Constitution of India, 1950, Article 226, 14, 12 -- Jurisdiction of High Court - Appellant/Bank pleaded that direction of High Court for return of the title deeds deposited by respondent/Company as security cannot be a subject-matter of Art.226 of Constitution - If instrumentality of the State acts contrary to public good, public interest, unfairly, unjustly, unreasonably..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17, 18, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Suit seeking declaration regarding maintainability of contract - Objection that suit was barred u/ss 17, 18 of the Act of 1993 and u/s 34 of Act of 2002 - Held, question to..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 14, 17, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 14 -- Recovery of debts by bank - Proceedings against surety and guarantors - Held, liability of guarantor and principal debtor is co-extensive and not in alternative - Bank..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2, 7, Limitation Act, 1963, Section 5 -- Ejectment order - Appeal against - Dismissal in default - On application for restoration of appeal, matter remanded which is pending disposal for the last 25 years - Petitioner prayed that appeal be decided on merit after condoning delay - Delay condoned in view of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as a refundable security deposit for due performance of agreement - If cheque is issued only as security for performance of certain contract or an agreement and not towards the discharge of any debt or other liability, offence punishable u/s 138 of the Act is not made out...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Money suit - Plea that defendant is not in a position to pay the decreetal amount in case he alienates his plant and machinery - Vague plea - No order or direction for furnishing security can be passed simply because in overdraft account of banks, there is no credit balance - In a money suit..........
Suit for specific performance -- Question as to whether Court can direct a plaintiff in a suit for specific performance (or any other suit) to file an undertaking that in the event of not succeeding in the suit, he shall pay Rs.25 lakhs (or any other sum) by way of damages to the defendant - Held, No - The reasons being (i) Every person has a right to approach a Court of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards discharge of loan liability - However, in the verification statement word `security' was used - Held, statement of complainant should be read as whole - Merely because the word `security' has been used , would not mean that cheques were not issued in discharge of debt or liability..........
Suit for specific performance -- Question as to whether Court can direct a plaintiff in a suit for specific performance (or any other suit) to file an undertaking that in the event of not succeeding in the suit, he shall pay Rs.25 lakhs (or any other sum) by way of damages to the defendant - Held, No - The reasons being (i) Every person has a right to approach a Court of..........
National Security Act, 1980, Section 3(2) -- Preventive detention - Detenu in jail - Order of preventive detention when can be passed - Held, even when a person is in custody, a detention order can validly be passed if authority passing order is aware of the fact that he is actually in custody - If he has reason to believe on basis of reliable material that there is a..........
