Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 65A, 111 -- Tenant in secured asset - Protection - Tenant in sufferance - As per tenant he was inducted in secured asset on oral agreement and said tenancy impliedly does not carry any covenant for renewal -..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) - - Demand notice - Bona fide deposit - Refund of - Loan transaction - Deposit of Rs.40 crores in terms of order of High Court was only to show bona fides of appellants when a revised offer was made by them - Said deposit was not towards satisfaction of debt..........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Original record of case, except judgment of trial Court were weeded out - Criminal appeal is received incomplete from High Court - Incident in question is of year 1987 and accused were acquitted in 1990 - Due to lapse of time and no, availability of important basic records, it is not either..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Rent and eviction - Bonafide requirement for carrying out re-building and reconstruction - Landlord duly proved on record his sanction plan - Even, there is no dispute that landlord has necessary means for carrying out construction - Moreover, in present era of liberalised economy it is not very difficult to..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(4), Transfer of Property Act, 1882, Section 65A -- Secured assets - Delivery of possession - In the instant case, respondent was indicated as a tenant for 15 years after mortgage, without knowledge of mortgagee - Tenant who has been inducted after mortgage..........
Rent and eviction -- Reconstruction of building - Dilapidated condition - Obtaining of license, approved plan will arise after vacating all tenants - Fact that landlord did not occupy one of the shops that fell vacant shows his intention to demolish old building - Tenant rightly evicted...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- RBI Master Circular on NPA Classification 2013 and RBI Master Circular on Wilful Defaulters and Notifications, 2014 - Non payment of dues - Publication of name of petitioner as defaulter - Bank published photographs of petitioners No.2 & 3 in newspapers as..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Recovery of dues - Petitioner`s father/owner of entire extent of land secured loan from Bank by executing a mortgage deed - Landed property devolved on all his four sons, including petitioner - Such devolution was subject to mortgage created by father -..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 34 -- Proceedings under the Act - Jurisdiction of civil Courts - Once proceeding under the Act have been initiated by a secured creditor, jurisdiction of civil Court is barred u/s 34 of the Act...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- Non-performing assets - Non-issuance of notice - Notice required to be issued to petitioner under the provisions of the SARFAESI Act by the bank before declaring its account as NPA...........
