Central Excise Act, 1944, Section 11, Customs Act, 1962, Section 142, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13A -- Customs Attachment Rules, 1995 - Excise duty - Liability - Recovery and auction letter issued by Central Excise Department against petitioner/purchaser - Mere purchase of some of..........
Service -- Banking service - Re-fixing of salary - Decision making process - Decision of Standing Committee is a part of decision making in respect of salary payable to employees of Banks - Employee of a Bank has no right that he should be associated with decision making process in respect of fixation of salary - However, if question of reasonableness of salary arise, then..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of tenant - Partition suit - Court suo moto impleaded Manager of Bank as a party to suit, who is tenant - Tenant is neither a necessary party nor a proper party in a suit for partition - Impugned order of impleading tenant in a partition suit, set aside...........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 477A -- Cognizance of offence - Issuance of summons - Cheating - Illegal transfer of huge money - Case based on police report - Police filed second supplementary charge sheet and along with it, number of materials like statement of witnesses, Bank statement of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused did not deny his signatures on cheque in question and that same pertains to his bank account - Court bound to draw presumption in favour of complainant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - At time of presentation of cheque before bank there was no legally enforcement debt or liability in view of mortgage agreement executed between parties in which cheque was to be presented before bank after thirty months -..........
Tender -- Deviation in terms of period of bank guarantee - Material deviation from terms and conditions of tender document was made by respondent No.2, when it furnished a bank guarantee for only 6 months initially - An essential tender condition which had to be strictly complied with was not so complied with - Appellant would have no power to condone lack of such strict..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Potentially of land - Potentiality of the land has to be taken into consideration for assessing market value - Once the land which was acquired had been auctioned itself and was a developed plot of land which had been mortgaged to bank by industrial unit, potentiality of said piece of evidence cannot be lost..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 100 kg Ganja - There are reasonable grounds to believe that petitioner is not guilty of said offence - Entire case so far petitioner is concerned is circumstantial i.e. based solely on disclosure statement of co-accused which is per..........
Criminal Procedure Code, 1973, Section 482, 245(2), Indian Penal Code, 1860, Section 420, 323, 504 -- Quashing of order - Order rejecting discharge application - Cheating - Property dispute - Shares in question right from date of acquisition in the custody of A-1 - Material on record shows that acquisition was from funds of A-1 - Complainant merely alleged that funds came..........
