Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Operation of provisions of Section 22 - Effect - Proceedings covered by Section 22 stand stayed and cannot be proceeded with - Board to be moved to seek permission to proceed with the proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside exparte proceedings - Applicant old man of 85 years - On the date fixed in the case applicant was sick and even medical certificate has been appended - Applicant could not inform his counsel and thus the costs even were not paid on the date fixed - Keeping in view these factors past conduct does not assume much..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside of ex parte proceedings - Ordinarily if there are reasons beyond control and application submitted subsequently - Past conduct does not assume much importance - On the date of hearing, defendant was sick (medical certificate appended), could not appear in Court nor inform his counsel and thus costs even were not..........
Negotiable Instruments Act, 1881, Section 138 -- Company - Effect of S.22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 on a proceeding initiated under S.138 - S.22(1) does not take within its sweep the criminal prosecution against the company...........
Civil Procedure Code, 1908, Order 26, Rule 1 -- Sick person - Examination by Local Commissioner - Sick person not residing within the local limits of jurisdiction of trial Court - Provisions of O.26.R.1 not applicable...........
Civil Procedure Code, 1908, Order 29, Rule 3, Civil Procedure Code, 1908, Order 26, Rule 4 -- Suit against Company - Examination of Managing Director, who is sick person - Examination by Local Commissioner - Not necessary in the interest of justice as General manager can depose necessary facts and can be examined - Order of trial Court dismissing application, upheld...........
Criminal Procedure Code, 1973, Section 438, 439 -- Anticipatory bail - Petitioner a sick person - Not enough to claim pre-arrest bail order - Considerations to be weighed with the Court for grant of pre-arrest bail are materially different from post arrest bail application...........
Bank guarantee -- Bank guarantee has to be honoured by Bank - The Bank giving such a guarantee is bound to honour it as per its terms irrespective of any dispute raised by its customer - There are two exceptions (1) Fraud in connection with such a bank guarantee (2) Where allowing the encashment of an unconditional bank guarantee would result in irretrievable harm or..........
Consumer Protection Act, 1986, Section 12, 17 -- Banking service - Loan facilities - Concessions in interest in terms of R.B.I. guidelines claimed on the ground of being a sick unit - Various loan facilities availed by complainant - Complaint dismissed by State Commission holding that matter could be settled only after taking accounts - Only civil Court could go into the..........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 17, 22 -- Prosecution of a Company for an offence u/s 138 is not prohibited by S.17 of Sick Industrial Companies (Special Provisions) Act...........
