Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Possession of secured asset - Time limit to take action by District Magistrate is fixed to impress upon authority to take possession of secured assets - Inability to take possession within time limit does not render the District Magistrate Functus Officio -..........
Criminal Procedure Code, 1973, Section 154, 156(3) -- Non-registration of FIR by police - Remedy as to - Petitioner ought to have first approached trial Court u/s 156(3) Cr.P.C for redressal of his grievance regarding non-registration of FIR by police or any other competent officer as per S.36 Cr.P.C - However, even if thereafter, grievance is unmitigated, one can take..........
Custody of child -- Writ of Habeas Corpus - Custody of child is with father - Habeas Corpus petition is not liable to be dismissed on the grounds of custody of minor daughter with father not being illegal and availability to mother of alternative remedy of filing custody petition under Hindu Minority and Guardianship Act/Guardians and Wards Act...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Maintainability - Availability of an alternate remedy is no bar in entertaining a complaint under the Act...........
Real Estate (Regulation and Development) Act, 2016, Section 18 -- Remedy u/s 18 of the Act - Builder Buyer Agreement - Failure to deliver possession - Period for maintaining action on behalf of allottees has to be reckoned in terms of agreement and not date of registration under provisions of RERA Act...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Where statutory authority has not acted in accordance with provisions of enactment or if it is demonstrated that there is defiance of fundamental principles of judicial procedure then despite availability of alternate remedy, High Court can exercise its writ jurisdiction...........
Constitution of India, 1950, Article 226, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 -- Writ petition - Time barred application u/s 17 of SARFAESI Act - Maintainability - There is no statutory provision in SARFAESI Act to condone delay in taking recourse to remedy prescribed by S.17 of the Act - Still..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Application for bail filed before JJ Board dismissed - Accused filed application u/s 439 Cr.P.C, instead of filing of appeal before Sessions Judge - However, not availing of such alternative remedy does not bar independent statutory remedy of filing of petition u/s 439 Cr.P.C...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Restraining Municipal Committee from interfering into possession of plaintiff over suit property - Petitioner is neither owner nor in possession of suit property - He cannot seek impleadment merely on basis that Municipal Committee not contesting suit properly - In case..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Grant of temporary injunction without notice - Opposite party always has remedy to move same Court by filing an appropriate application seeking its recalling/modification - Even when all parties have been heard, Court is still vested with power to change its order, provided either there is change of..........
