Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Limitation Act, 1963, Section 14(2) -- Delay in filing appeal - Condonation of - Applicability of S.14(2) of Limitation Act - As per facts one petition was filed to challenge demand notice and other to challenge sale notice - As per S.14 of Limitation Act, time..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, Insolvency and Bankruptcy Code, 2016, Section 14, 31, Indian Contract Act, 1872, Section 128 -- Proceedings against guarantor - Under SARFAESI Act when proceedings under IBC have been initiated against principal borrower and same pending adjudication -..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 -- Appeal - Delay in filing - Condonation of delay - Neither DRT has power to condone delay while exercising powers u/s 17 of SARFAESI Act nor High Court can extend time of limitation for entertaining application u/s 17 of SARFAESI Act...........
Constitution of India, 1950, Article 226, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 -- Writ petition - Time barred application u/s 17 of SARFAESI Act - Maintainability - There is no statutory provision in SARFAESI Act to condone delay in taking recourse to remedy prescribed by S.17 of the Act - Still..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- Loan - Recovery of debt - Quashing of demand notice - Notice u/s 13(2) of the Act was served on respondent on same pattern of letter head which is being ordinarily used by appellant in its correspondence with its customers - Trivial and technical objection..........
Registration Act, 1908, Section 17, 49 -- Proviso - Un-registered document - Can be received as evidence of some other fact which does not relate to a transfer of an interest in an immovable property...........
Registration Act, 1908, Section 17, 49 -- Proviso - Un-registered release deed - Can be received in evidence only to that portion relating to bequest and marked only for limited purpose of establishing admission of defendants regarding bequest with a clear condition that un-registered release deed cannot be used as evidence of any transfer of interest in an immovable..........
Natural justice -- Where procedural and/or substantive provisions of law embody principles of natural justice, their infraction per se does not lead to invalidity of orders passed - Prejudice must be caused to litigant, except in case of a mandatory provision of law which is conceived not only in individual interest but also in public interest...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Restraining Municipal Committee from interfering into possession of plaintiff over suit property - Petitioner is neither owner nor in possession of suit property - He cannot seek impleadment merely on basis that Municipal Committee not contesting suit properly - In case..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Modification of sentence - Accused does not have criminal antecedent - Injuries were not grave - Incident occurred at spur of moment - Balancing aggravating and mitigating factors, interest of justice would be served if sentence of accused is modified and is directed to suffer R.I for 7 years and pay a fine of..........
