Agreement to sell -- Specific performance - Plaintiff failed to establish that he is possessing sufficient money to settle amounts in favour of defendant and bank statement of plaintiff shows that he was possessing only Rs.800 in his account - Relief of specific performance not granted to plaintiff - However, there is no prayer for alternate relief in suit, but Court..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has taken different stands as to payment of balance amount as he states that he had withdrawn the amount from bank but no evidence is produced and also states that he had taken loan from a commission agent but not examined as a witness - Plaintiff in his suit claims that defendant did not..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Non-Performing Asset - Sale of secured assets - Third party purchased property along with charge of Bank - Sale proceeds has been made over to secured creditors having first charge does not affect claim of Bank, as after satisfying the claim of said creditors..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of Bank manager along with relevant record - Defence of accused is that cheques were stolen and his signatures are forged - Court vide its earlier order permitted accused to summon Bank Manager with relevant record in his defence - However, when..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of proceedings - Offence by company - Complainant issued sanction letter in respect of term loan facility and sanction letter for rescheduling existing term loan and company executed term loan agreement and other loan related agreements and other accused executed agreement of guarantee and..........
Agreement of re-conveyance -- Specific performance - Readiness and willingness - No evidence to show that plaintiff has means to make arrangements for payment of consideration under re-conveyance agreement - Intention of plaintiff not to pay amount as per agreement is clear from application filed by plaintiff though dismissed before competent authority seeking..........
Consumer Protection Act, 1986, Section 2(d) -- Consumer - Insurance claim - Tripartite agreement entered into between Bank, cold store and farmers - Stock of farmers were hypothecated as security with bank - Farmers insured their stock as bank had insisted the same - Insurance policy is taken at the cost of second party which is farmer and the same is beneficiary under..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Destruction of agriculture produce stored in cold store - Liability of insurance company - Plea of exclusion clause in policy - Tripartite agreement Between bank, cold store and farmers - Goods were kept in cold store on payment of rent by farmers - Goods were neither held in trust per se nor..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Destruction of agriculture produce stored in cold store - Liability of insurance company - Non-disclosure of material particulars - Stock in trade was covered for a sum of Rs.30 Crores and premium was charged accordingly - In case insurance company has chosen not to verify the stock it cannot..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Destruction of agriculture produce stored in cold store - Liability of insurance company - Insurance company contended that some of agreements are not genuine - However, as long as parties to agreement i.e bank, cold store and farmers are not disputing correctness of agreement, there is no..........
