Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Corporate loan - Recovery - Auction sale - Fraud and collusion between creditor and auction purchaser - Property was purchased by auction purchaser in pursuance of a public auction - Entire amount of sale consideration deposited by auction purchaser -..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(a) -- Parole - Parole to petitioner rejected on ground that he is hardcore criminal and is involved in many serious offences - However, as per definition of hardcore prisoner, petitioner does not fall under the category of hardcore prisoner - Moreover, release on parole to be declined only if..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Evidence Act, 1872, Section 154 -- Recovery of 4 kg 400 gms charas - Hostile witness - Recovery effected from bag kept beneath three seater bench of bus - Independent witness supported prosecution case, whereas, PW3 (conductor of bus) desisted from lending support to entire prosecution case - However, PW3..........
Indian Penal Code, 1860, Section 399, 402 -- Preparation of dacoity - Accused acquitted u/s 27 of Arms Act - If charge under Arms Act not proved against accused then how can it be said that accused were preparing for committing dacoity with those arms and ammunitions - Even otherwise, recovery memo shows that there is no signature or thumb mark of accused on it - Copy of..........
Civil Procedure Code, 1908, Section 92 -- Suit against Public Charitable or Religious Trust - Leave to file suit is pre-condition - There will be no properly instituted suit under law before formal leave is granted - Only after grant for leave to institute suit, other interlocutory applications can be considered and orders can be passed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 436, 427, 148, 149, 120B, 188, Prevention Of Damage to Public Property Act, 1984, Section 4, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Offence u/ss 307, 436, 427, 148, 149, 120-B, 188 IPC, S.4 of 1984 Act and Ss.3, 4 of 1908 Act - Petitioners had a very desperate idea to..........
Evidence Act, 1872, Section 65(e), 74 -- Secondary evidence - Certified copy of registered sale deed - Private documents which are kept as public records by State shall form public documents - All public documents defined u/s 74 of the act are admissible as secondary evidence u/s 65(e) of the Act...........
Land Acquisition Act, 1894, Section 17 -- Acquisition of land - Invocation of urgency clause - Land acquired for public purpose of freight complex under planned development - There was thus, urgency and project was such that it could not have brooked any delay - Invocation of S.17 of the Act, held, proper...........
Evidence Act, 1872, Section 65(e), 74(2) -- Secondary evidence - Certified copy of registered sale deed - Registered sale deed is a public record of private documents and admittedly falls within definition of public documents to S.74(2) of the Act - Certified copy of registered sale deed is thus, admissible as secondary evidence u/s 65(e) of the Act...........
Right to Information Act, 2005, Section 8, 9, 11 -- Information sought regarding detail marks awarded in Civil Services Examination - Examination held by UPSC - Information sought with regard to marks in Civil Services Exam cannot be directed to be furnished mechanically - Furnishing raw marks will cause problems as pleaded by UPSC, which will not be in public interest -..........
