Insolvency and Bankruptcy Code, 2016, Section 3(11), 3(30), 3(31), 5(7), 5(8), 21, 60, Transfer of Property Act, 1882, Section 58, Indian Contract Act, 1872, Section 126 -- Debt - Financial creditor - Secured Interest - Whether lenders of Holding Company of Corporate Debtor could be categorised as financial creditors of Corporate Debtor or not - Held, if corporate debtor..........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Service of summons by affixation - Summoning of process server and witnesses not necessary in every case, wherever service takes place by affixation - Plaintiff himself could have produced said witnesses...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Notice sent by registered post and no notice was issued to be served personally - Action of Family Court in dispensing with personal service impliedly without passing any order justifying it, cannot be countenanced..........
Rajasthan Pre-emption Act, 1966, Section 5(1)(c), 6(1)(ii), 6(3) -- Right of pre-emption - Plaintiff and defendant no.2 were joint owners in possession of disputed courtyard having half share each - Defendant no.2 sold his house and disputed courtyard to defendant no.1 - Plaintiff has a superior right of pre-emption by virtue of provisions of S.6(3) of Rajasthan..........
Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay in filing application U.O.41.R.19 CPC - Restoration application though required to be filed within 30 days from date of dismissal of appeal, but same was filed with a delay of about 22 months - No cause much less sufficient..........
Civil Procedure Code, 1908, Order 8, Rule 3, 5 -- Written statement - Specific denial - General principle that a defendant who proposes to deny truth of an allegation against him/her ought to do it either specifically or necessary implication in lieu of mere general or evasive denial, applies to Family Courts also...........
Civil Procedure Code, 1908, Order 8, Rule 3, 5 -- Written statement - Evasive denial in pleadings of a defendant is treated by law to be an admission of truth of allegations made against him, unless Court in its discretion is of opinion that u, denied fact must, nonetheless, be proved otherwise than by such deemed admission...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Plaintiff sought declaration with regard to Will being a forged and fabricated document - There is omission with regard to framing of an issue with regard to declaration which will go to root of matter - Application rightly allowed - However, only one opportunity to lead evidence is granted to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- It is only the parents and senior citizens who can approach Tribunal constituted under the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5, 4 -- It is only the parents and senior citizens who can approach Tribunal constituted under the Act - However, in the event a senior citizen or a parent is unable to make an application, an application u/s 4 of the Act may be made by any other person or organisation...........