Showing : 161-170 of 961 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Land Acquisition Act, 1894, Section 17, 11A-- Acquisition of land - Urgency clause - Delay in passing award - Lapse of acquisition proceedings - Once possession has been taken by State u/s 17 of Act, it is no longer open to State to relinquish or return the land to legal entity who had been dispossessed from it - No interference warranted in..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay of 11 days in lodging FIR - Explanation that complainant was injured and there was no other person to assist her in lodging FIR - Delay not satisfactorily explained - Explanation offered is highly inadequate - Undue and unreasonable delay in filing FIR can throw a cloud of suspicion on..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 324, 325, 148, 149-- Delay of 11 days in lodging FIR - No satisfactorily explanation for such inordinate delay - Unreasonable and undue delay of filing FIR can throw a cloud of suspicion on deeds of prosecution case - Testimony of complainant was wholly inconsistent and replete with contradictions - High Court..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3)-- Appeal - Condonation of delay - Power of Appellate Tribunal - Delay in filing an appeal u/s 18(1) of Act can be condoned by Appellate Tribunal u/s 20(3) of RDB Act R/W S.18(2) of SARFAESI Act - As RDB Act and SARFAESI Act are complimentary to each other...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3)-- Appeal - Condonation of delay - Period of limitation for filing appeal u/s 18 of SARFAESI Act is 30 days as against 45 days u/s 20 of RDB Act - However, there is no express provision of condonation of delay in SARFAESI Act but S.18(2) of SARFAESI Act adopts and incorporates the provisions of RDB..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3), Limitation Act, 1963, Section 29(2)-- Appeal - Condonation of delay - S.29(2) of Limitation Act has no absolute application to SARFAESI Act as it impliedly excludes applicability of provisions of Limitation Act to the extent a different scheme is adopted...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3), Limitation Act, 1963, Section 29(2)-- Appeal - Condonation of delay - Question as to whether Appellate Tribunal under SARFAESI Act was a Court for the purposes of S.29(2) of Limitation Act, is not required to be decided as S.29(2) Limitation Act is not applicable to SARFAESI Act - Even if S.29(2) of Limitation Act does not apply to..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Service -- Caste certificate - Validity - Member of scheduled tribe - Getting certificate on the basis of false statements and false affidavits - After 18 years of employment matter referred to Scrutiny Committee for verification - Tribe certificate issued in favour of brother of appellant was invalidated..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 161-- Examination of witness - Delayed examination - No question put to investigating officer on delayed examination - Contention of delay in recording statement u/s 161 Cr.P.C., therefore not tenable - As mere delay in examining a witness does not make his evidence unreliable...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482, 468-- Quashing of proceeding - Cases covered by statutory bar of limitation may be liable to be quashed without any further enquiry - But cases not covered by statutory bar can be quashed on the ground of delay in filing criminal complaint in appropriate cases as there is violation of right of speedy..........

Showing : 161-170 of 961 Results