Contract Act, 1872, Section 2(d) -- Consideration - Collateral security offered by the surety - Held, the term `consideration' as defined under S.2(d) of the Contract Act makes possible the enforceability of a debt even against a stranger to consideration, so long as the detriment suffered by the promissor is for the benefit obtained to another person - Collateral security..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death due to burn injuries within seven years of marriage - Demand of Rs.10,000/- for commencing business for selling clothes - Deceased constantly tortured and harassed by appellant - Contention that financial help for business will not constitute offence u/s 304 B IPC - Held, there is no proposition of law that..........
Civil Procedure Code, 1908, Order 32, Rule 1, 2, 2-A, 3 -- Minor - Suit filed by minor through next friend - Court can insist on furnishing of security by the next friend, for payment of all costs, incurred or likely to be incurred by the defendant in such a suit...........
Punjab Security of Land Tenures Act, 1953, Section 18 -- Purchase of land - Application by tenant - Held, an application u/s.18 of the Punjab Security of Land Tenures Act, 1953 as applicable in State of Punjab shall be heard by Assistant Collector 1st Grade...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Defence set up by accused that he had no privity of contract with complainant and issue of cheque was only as a security in relation to transaction with another - Fact that cheque was issued to complainant, a freight agent, for transporting goods of accused is practically..........
Legal Services Authorities Act, 1987, Section 22B -- Permanent Lok Adalat - Territorial jurisdiction - Airlines - Conditions of Carriage - Exclusive jurisdiction clause - All dispute shall be subject to jurisdiction of the Courts at Delhi only - Permanent Lok Adalat for public utility services, Hyderabad was constituted for the area of Hyderabad and transport services by..........
Legal Services Authorities Act, 1987, Section 22B -- Permanent Lok Adalat - Territorial jurisdiction - Airlines - Conditions of Carriage - Exclusive jurisdiction clause - All dispute shall be subject to jurisdiction of the Courts at Delhi only - Permanent Lok Adalat for public utility services, Hyderabad was constituted for the area of Hyderabad and transport services by..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 31(i), Constitution of India, 1950, Article 226 -- Applicability of Act - Writ petition - Maintainability - Plea that Act is not applicable and recovery could not be made from the agricultural land of the petitioner - If the Act is not applicable, the notices..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Applicant No.1 opened a bank account through power of attorney executed in favour of applicant No.2 - On said account Rs.72,00,000 became outstanding in favour of bank by overdraft facility - Plea that applicant No.2 made misrepresentation to bank and misused the account - Plea of applicant No.2..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 14, Security Interest Enforcement Rules, 2002, Rule 8(8) -- Sale of secured asset - Private treaty - Invocation of - Permissible of - What are the formalities to be adopted when invoking private treaty and effecting a sale on that basis? - Held, as per the..........
