Showing : 2181-2190 of 49277 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 31-- Secured loan - Recovery - Agricultural land - Creditor cannot enforce any security interest created in his favour without intervention of Court or Tribunal, if such security interest is in respect of agricultural land...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 31-- Validity of S.31(1) of the Act, which deals with security interest created over agricultural land and not agricultural land itself, is integral part of Act and cannot be questioned on ground of legislative competence...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(3A)-- Corporate loan - Recovery - Non-acceptance of borrower's representation - Failure to reply and give reasons to representation by creditor is not of much significance, particularly when creditor undoubtedly considered representation and proposal for repayment made therein and has infact granted..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 31-- Secured loan - Recovery - Agricultural land - No security interest can be created in respect of agricultural lands - However, since security interest created, it goes to show that parties did not treat the land as agricultural land and debtor offered land as security on this basis - High Court..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38-- Permanent prohibitory injunction - Plea of adverse possession - Defendant failed to prove on record plea of adverse possession by leading cogent and convincing evidence - On the contrary plaintiffs proved to be owner in possession of suit land and it nowhere reflects possession if any of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Protection of Children from Sexual Offences Act, 2012, Section 5(m), Indian Penal Code, 1860, Section 376(2)(i)-- Sexual assault - Prosecutrix, her mother and grandmother won over by accused, as they resiled from their statements - However, scientific and medical evidence supported prosecution case - It is revealed that human semen was found on shirt and slacks of prosecutrix - In DNA profiling report, human..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Protection of Children from Sexual Offences Act, 2012, Section 5(m), Indian Penal Code, 1860, Section 376(2)(i)-- Sexual assault - Merely because accused not absconding after the incident, it gives no presumption in his favour that he is innocent, particularly when crime is proved against him - Accused rightly convicted...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96(3), Land Acquisition Act, 1894, Section 54-- Appeal - Land acquisition - Decree is not one passed by consent of parties - S.96(3) CPC will not apply - Statutory appeal u/s 54 of Land Acquisition Act, is, thus, maintainable...........
KERALA HIGH COURT
Year of decision: 2018
Details
Ports Act, 1908, Section 68-- Mode of publication - Where parent statute prescribes mode of publication, then that mode must be followed, but where mode of publication is not prescribed, then publication must be in some usual or recognized mode, to bring it to the knowledge of all persons concerned...........
KERALA HIGH COURT
Year of decision: 2018
Details
Legal Services Authorities Act, 1987, Section 21-- Lok Adalat - Order passed not amounting to decree - When award cannot be treated as an executable decree, it cannot take the character of an `award' passed under the Act...........

Showing : 2181-2190 of 49277 Results