Specific Relief Act, 1963, Section 16, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Specific performance of agreement - Whether suit is for land? - In instant case, respondent took possession of assets and later entered into Private Treaty Agreement with appellant for sale of said property by execution..........
Civil Procedure Code, 1908, Section 9, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Jurisdiction of civil Court - As per agreement clause Courts at Mumbai are granted exclusive jurisdiction - Therefore, Civil Courts at Calcutta does not have any jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Proceedings not to be quashed on disputed factual defences of accused such as whether cheque was given as security or not and whether there was outstanding liability or not - Factual defences can only be decided by trial Court after recording evidence of parties...........
Criminal Procedure Code, 1973, Section 156(3), Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Investigation - When a borrower of financial institution covered under the SARFAESI Act, invokes the jurisdiction u/s 156(3) Cr.P.C. and also there is a separate procedure under the Recovery of Debts due to Banks..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Recovery of debt - Tribunal directed petition to deposit Rs.65 lakh with bank - Petitioner deposited Rs.2 Crores with bank in pursuance of interim order of Supreme Court therefore, he is not required to deposit Rs.65 lakh as directed by Tribunal - Directions..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 -- Dispute regarding amount payable by appellant - Matter pending before Joint Registrar of Cooperative Societies - Additional Registrar directed to decide the case within six months from date of intimation of this order - Directions issued...........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption - Initially, complainant has to prove existence of debt and other liabilities and thereafter burden shifts upon accused to prove that cheque was not issued towards discharge of a lawful debt but was issued by way of security or any other reason on account of some business..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque issued towards loan amount as a security - Complainant admitted his relationship with petitioner as commission agent and farmer - Petitioner contended that complainant was in a dominating position and had been advancing loans after getting their signatures on blank papers/cheques and..........
Punjab Security of Land Tenures Act, 1953, Section 9, 14, 14A, 18 -- Ejectment - Tenancy - High Court committed error by holding that tenant of agricultural holding becomes a trespasser after expiry period of tenancy - Moreover, procedure for eviction of tenant in occupation of building by approaching civil Court under Rent Control Act will not be applicable for evicting..........
Punjab Security of Land Tenures Act, 1953, Section 9, 14, 14A, 18 -- Ejectment - Tenancy - Tenant of an agricultural land is liable to be evicted only in manner provided under the Act, notwithstanding any contract on the basis of which tenant occupied possession of land for the purpose of cultivation - Action for eviction of a tenant can be taken before a Revenue Authority..........
