Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 13(4) -- Bank loan - Recovery - Charge of legal opinion in issuing notices - Notice u/s 13(2) and 13(4) of the Act are notices on proforma circulated on 16.11.2002 - Authorized Officer of Bank does not require any legal opinion in issuing such notices -..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 13(4) -- Bank loan - Recovery - Charges of enforcement agencies, legal fee and advertisement expenses - Not permissible in law...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Declaratory suit for co-ownership right in joint property - Some legal heirs of deceased plaintiff not substituted - Share of each of plaintiff neither separable nor distinct - Held, due to non substitution of some of plaintiff, appeal would abate in toto for simple reason that appeal is a continuity of..........
Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Specific performance - Readiness and willingness - Plaintiff specifically pleaded in the plaint in terms of the requirement as provided under Section 16(c) of the Specific Relief Act that he was and is still ready and willing to pay the balance consideration amount and get the sale deed executed and registered..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defective notice - Effect - It is no where specifically mentioned that unless respondents pay cheque amount i.e. an amount of Rs.13,50,000/-, they are liable for prosecution u/s 138 of NI Act - Appellant only stated in notice that respondents 1 to 4 are liable to pay an amount of Rs.22,08,522/- which is..........
Motor Vehicles Act, 1988, Section 163A -- Insurance Company - Liability - Package policy - Pillion rider - Motorcycle insured in name of owner on date of accident - Admitted fact that policy taken by owner for this motorcycle was a package policy under which pillion rider would be covered - At time of incident deceased was driving motorcycle after borrowing the same from..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compliant on the basis of second notice - Barred by limitation - Complainant initially issued a legal notice to petitioner in the month of June 2004 and petitioner gave reply thereto - Thereafter complainant waited for four months and submitted cheque again to his bank - On basis of bouncing of cheque..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Scope - Held, O.1.R.10(2) CPC does not speak about the right of a no, party to be impleaded as a party - It speaks about judicial discretion of Court to strike out or to add parties at any stage of a proceeding - Discretion under said Rule can be exercised either suo motu or on application of plaintiff or..........
Representation of the Peoples Act, 1951, Section 100(d)(i), Civil Procedure Code, 1908, Order 7, Rule 11, Conduct of Elections Rules, 1961, Rule 40A -- Election petition - Cause of action - What does term "cause of action" mean and how pleaded in election petition - Held, it is a bundle of essential facts and refers entirely to media upon which plaintiff/petitioner asks to..........
Arbitration and Conciliation Act, 1996, Section 31(8) -- Arbitration - Costs - The explanation to S.31(8) of the Act makes it clear that `costs' means reasonable costs relating to (i) the fees and expenses of the arbitrators and witnesses, (ii) legal fees and expenses, (iii) any administration fees of the institution supervising the arbitration, and (iv) any other expenses..........
