Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Secured creditor is entitled to proceed only against secured assets mentioned in notice u/s 13(2) of Act - However, in terms of S.13(11) of Act, secured creditor is also free to proceed first against guarantors or sell the pledged assets - But such guarantor,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Recovery suit - Person sought to be impleaded as a party had already sold the land and purchasers already a party to the suit - Held, seller not a necessary party and his presence not at all required to enable Court to effectually and completely adjudicate upon and settle all questions involved in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 175 kg poppy straw - Recovery effected from car which was lying in abandoned condition - Accused was implicated on basis of agreement of sale executed by original owner of car in favour of accused - However, there is no document..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Abduction - Murder - Recovery of rope being led thereto by accused `C' is admissible in evidence - Discrepancy about the texture of rope, seizure thereof having otherwise been proved is not of much significance...........
Evidence Act, 1872, Section 27 -- Recovery of weapon - Recovery of time not mentioned - Place of recovery a busy road but no public witness joined and even no attempt was made to join public witness and there is no explanation also - There were blood stains on recovered article but no such fact mentioned in the recovery memo - Recovered article not sent to FSL to ascertain..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of weapon of offence at the pointing out of accused - Time of recovery not mentioned - Public witness not joined - Alleged theory of recovery not believable - Without corroboration of independent witnesses recovery of weapon of offence not believable - Sole evidence of recovery itself..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Where the decree for recovery of possession and injunction obtained in a representative action in respect of a property in which deity is consecrated and defendants have defended the action not in their individual capacity but on behalf of deity, such decree binds the deity also...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Loan amount - Plaintiff bank seeking recovery of huge amount exceeding Rs.4 crores - Conditional order of attachment of hypothecated stocks and mortgaged properties to take effect only if defendants failed to furnish security equal to value of suit of plaintiff - No prejudice..........
West Bengal Premises Tenancy act, 1956, Section 17(2), 17(3), Constitution of India, 1950, Article 227 -- Rent and eviction - Recovery of possession - While disposing application u/s 17(2) of the Act, Court shall be careful to find out whether relationship of landlord and tenant exists between parties or not - However, in the instant case, trial Court ignored this main..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused allegedly demanded Rs.5000 as illegal gratification from complainant to discharge the official act of forwarding complainant's application for pension and for release of retiral benefits - However, evidence on record shows that accused was absent from his office at the..........
