Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3) -- Appeal - Condonation of delay - Period of limitation for filing appeal u/s 18 of SARFAESI Act is 30 days as against 45 days u/s 20 of RDB Act - However, there is no express..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3), Limitation Act, 1963, Section 29(2) -- Appeal - Condonation of delay - S.29(2) of Limitation Act has no absolute application to SARFAESI Act as it impliedly excludes..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3), Limitation Act, 1963, Section 29(2) -- Appeal - Condonation of delay - Question as to whether Appellate Tribunal under SARFAESI Act was a Court for the purposes of S.29(2) of..........
Delhi Municipal Council Act, 1994, Section 388(D)(5) -- Teh bazari rights - Order to remove vendors from vicinity of Supreme Court for security reasons - Challenge made by appellant who was running his business in kiosk outside Supreme Court - Said order has been taken after bomb blasts outside High Court - Even though appellant has right to earn livelihood but safety and..........
Succession Act, 1925, Section 372 -- Succession certificate - Jurisdiction - Limited jurisdiction of Court is only to decide as the proper person to whom Succession certificate should be granted - Beyond this, there is no jurisdiction to arrive at finding as to entitlement of asset either in favour of person to whom Succession certificate was granted or a claimant who sets..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt or liability - Cheque issued precisely to secure the debt/liability that may arise under contract on account of accused undertaking the share sale/purchase transactions on credit basis through complainant broker - Cheque in question when presented was in respect of a..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - S.25 of Act has been enacted only to ensure financial security of spouse and for speedy redressal of her claims for permanent alimony, which is in addition to provisions of S.125 Cr.P.C. and the maintenance under Hindu Adoptions and Maintenance Act...........
Arms Act, 1959, Section 17 -- Revocation of arms licence - Mere fact that one criminal case was registered against petitioner, in which he has not used licensed fire arm and was acquitted by trial Court, is no ground to cancel arms licence - Moreover, neither licence was obtained by suppressing any material information nor licensee is a person of unsound mind or is a..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - (a) Obligations of landlord and tenant; (b) Consequences of landlord's refusal/failure to take possession offered by tenant; (c) Liability of tenant to pay rent/mesne profits in such cases; (d) Remedy available to tenant in such cases - (i) tenant is bound to handover vacant and peaceful possession of..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Landlord's refusal/failure to take possession offered by tenant - If a dishonest landlord deliberately delays taking over of possession, tenant should (a) vacate the tenanted premises; (b) take photographs of the vacant premises; (c) seal the property in the presence of a Notary Public and thereafter,..........
