SUPREME COURT OF INDIA
Year of decision: 2009
Details
Prevention of Corruption Act, 1988, Section 13(1)(d)-- Scope - Criminal misconduct - Offence of criminal misconduct is committed by a public servant when he abuses his position and obtains for himself or for any other person any valuable thing or pecuniary advantage or while holding office as a public servant, obtains for any person any valuable thing..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13-- Recovery of Debts due to Banks and Financial Institutions Act, 1993, S.21, Banking Regulation Act, 1949, Ss. 21 and 35-A - One time settlement scheme floated by RBI for recovery of NPA's - Guidelines issued for implementation of said scheme, accepted by all public sector banks - Bank invited..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i)-- Arrears of rent - Plea of tenant that he had paid rent - Proof of - Rent paid without taking receipt - Tenant an organization - Other office bearers of organization acknowledging non payment of rent - Statement of landlord that he has not received the rent - Plea of tenant as to payment of rent is..........
DELHI HIGH COURT
Year of decision: 2009
Details
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 7-- Ejectment of unauthorized occupants - Recovery of damages - Rights of decree holder - Held, mere payment of damages by unauthorized occupants will not extinguish the rights of decree holder (owner) to recovery possession of property - Status of an unauthorized occupant is not automatically..........
GUJARAT HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 7, 13-- Illegal gratification - Conviction - Appeal - Suspension of sentence - Complainant turned hostile and admitted that applicant had not demanded any bribe - Trap money was provided by advocate of ship breaking companies which were aggrieved by levy of huge amount of tax - Trap money was found on..........
KERALA HIGH COURT
Year of decision: 2009
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2)-- There is no bar to issue a corrected/fresh notice u/s 13(2) of the Act after receipt of objections u/s 13(3-A) of the Act...........
KERALA HIGH COURT
Year of decision: 2009
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, 18, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17-- Any person including borrower aggrieved by any of the measures taken u/s 13(4) of the Act can challenge the same before DRT on all points including actual liability to be discharged by him...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Evidence Act, 1872, Section 9-- Identification parade - Appellant remained admitted in hospital for 13 days - Holding of identification parade would not have served any purpose...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
East Punjab Urban Rent Restriction Act, 1949, Section 19, 11, 13(2)(ii)(b)-- Use of residential building for commercial purposes - Permission of Rent Controller u/s 11 of the Act which is mandatory not obtained - Tenant is liable to eviction - Besides this landlord and tenant is also liable to be fined u/s 19 of the Act - In such a case both sections viz. S.13(2)(ii)(b)..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, 11, 19-- Use of a residential building for commercial purposes - Permission as required u/s 11 of the Act to convert the use of a residential building for commercial use not obtained - Violation of S.11 of the Act - Held, when there is violation of S.11 of the Act then both the Sections viz. S.13 & S.19 of..........