Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Loan transaction between parties - Agreement for sale in question was executed as a security towards full and final settlement of loan transaction - There was no transaction for agreement of sale in respect of two properties of defendant no.1 - Plaintiff fraudulently refused to..........
Punjab Aided School (Security of Service) Act, 1974, Rule 8 -- Pension - Petitioner resigned from service on account of continuous confrontation with Management - Therefore, it is deemed to be voluntarily retirement - It is to be noticed that in resignation letter itself, petitioner has requested for grant of pension, if admissible to her - It does not mean that an..........
Service -- Misconduct - Godown keeper allowing pledged goods to be replaced with goods of inferior quality - Value of security given to bank adversely affected - This is nothing but gross negligence on the part of respondent - Such a person who do not protect the goods kept in godown, is of no use and against the interest of employer and liable to be dismissed from service..........
Indian Penal Code, 1860, Section 420 -- Cheating - For an offence of cheating, there should be an averment in the complaint or proof that accused by using fraudulent means induces a person or any person so cheated to deliver some valuable security etc...........
Indian Penal Code, 1860, Section 420 -- Cheating - Allegation that for the purpose of contesting election, petitioner deliberately disclosed false facts in his nomination paper regarding number of his children and their date of birth - However, there is no allegation that petitioner by using fraudulent means induced complainant or any person to deliver some valuable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque given for repayment of loan installment which is also described as security in loan agreement is covered u/s 138 of the Act, as expression security refers to the cheques being towards repayment of installments - Once loan was disbursed and installments have fallen due on the date of..........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Father-in-law purchased property in name of his wife and two daughters-in-law, which shows that he intended to ensure financial security of female members of his family - Property cannot be said to have been purchased for benefit of any other person, other than those in whose names it was..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18 -- Appeal - Partial deposit before DRAT is a pre-condition for considering appeal on merits - On disposal of appeal, either on merits or on withdrawal, or on being rendered infructuous, in case, appellant makes a prayer for refund of pre-deposit, same has to be..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 13(4), 17 -- Rejection of plaint - Jurisdiction of civil Court - Dispute raised by the plaintiff in the suit filed is of civil nature which is cognizable by the civil Court of competent jurisdiction -..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(3A), 13(4), 17 -- Right to appeal - For enforcement of security interest - No remedy of appeal is available to borrower, at stage of consideration of his representation or objection by secured creditor and only when measures is initiated u/s 13(4) of the Act,..........
