Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(a) -- Preferential payment in respect of Workmen's dues - Recovery proceedings initiated by secured creditors u/s 13(4) of the SARFAESI Act out of assets of company - Held, unless company is ordered to be wound up or proceedings for winding is pending, Workmen..........
Companies Act, 1956, Section 529A -- Preferential payment in respect of Workmen's dues - Recovery proceedings initiated by secured creditors u/s 13(4) of the SARFAESI Act out of assets of company - Held, unless company is ordered to be wound up or proceedings for winding is pending, Workmen neither entitled to raise objection against proceedings brought by secured..........
Consumer Protection Act, 1986, Section 25(3), 27 -- Execution proceedings - Refund of deposit - Interest - Contentions of the complainant for enhancement of rate of interest or altering mode from simple to compound interest - Executing Court cannot go behind the decree - Since the original order was not challenged by the complainant at appropriate stage, and execution..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Both accused found sitting on bags each containing 30 kg. of poppy husk - Appellant convicted u/s 15(c) - Co-accused acquitted - Appellant pleaded recovery of only 30 kg. from his possession - Recovery is non commercial - Conviction converted to S.15(b) of the Act...........
Indian Penal Code, 1860, Section 395, 397, Arms Act, 1959, Section 25 -- Dacoity committed by four person - Police was informed by complainant that his daughter-in-law managed to escape from the house and informed that 5-6 persons have entered in their house causing injuries to his wife and took away jewellery and cash - Conviction set aside on the following grounds : (a)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), 22, 50 -- Ganja and Heroine - Recovery of two small packets of brown sugar from pocket of Kurta and Ganja recovered from a plastic bag carried by accused in his hand - Evidence of investigating officer coherent with regard to compliance of provision of section 50 - Independent witnesses failed to support..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Conscious possession - Recovery of two bags of poppy husk from the place which was a thoroughfare and that accused was standing near the bag - Held, it cannot be said that accused was in conscious possession of the bags - Moreover, independent witnesses were not joined though available and seal after used..........
Evidence Act, 1872, Section 101, 104, Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery of money - Suit for - Burden of proof - Shifting of - Held, in a suit for recovery of amount, burden lies on plaintiff to prove that he gave suit amount to defendant - But in view of admission and no, issuance of any reply by defendant, burden shifts to defendant to prove that he..........
Limitation Act, 1963, Section 12(1), 4 -- Recovery of money - Suit for - Limitation - Defendant borrowed the amount on 01.03.1996 - He issued letter of acknowledgement of the said amount on 14.03.1996 - Limitation starts from the date of acknowledgment of debt i.e., on 14.03.1996 but not from the date of receipt of amount - As such, limitation of three years period ends by..........
Civil Procedure Code, 1908, Order 37, Rule 1, Stamp Act, 1899, Section 36 -- Recovery of money - Suit for - Admissibility of evidence - Defendant clearly admits receipt of Rs.6,00,000/- but failed to prove that he has taken that amount for purchasing of landed properties on behalf of plaintiff and not as a debt as alleged by him - Plea of inadmissibility into evidence of..........
