Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(1) -- Recovery of Debts Due to Banks and Financial institutions Act, 1993, Section 17(1) - Debts Recovery Tribunal (Procedure) Rules, 1993, Rule 7 - Court fee - Held that till rules are framed in terms of Section 17(1) of the Act of 2002, the fee payable would..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Recovery of Debts Due to Banks and Financial institutions Act, 1993, Section 19 - Recovery proceedings - Election to seek remedy - Held that Bank or financial institutions has to elect its remedy to either proceed under the 1993 Act or to withdraw such..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4), 13(8), 17 -- Security Interest (Enforcement) Rules, 2002, Rule 9(9) - Held that the borrower or any other person in possession of the immovable property cannot be physically dispossessed at the time of issuing notice u/S.13(4) of the Act so as to defeat the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint alleged to be false and filed with ulterior motive - Complainant of its own or on getting opportunity can drop proceedings against certain accused - If complainant does not voluntarily drop proceedings then in that event Court while deciding the matter finally can pass observations or..........
Haryana Municipalities Act, 1973, Section 50 -- Contract Act, 1872, Section 70 - Equitable compensation - Suit for recovery of amount for carrying out work of Municipal Committee by contractor - Plea of the defendant appellant contract for work was exceeding Rs.500/- was required to be in writing and was required to be signed as per the provisions of Section 50 of the..........
Transfer of Property Act, 1882, Section 54 -- Transfer of property - Held that in the absence of any overt proof of delivery of possession, transfer of sale of a property shown to be less worth less than Rs.100/- cannot be complete within the meaning of Section 54 of the Transfer of Property Act, 1882...........
Transfer of Property Act, 1882, Section 54 -- Sale of immovable property - Held that the possession contemplated in Section 54 of the Act is actual physical possession - It is not sufficient to show that there was constructive or symbolic possession because the words used in the Section are `delivery of tangible immovable property takes place when the seller places the..........
Probation of Offenders Act, 1958, Section 4 -- Criminal Procedure Code, 1973, Section 357 - Penal Code, 1860, Sections 218 and 120-B - Probation -Compensation - Offence u/S.218/120-B IPC - Incident 25 years old - It is not proper to send petitioners to custody at this stage - Complainant can sufficiently be compensated with compensation - Petitioner will be released on..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Transferee pendente lite - Impleadment - Principles governing : Firstly, for the purpose of impleading a transferee pendente lite, the facts and circumstances should be gone into and basing on the necessary facts, the court can permit such a party to come on record, either under..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Post Offices Act, 1989, Section 6 - Postal Service - Registered letter sent by BSF authorities contained bank draft - Non-delivery of - Letter remained untraced despite a period of two years - Duplicate Bank draft prepared by BSF authorities and received by complainant after two years - No allegation of fraud or willful act..........
