Contract Act, 1872, Section 171 -- Bank loan - Suit dismissed on ground of limitation - It is only the remedy which is destroyed and not the right of the creditor for the debt - Bank has general lien over the securities which come to its hands - It may be in the form of money, negotiable instrument or any form of security or it may be goods - To apply the banker's lien, it..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Custom officials seized jeep carrying three persons including accused - On examination team spotted cavity, which was disengaged and led to recovery of 108 Kg. Ganja - Seizure list prepared in presence of independent witnesses and it also bore signatures of accused which he admitted in his statement u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused borrowed Rs.44 lakhs - There is no evidence that they have repaid the amount and their evidence is that they have issued cheque and a civil case has been filed and decree would have been obtained - Furthermore, at the time of availing loan, petitioners have furnished property as security, which..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - If the defendants are with an intention to obstruct or delay the execution of any decree that may be passed against them or about to dispose the whole or any part of his property or is about to remove the whole or any part of his property from the..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Defendants selling the property in order to evade payment of decree amount likely to be passed - Properties belonging to defendants sold even after filing of suit through Power Agents on whom defendants have no control as Power Agents themselves..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(1) -Second Proviso and 17 - Appeal against order of Debts Recovery Tribunal - Requirement of pre deposit as stipulated u/s 18 (1) of the Act - Appellate Tribunal had exempted appellant from making any deposit in terms of second Proviso to S.18 of the Act before..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(1) -Second Proviso and 17 - Appeal against order of Debts Recovery Tribunal - Pre condition of deposit as envisaged under 2nd proviso to S.18(1)A of the Act - Held, condition of pre deposit being mandatory, complete waiver of deposit by appellate Tribunal not..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Not defined in the Code - However, explanation added to the provision spells out the ingredients of the 'cruelty', which can be classified as follows:- (i) any `willful' misconduct which is of such a nature as is likely to drive the woman to commit suicide; or (ii) any `willful' conduct which is likely to cause grave..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused allegedly issued two cheques of Rs.9 lakhs each, which was presented for encashment, returned un-paid - Even evidence of accused does not indicate and suggestion that cheques were issued as security or guarantee - Documentary evidence showing that in case Rs.9 lakhs were paid to complainant, he..........
Criminal Procedure Code, 1973, Section 374 -- Accused convicted and sentenced under Explosives Substances Act and Arms Act and had undergone more than half of his sentence i.e. three years, seven months and twenty two days and is on bail - Accused sought permission to go abroad to attend the marriage of his daughter who is practicing solicitor of Supreme Court of England &..........
