Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 14, 17, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 14 -- Recovery of debts by bank - Proceedings against surety and guarantors - Held, liability of guarantor and principal debtor is co-extensive and not in alternative - Bank..........
Constitution of India, 1950, Article 226, 136, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 14, 17 -- Recovery of debt by bank - Surety filed writ petition under Article 226 and obtained injunction order from the High Court - Held, that while passing stay order adversely affecting rights of the bank to recover debt, High Court should..........
Constitution of India, 1950, Article 226, 136, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 14, 17 -- Writ jurisdiction - Recovery of debt by bank - High Court should not pass interim stay order - It should insist the petitioner first to exhaust effective alternative remedy which was available to the petitioner under Section 17 of SARFAESI..........
Constitution of India, 1950, Article 226, 136 -- Writ jurisdiction of High Court - Ordinarily Supreme Court does not interfere with the discretion exercised by the High Court - However, where entertaining writ petition and passing of the interim stay order has the effect of defeating the very object of the legislation enacted by the Parliament for ensuring that there are..........
Criminal Procedure Code, 1973, Section 100 -- Independent witnesses - Joining of - Recovery of weapon of offence - Knife recovered during investigation - No public witness joined by police before effecting recovery - Held, immaterial - Common man is reluctant to join such raiding parties organized by the police, lest they are compelled to attend police station and courts..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Sale deed duly registered - Subsequently Joint Sub Registrar forwarded letter to Collector that sale deeds bear deficient stamp duty and that stamp duty is recoverable u/s 47-A of the Act - Collector summoned petitioner and passed order of recovery of the alleged deficient stamp duty on the ground that the sale..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - Suit for specific performance - Suit decreed for alternative relief for recovery - Objection petition by L.R's of J.D. that sole residential house is exempt from attachment and sale - Held, protection u/s 60(1)(ccc) is available to J.D. and not the legal heirs of J.D...........
Prevention of Corruption Act, 1988, Section 13(a)(ii), 7 -- Illegal gratification - Recovery of tainted currency notes - Shadow witness not examined - No reason assigned for his non examination - Demand was made in presence of shadow witness - Bribe money was paid in his presence - Members of raiding party swung into action on signal by shadow witness - It was the shadow..........
Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 7 -- Punjab Civil Service Rules, Vol - Punishment - Cut in pension - Recovery of loss - Principles of natural justice - Petitioner not afforded full and fair opportunity to contest the proposed action against him - It is a case where the Enquiry Officer had exonerated the petitioner - The punishing authority..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(c) -- Recovery of 4.800 gms of charas - Conscious possession - Recovery from a bag found kept on roof of bus - No consistent and creditworthy evidence that bag belonged to accused who was travelling in the bus - Held, conviction cannot be sustained...........
