Criminal Procedure Code, 1973, Section 173(2), Kerala Anti Social Activities (Prevention) Act, 2007, Section 2(o), 3 -- Preventive detention - Subjective satisfaction - Police classifying detenu as `known goonda' after registration of various cases - However, such subjective satisfaction must be recorded by detaining Authority after examining final report of I.O. along..........
Kerala Anti Social Activities (Prevention) Act, 2007, Section 2(o), 3 -- Preventive detention - Subjective satisfaction and objective satisfaction - Difference - Objective satisfaction is whether detenu is `known goonda' or `known rowdy' u/ss 2(o), 2(p) of the Act and Subjective satisfaction is whether he is engaged in anti-social activities and whether it is necessary to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2.O -- Temporary injunction and appointment of receiver - Property ordered to be put on public auction by appellate Court in an appeal against order granting temporary injunction and appointing receiver - None of the parties did suggest the disposal of suit property by public auction - Neither any exceptional circumstances nor..........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 3(1)(o), 22A -- Sick Industrial Company - Direction not to dispose of asset - U/s.22A of the Act Board for Industrial and Financial Reconstruction (BIFR) does not have competence to issue directions to a company other than Sick Industrial Company...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 20, 28, 31, 2(o) -- Maintenance - Non-payment of arrears of maintenance by husband - Applicability of provision of S.31 of Act - Order of granting maintenance does not amount to "protection order" and violation of the same would not attract the provision of S.31 of Act - Penal action u/s 31 of Act cannot..........
Civil Procedure Code, 1908, Order 9.O -- Restoration of suit dismissed in default - Sufficient cause for no, appearance refers only to date on which absence was made as a ground for dismissal of suit - It cannot stretch to circumstances anterior in time - Since restoration application was filed without any delay, absence of plaintiff on the earlier dates of hearing, if..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 2(1)(o) -- "Non Performing Asset" - Classification of assets as NPA on the basis of directions or guidelines of RBI does not amount to delegation of essential legislative function - Prescribing norms for classifying a borrower's account as a NPA is not an essential..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 2(1)(o), Constitution of India, 1950, Article 14 -- Non Performing Asset (NPA) - Contention that by authorizing different Regulations to prescribe different norms for the identification of a NPA with reference to different Creditors amount to unreasonable..........
Karnataka Rent Act, 1999, Section 27(2)(a), 27(2)(c), 27(2)(o), 27(2)(p), 27(2)(r), 31(1)(c) -- Eviction - Bona fide requirement - Appellants/landlords sought eviction on ground of bona fide requirement for own use and occupation - Respondent/tenant denied jural relationship of landlord-tenant - Contention that appellants are not legal heirs of original lessor - High Court..........
Consumer Protection Act, 1986, Section 2(1)(o) -- Plot allotment - Statutory Boards and Development Authorities which are allotting sites with the promise of development, are amenable to the jurisdiction of consumer forum in case of deficiency of services...........
