Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objection by transferee pendente lite - Appellant is a purchaser post-arbitral award for recovery of amount - Execution proceeding was pending when sale deed was entered into between respondent No.2 and appellant - Moreover, appellant failed to discharge the onus on sale being without notice of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 18, Article 21 -- Rejection of plaint - Barred by limitation - Recovery suit - Acknowledgment of debt - Loan was advanced on 13.11.2015 and limitation period of three years prescribed u/art 21 of Limitation Act expired much prior to alleged acknowledgement dated 30.7.2020 - Acknowledgment of debt..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Allegation that accused brought charas from Nepal to India - However, recovery Mahazar does not indicate a bag in which contraband is said to have been smuggled into India - Inconsistencies in evidence of PW1 to PW3 are not minor and are glaring enough to raise a..........
Auction sale -- Authorities (such as Banks, recovery officers or State bodies) conducting public auctions are legally required to disclose all known encumbrances and litigation relating to property, as failure to do so invalidates the sale - Suppressing such material facts renders auction fraudulent or vitiated by material irregularity...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Proceedings u/s 7 of the Act - Code does not prohibit a financial creditor from invoking CIRP merely because recovery proceedings under SARFAESI Act or before DRT are pending or have been initiated...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Recovery suit - Execution of ex parte decree was stayed with condition of furnishing security/bank guarantee equal to decreetal amount - Said order has sufficiently secured interest of plaintiff against any uncertainty regarding recovery of decreetal amount - Imposition of such condition..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment sought for refund of earnest money - Plaintiff has specifically sought decree for recovery of Rs.20 lakh double the amount of earnest money in the alternative though inadvertently same could not be sought in prayer clause -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for recovery of possession and arrears of rent - Lis only between plaintiff and defendant - Plaint nowhere contains any submissions or allegations against petitioner nor any relief has been prayed for against her - Petitioner sought his impleadment on the basis of ownership over suit property -..........
Indian Penal Code, 1860, Section 302, 34, 201, 404 -- Murder - Appellant No.2 only helped co-accused in suppressing evidence by digging a hole and hiding dead body of deceased - No recovery of any of articles of deceased effected from possession of appellant No.2 - It was co-accused who caused assault, which resulted in death of deceased - Conviction of appellant No.2,..........
Service -- Departmental enquiry after superannuation in absence of any governing rules and regulations - Pension rules not applicable in absence of conscious decision of Board for applicability of such rules to its employees - Corporation had no jurisdiction to institute departmental proceedings against appellant for the alleged misconduct and to direct recovery after..........
