Haryana Relief of Agricultural Indebtedness Act, 1989, Section 2(g), Clause (vii), (viii), 17(b) -- Loan for purchase of Tractor - Failure to pay loan - Suit for recovery by bank - Decreed - Execution - Objections filed by J.D. that execution is not maintainable in terms of sec. 17(b) - Accepted by Ld. Executing Court holding that the loan advanced by the bank is not price..........
Reserve Bank of India Act, 1934, Section 2(iv), Haryana Relief of Agricultural Indebtedness Act, 1989, Section 2(g)(xii), 17(b) -- Debt due to a scheduled bank - Vide Haryana Act No. 15 of 1993, any debt due to a `Scheduled Bank' as defined in clause (vi) of Sec. 2 of the Reserve Bank of India Act, 1934, is not a debt as defined under Sec. 2(g)(xii) of the Act - Therefore,..........
Multi-State Co-operative Societies Act, 2002, Section 3(f), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 2(d) -- Co-operative bank - Meaning - A multi-state Co-op. Society, which undertakes `banking busienss' - Co-operatives banks do not fall within the meaning and definition of `Bank' as defined u/s 2(d) of 1993 Act. Banking Regulations..........
Specific Relief Act, 1963, Section 28 -- Recession of contract - Extension of time - Suit for specific performance of agreement - Decreed - Judgment debtor directed to execute sale deed in favour of decree holder on payment of balance sale consideration within a period of three months from the date of decree - Execution filed by decree holder after two years for execution..........
Civil Procedure Code, 1908, Section 21, 21A -- Waiver of objection - Sec. 21 is a statutory recognition of the principle that the defect as to the place of suing u/s 15 to 20 of the Code may be waived and that even independently of Sec. 21 - A defendant may waive the objection and may be subsequently precluded from taking it...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 3(f), 3(q) -- 'Family' ` Widowed mother and adult son - Benefit of separate unit - Mother and son holding land in their name - Residing together - Declaration u/s 9 of the Act filed by son not filed by mother - Amended declaration u/s 9 supported by affidavit by widowed mother - Prescribed Authority considered only son's..........
Stamp Act, 1889, Section 47A -- Undervaluation of sale deed - Deficiency in payment of stamp duty - Sale deed presented for registration - Registering Officer found sale deed undervalued - After registration, referred sale deed to Collector u/s 47-A - Show cause notice to make good deficiency in stamp duty - Contention raised reference not maintainable, as the same has..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition filed u/s 163-A of Motor Vehicle Act - In original petition, income alleged Rs.5, 000/- p.m. - Amendent sought to plead income less than Rs.40, 000/- p.a. - Tribunal relying on Deepal Girishbhai Soni's case, AIR 2004 SC 2107 declined amendment - Judgment not applicable - Amendment permitted with..........
Limitation Act, 1963, Section 27, Article 64, 65 -- Adverse possession - Extinguishment of right to property - Sec. 27 operates to extinguish the right to property of a person who does not sue for its possession with in the time allowed by law - Right extinguished is the right which the lawful owner has and against whom a claim for adverse possession is made...........
Limitation Act, 1963, Article 21, Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 8 -- Impleadment of Reversioner as party to suit - Suit for possession being nearest reversioners - Application under Order 1 Rule 10 for impleading party being sister's son of the deceased - Application filed 5 years after death of original owner - Declined..........
