Indian Penal Code, 1860, Section 420, 120B, 34 -- Cheating - Quashing of FIR - Matter purely civil in nature - Case is of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of property, is not borne out from record - FIR itself do not disclose any cognizable..........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Cheating - Quashing of FIR - Matter purely civil in nature - Case is of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of property, is not borne out from record - FIR itself do not disclose any cognizable..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Security Interest (Enforcement) Rules, 2002, Rule 8(6), 8(7) -- Auction sale - Setting aside - Mandatory notice of 30 days was not given to the Borrower before holding the auction/sale as admitted by Bank - Setting aside of auction/sale cannot be faulted with -..........
Right of pre-emption -- Property in question is joint property as claimed by plaintiff - Defendants had not given any notice to plaintiff before selling the suit property as mandated under law - Plaintiff thus, had pre-empatory right to purchase the suit property...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of JD - JD disobeying the order of attachment, sold away the property to third parties during the pendency of suit and prior to filing of execution petition - JD thus, had sufficient means to pay decretal amount - Plea of JD seeking extension of six months time is not acceptable, as executing..........
Adverse possession -- Plaintiff did not aver and establish the date since when he was in possession over suit property hostile to the title of landlord - Suit rightly dismissed...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Easements Act, 1882, Section 15 -- Easement - Right of way - Plaintiff contended that he acquired easementary right under sale deed - However, property owned or possessed by plaintiff originally belonged to original owner which was acquired by Government - No evidence on record that government ever transferred any easementary right over rasta in dispute to auction..........
Transfer deed -- Conveyer having no title over the property - Specific declaration that document is invalid is not necessary...........
