Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35, Maharashtra Rent Control Act, 2000, Section 15 -- SARFAESI ACT & Rent Control Acts - Overriding effect - Provisions of SARFAESI Act cannot be used to override the provisions of Rent Control Acts to allow a Bank to evict a tenant from the tenanted premise, which..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35 -- Overriding effect - Expression `any other law for the time being in force' as appearing in S.35 of SARFAESI Act cannot mean to extend to each and every law enacted by Central and State legislatures - It can only extend to the laws operating in the same field..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(A), Criminal Procedure Code, 1973, Section 436(i) -- Bail - Indigent person - Recovery of small quantity of ganja - If person, who is detained, is indigent person, and is unable to furnish security, instead of taking bail from such person, Court shall discharge him on his executing bond without..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(9), 9, Companies Act, 1956, Section 529, 529A -- Sale of secured assets by secured creditor - Power of Company Court - SARFAESI Act is a complete code in itself - Required provisions of Companies Act have been incorporated in SARFAESI Act for harmonizing both..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- SARFAESI Act is a complete code in itself and there is no lacuna and ambiguity - Therefore, it overrides the effect of other laws, including the Companies Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Presumption - It amounts to acknowledgment of liability on part of drawer that cheque holder may use security as alternate mode of discharging his liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - It is acknowledgment of liability on part of drawer that cheque holder may use security as alternate mode of discharging his liability - In the instant case, if cheque is taken as security cheque, then accused has made himself liable as he has not sent any payment to complainant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards repayment of loan - Particular of loan as to when it was given and amount of loan not disclosed - Defense of accused that cheque was given by way of security and misused by complainant is certainly plausible - Accused rebutted the presumption - Accused rightly acquitted...........
Registration Act, 1908, Section 17(1)(c) -- Memorandum of deposit of title deeds - Does not require registration, if it is a simple document depositing title deed as a security - But when it authorized the lender to take action for recovery of money on the basis of such deposit of title deed, it requires registration and stamp duty...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Capacity to advance loan - Neither loan shown in income tax return nor in any other document - Even, no security document was taken at the time of lending the loan - Moreover, no source of huge amount of Rs.3,50,000/- has been disclosed by complainant -..........
