownership In Sanjay Sharma v. Kotak Mahindra Bank Ltd. & Ors.(2024) , the Supreme Court clears the air on this very issue. In this case, Pushpa Morey (Respondent No. 2) held property possession based on an Agreement to Sell and a General Power of Attorney (GPA). However, none of the documents were registered. The Apex Court firmly held that such possession, supported only by unregistered documents, does not translate into ownership in the eyes of the law. Why Registration Matters? Under Section 17 of the Registration Act, 1908,...
Cyber fraud is something most of us have encountered, either as victims or witnesses. But what happens when a bank’s negligence facilitates such fraud? In a recent ruling, the adjudicating authority (AA) under the Information Technology (IT) Act has set a precedent for accountability in the banking sector. On 21 st January 2025, in Complaint Case No. 3 of 2019 , the principal secretary of IT for Maharashtra state and the AA under the IT Act ordered Axis Bank to pay Rs 1.76 crore with 18% interest, Rs 50 lakh as compensation, and Rs 3 lakh in legal costs to Dhule Vikas Sahakari Bank (DVSB) for unauthorized transactions caused by the bank’s negligence. Under the IT Act, the AA, who is the state IT secretary, has the authority to adjudicate cyber fraud cases involving claims for injury or damage up to Rs 5 crore. The AA has powers of a civil court and can hear complaints related to violations under the IT Act. Victims of cyber fraud, whether individuals or entities, can approach the AA f...