Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14, 13(4) -- Taking possession of secured assets - District Magistrate/Chief Metropolitan Magistrate has a ministerial role in form of rendering assistance to secured creditor in taking possession - It is not vested with any adjudicatory powers - Not empowered to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - Suit for specific performance - Applicant sought his impleadment on the ground that the property in question is HUF property - Held, whether the disputed property is HUF or not cannot be decided in the suit for specific performance of agreement - Applicant is neither necessary party nor proper party -..........
Hindu Marriage Act, 1955, Section 9, 25 -- Restitution of conjugal rights - Relief of permanent alimony - Cannot be granted in absence of claim of such relief in the main petition - Unless appellant gets the main petition amended and ask for substantive relief of permanent alimony, question of granting relief on interlocutory application does not arise...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Maintainability - Cheque in question prima facie does not bear signatures of petitioner/accused and even account from which said cheque was issued belongs to one `S' and not to petitioner - Held, private complaint filed by respondent against petitioner u/s 138 of N.I. Act was not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Accused alleged to have taken loan from complainant for business - Complainant himself admitted that cheque in question was issued by way of security - Held, cheque in question cannot be treated as issued for discharge of any legal liability - Petitioner failed to prove guilt of..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4), 35 -- Taking possession of secured assets - Property in possession of tenants - SARFAESI Act has overriding effect over local Rent Control Act - Secured creditor (Bank) need not file suit for eviction against tenants of mortgaged property under Rent Act -..........
Civil Procedure Code, 1908, Order 41, Rule 23, 25, 28A, Civil Procedure Code, 1908, Order 8, Rule 6A -- Remand - Power of appellate Court - Exercise of - While disposing of the first appeal, the First Appellate Court has failed to consider the aspects of the reliefs as noted in prayers `b' & `c' of Paragraph No.9 of the counter-claim - Learned First Appellate Court has..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused did not appear in the witness box to support his case and to state that he never issued the cheque in question against any outstanding liability towards respondent - Held, statutory presumption u/s 139 of the Act has not been rebutted by petitioner...........
Negotiable Instruments Act, 1881, Section 138,139 -- Dishonour of cheque - Conviction - Execution of cheque not in dispute - Plea taken by accused that no legal debt payable by him as cheque in question was issued as security - Plea falsified by DW1 who categorically stated that accused took loan from the complainant - Revision dismissed...........
Protection of Women From Domestic Violence Act, 2005, Section 12,23(5) -- Domestic Violence - Report of protection officer - Question as to whether at the time of issuance of notice i.e. taking cognizance on the complaint, Court is duty bound to issue notice to the respondent only after the report of the Protection Officer is received? - Matter referred to Division Bench..........