State Financial Corporations Act, 1951, Section 29 -- Financial institution exercises power under section 29 to recover their dues either by transfer, sale and/or handing over management - It does not become owner of property of the principal debtor...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Scope - Provision applies where commission of offence is in any building or conveyance of enclosed place - Provision comprises of two components - One relates to basis of information i.e., (i) from personal knowledge and (ii) information given by person and taken down in writing - Second is that..........
Punjab Municipal Corporation Act, 1976, Section 93(b), (c) -- Property tax - Assessment of - Contention that the Assessing Authority determined the annual rental value of the building on the basis of actual rent received, totally ignoring the provisions of the Rent Act - Matter remanded to the Municipal Corporation for determination of the rateable value of the property in..........
Punjab Land Revenue Act, 1887, Section 72(4), 66 -- Attachment of property - Arrears of tax - Non payment of - Amount of arrears as certified by the Assistant Collector stood paid - There is no order of attachment on account of no, payment of arrears of any other kind - The respondents held duty bound to revoke the attachment and hand over the management of the assets to..........
Punjab New Mandi Township (Development and Regulation) Act, 1960, Section 13(2), 13(3) -- Resumption notice - Non-payment of installment - Both the show-cause notices were in terms of Section 13 of the original Act and not in conformity with the provisions of Section 13 of the amended Act - Order regarding resumption of plot and forfeiture of money already paid held not..........
State Financial Corporation Act, 1951, Section 29 -- Constitution of India, 1950, Article 226 - Writ Jurisdiction - Interference by High Court under writ jurisdiction in matter of taking over the writ of defaulting borrower under Section 29 of the State Financial Corporation Act - Case law discussed and legal principles called out...........
State Financial Corporation Act, 1951, Section 29 -- Constitution of India, 1950, Article 226 - Writ Jurisdiction - Interference by High Court under writ jurisdiction in matter of taking over the writ of defaulting borrower under Section 29 of the State Financial Corporation Act - Case law discussed and legal principles called out...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Jurisdiction - Additional Director Consolidation - It has no jurisdiction, whatsoever to ignore order passed by the competent civil court and also by the revenue authorities under the provisions of the Punjab Land Revenue Act, 1887 - It is not open to him to interfere and decide..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Limitation - Application under Section 42 of the Act moved after a period of more than 2 decades - No sufficient reason shown for keeping mum for long period - Application cannot be entertained at belated stage...........
Civil Procedure Code, 1908, Section 105, 115, Order 41, Rule 1A -- Interlocutory order - Revision - Argument that order closing evidence of plaintiff by trial Court had attained finality and is not appealable repelled - Held that the nature of the order would be covered by the sweep of Section 105 and order 43 Rule 1A CPC - It cannot be concluded that the order is not..........
