Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Possession u/s 14 of the Act - Transfer of secured asset by creditor - Only secured creditor can maintain an application of possession u/s 14 of the Act - Transfer of secured asset by creditor who only had symbolic possession of property and not having actual..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Corporate loan - Recovery - Auction sale - Fraud and collusion between creditor and auction purchaser - Property was purchased by auction purchaser in pursuance of a public auction - Entire amount of sale consideration deposited by auction purchaser -..........
Indian Penal Code, 1860, Section 392, 412 -- Robbery - Dishonestly receiving stolen property - Stolen cash was recovered from accused soon after robbery - No explanation was given for the same - Failure on the part of accused to account for currency notes which bear signatures of bank personnel and were shortly recovered after robbery unerringly points towards guilt of..........
Hindu Succession Act, 1956, Section 25 -- Inheritance - Murder - Disqualification - Appellant is debarred from inheriting property of deceased, who was killed on account of fatal blow given by appellant, even though his conviction altered from S.302 IPC to S.304(Part I) IPC...........
Nomination -- Intestate succession - Nomination does not alter the course of succession under personal law of parties and that a nominee is no more than an agent authorized to receive the property for eventual distribution among legal heirs...........
Nomination -- Even in respect of a co-operative society, nomination to membership or even to allotment does not tantamount to testamentary or intestate succession to property under allotment - Mere nomination by a member of co-operative society does not enable the nominee to claim succession to property to the exclusion of legal heirs who are otherwise entitled to succeed...........
Nomination -- Intestate succession - Suit for partition - Suit property acquired by original allottee, `G' by virtue of being a member of co-operative society - After death of `G' property transferred to his wife, being the nominee - No document to show by whom remaining instalments were paid - Even if plaintiff-son of allottee, made payment of remaining instalments, such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Defendant by way of amendment trying to withdraw admission made in written statement regarding half share of plaintiff in suit property - This would cause grave and irretrievable prejudice to plaintiff, who would be displaced completely in the event amendment is allowed -..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 448 -- Cancellation of bail - Cheating - Property dispute - Dispute between parties is of civil in nature, as civil proceeding pending in Civil Court - Accused are in possession of property in dispute and they got injunction order by competent Court in their favour -..........
Civil Procedure Code, 1908, Order 15, Rule 1, Specific Relief Act, 1963, Section 6 -- Disposal of suit on first hearing - Suit for restoration of possession u/s 6 of S.R Act - Suit property not disputed to be rented out to plaintiff - Defendants admitted that they locked suit premises without taking recourse under law available to them - Suit was preferred within 6 months..........
