Arbitration and Conciliation Act, 1996, Section 36(3) - - Money decree award - U, conditional stay of award - Validity - S.36 of the Act does not provide for any special treatment to Government while dealing with grant of stay in an application under proceedings of S.34 of the Act - Grant of stay is to be conditional as per S.36(3) of the Act - Courts ought not to pass an..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(4), Transfer of Property Act, 1882, Section 65A -- Secured assets - Delivery of possession - In the instant case, respondent was indicated as a tenant for 15 years after mortgage, without knowledge of mortgagee - Tenant who has been inducted after mortgage..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Parole - Petitioner sought parole on the ground that his parents have passed away and he is only brother of four sisters, out of which two are married and two are of marriageable age - He wants to look after his sisters - There is no such history of petitioner which shows that he is habitual..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- RBI Master Circular on NPA Classification 2013 and RBI Master Circular on Wilful Defaulters and Notifications, 2014 - Non payment of dues - Publication of name of petitioner as defaulter - Bank published photographs of petitioners No.2 & 3 in newspapers as..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Recovery of dues - Petitioner`s father/owner of entire extent of land secured loan from Bank by executing a mortgage deed - Landed property devolved on all his four sons, including petitioner - Such devolution was subject to mortgage created by father -..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 34 -- Proceedings under the Act - Jurisdiction of civil Courts - Once proceeding under the Act have been initiated by a secured creditor, jurisdiction of civil Court is barred u/s 34 of the Act...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Condition of producing registered surety - Petitioner is unable to produce a registered surety for reasons entirely beyond his control - He cannot be indefinitely kept in jail for inability to fulfill the condition of producing a registered surety - Magistrate directed to consider modifying impugned orders on such..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- Non-performing assets - Non-issuance of notice - Notice required to be issued to petitioner under the provisions of the SARFAESI Act by the bank before declaring its account as NPA...........
Minimum Wages Act, 1948, Section 2(i), 5(2) -- Employee - Challenge as to Notification issued - Inclusion of Security inspector/Security officer/Supervisor does not fall within definition of employee u/s 2(i) of the Act, as they do not discharge any skilled or unskilled, manual or clerical work, thus, cannot be covered by Notification...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once cheque has been signed and issued in favour of holder, there is a statutory presumption that it is issued in discharge of legally enforceable debt or liability - This presumption, of course is rebuttable one if issuer of cheque is able to discharge the burden that it was..........
