Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Recovery of dues - Petitioner`s father/owner of entire extent of land secured loan from Bank by executing a mortgage deed - Landed property devolved on all his four sons, including petitioner - Such devolution was subject to mortgage created by father -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning record from Bank - Evidence which complainant wants to produce is relevant and necessary for just decision of case - Application u/s 311 Cr.P.C. can be filed at any stage - Court should not go into technicalities of law and should do substantial..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Territorial jurisdiction of Court - Court where bank of payee where cheque is presented for payment is situated, would have territorial jurisdiction to entertain complaint, as per amended provisions of the Act...........
Hindu Adoptions and Maintenance Act, 1956, Section 3(b), 18, 22, 23 -- Maintenance - Salary of husband is Rs.30,000/- p.m and a Government quarter is allotted to husband - Court directed husband to pay petitioners interim maintenance of Rs.12,000/- p.m during pendency of petition before trial Court - Further, sum shall be deposited by employer (State of Haryana) of husband..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- Non-performing assets - Non-issuance of notice - Notice required to be issued to petitioner under the provisions of the SARFAESI Act by the bank before declaring its account as NPA...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Plea of accused that he informed bank authority of forceful taking of cheques by complainant immediately after occurrence - Plea not proved, there being no supporting evidence either oral or documentary - Moreover, his contention..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12, 14 -- Production of documents - Suit for possession, mesne profits and permanent injunction on the basis of gift deed executed in favour of plaintiff by her mother - Documents regarding bank statement and details of cheque pertaining to payment in question was sought by plaintiff - Payment in question establishing..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Bank Manager of a nationalized bank - Not removable by or save with the sanction of Government - Not covered u/s 197 Cr.P.C...........
Syndicate Bank (Employees') Pension Regulations, 1995 -- Clause.22(2) - Denial of pensionary benefits - Interruption in service - Forfeiture of past service - Appellant initially joined as Law Officer in Bank, and while on deputation appointed as Presiding Officer, DRT - No Objection Certificate was obtained from Bank by appellant - Fact that appellant did not report back..........
Agreement to sell -- Specific performance - Readiness and willingness - Neither on date of sale agreement, nor on expiry of terms of contract or on date of filing suit, plaintiff had requisite funds to pay balance sale consideration - Even, plaintiff not produced details of her bank account - Readiness and willingness on the part of plaintiff not proved - Relief of..........
