Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 100 kg Ganja - There are reasonable grounds to believe that petitioner is not guilty of said offence - Entire case so far petitioner is concerned is circumstantial i.e. based solely on disclosure statement of co-accused which is per..........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Application for leading additional evidence allowed - Dishonour of cheque - Complainant is in business of manufacturing and selling vehicles and their spare parts - During process of business, accused issued 20 cheques and same got dishonoured by bank - Evidence sought to be..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, Debt Recovery Tribunal (Procedure) Rules, 1993, Rule 12(9) -- Recovery of debt - Application seeking cross-examination of bank`s witness by borrower - Cross-examination is necessary only of such witnesses who speak of facts that they are personally aware of - Witnesses like officers of bank,..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, Debt Recovery Tribunal (Procedure) Rules, 1993, Rule 12(9) -- Recovery of debt - Application seeking cross-examination of bank`s witness by borrower - Transaction took place prior to year 1998 - In year 2018, an officer who swears to an affidavit, will be speaking only from the facts as..........
Civil Procedure Code, 1908, Order 37, Rule 5 -- Recovery suit - Commercial transaction between parties - Suit is pending and defendants have not yet filed their written statements disclosing their defence - Trial in the suit on merits is yet to commence - Any observations made by Supreme Court on facts would cause prejudice to rights of parties while prosecuting suit on..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Bank loan - Recovery - Writ petition thereagainst - Maintainability - Remedy against action of Bank u/s 13(4) of the Act is available to challenge by aggrieved u/s 17 of SARFAESI Act - Institution of writ petition directly u/art 226 of Constitution is..........
Civil Procedure Code, 1908, Section 47, 115 -- Execution - Auction of property on failure of husband to pay maintenance - Property purchased by wife - Application by wife for delivery of possession - Respondent opposed application claiming to be auction purchaser through DRT - However, perusal of records shows that specific plea taken by husband that suit property belongs..........
Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 25 -- Condonation of delay - Delay in payment of amount - Recovery of debt as per settlement reached in Lok Adalat - Parties agreed that if amount not paid within time schedule than bank will be at liberty to recover entire amount due - However, if agreed amount..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 14.750 kg charas - Identification of accused - Accused implicated in the offence wholly due to recovery of his bank passbook from the vehicle in question - Testimony of PW1 and PW8 taken together by itself is not adequately persuasive to unimpeachably establish the identity of driver of..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Four unconditional and irrevocable bank guarantees issued by defendant/bank to indemnify plaintiff - Two stands were taken by defendant in his application for leave to defend firstly, that though four bank guarantees were issued but they were not by duly authorized and..........
