Constitution of India, 1950, Article 226 -- Writ Petition - Contractual matters - Forfeiture of amount of Rs.10 lakhs deposited by appellant - Deposit made pursuant to the direction of High Court and security amount required to be furnished was limited to Rs.3,09,500/- - Appellant committed breach of agreement - Held, in the event of adjustment of amount of security, it..........
Punjab Security of Land Tenures Act, 1953, Section 50 - - Eviction - Non-payment of rent - All revenue authorities have concurrently found that petitioners are tenant and had failed to make payment of rent to respondent No.5 - Land in question is being taken by petitioners on lease which was donated by their ancestor for religious purpose and thereafter they refused to pay..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4), (9), 17(3), Constitution of India, 1950, Article 226 -- Taking possession of secured assets - Contravention of S.13(9) - Remedy against - Available to borrower under S.17(3) of Act - Since DRT has also power to resolve inter se dispute between two secured..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Exercise of power by High Court - Whether cheque in question was blank or it was subsequently filled by complainant or it was issued for purpose of security or to meet legal liability - Whether contents of reply to legal notice, other..........
Motor Vehicles Act, 1988, Section 109(3) -- High Security Registration Plates - Rules, statutory orders and tender in respect of - Validity of - Held, Rules, statutory order and tender process in respect of High Security Registration Plates are valid...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment - Furnishing of security - Held, perusal of O.38.R.5 of the Code shows that an order for directing defendant to furnish security can be made if court is satisfied that defendant is about to dispose of whole or any part of his property with intent to obstruct or delay execution of any decree that may be passed..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque given to brother of complainant not to discharge debt or liability but by way of security - Presumption u/s 139 of the Act, held, rebutted - Acquittal - Leave to appeal refused...........
Punjab Security of Land Tenures Act, 1953, Section 14A(1) -- Eviction - Non-payment of rent - Concurrent findings of facts have been recorded by revenue authorities that `R' (now his heirs) have not paid rent - Eviction order against petitioner and others i.e. LRs of `R' has been passed for no, payment of rent - Petitioners/tenants are denying relationship of landlord and..........
Punjab Security of Land Tenures Act, 1953, Section 5A, 5, 5C -- Surplus area - Entitlement of all purchasers to be served with notice before a decision is taken on surplus area proceedings - Held, they would all be relevant in cases where sales are crucially after the Amending Act in year 1957 to 6 months period when landlord has to give details of permissible area which..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4), Security Interest (Enforcement) Rules, 2002, Rule 8(6), 9(1) -- Sale of secured assets - By inviting tender or by public auction - Issuance of thirty days notice to borrower - Is mandatory...........
