Criminal Procedure Code, 1973, Section 178, 179, 184, Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Passport Act, 1967, Section 12 -- Territorial jurisdiction - Criminal conspiracy - Cheating and forgery - Some offences were committed in India and some outside India - Cause of actions thus,..........
Criminal Procedure Code, 1973, Section 353, 354, Constitution of India, 1950, Article 227 -- Judgment of acquittal - Not available on record - High Court rightly quashed the judgment of acquittal, as mere declaration of result without judgment should be nullified and become extinct - Transfer of case by High Court from Second additional sessions judge to Court of District..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Alienation during pendency of suit - Would always be subject to decision of suit in view of doctrine of lis pendens...........
Evidence Act, 1872, Section 61, Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 53A -- Agreement of sale - Cannot be taken as evidence for want of stamp duty and registration - However, it can be relied upon for collateral purposes such as proving of delivery of possession and status of plaintiff i.e. his possession is lawful or unlawful...........
Transfer of Property Act, 1882, Section 126 -- Gift - Revocation - Donor gifted the suit properties to donee with absolute rights, but retained his right to enjoy the same till his death - After death of donor, donee would get absolute rights in respect of suit properties - Donor had no right to unilaterally execute any revocation deed for revoking the gift - Once donor..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(1), (4), Security Interest (Enforcement) Rules, 2002, Rule 8(5), Constitution of India, 1950, Article 35A, 246, Jammu and Kashmir Transfer of Property Act, 1977, Section 140 -- Enforcement of security interest - Anything that comes in the way of SARFAESI by way..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 17A, 18B, Constitution of India, 1950, Article 246(1) -- Enforcement of security interest - Doctrine of pith and substance - Transfer of property, by way of sale or assignment, is only one of several measures of recovery of a secured debt owing to a bank -..........
Transfer of Property Act, 1882, Section 55(5)(b) -- Statutory charge - Charge of buyer for purchase-money properly paid effective not only against the seller, but also against all persons claiming under him, irrespective of notice of such payment of purchase-money...........
Transfer of Property Act, 1882, Section 55(5)(b) -- Statutory charge - Charge comes into force the moment buyer pays purchase money or any part thereof and such charge would be lost only if the buyer commits default...........
Transfer of Property Act, 1882, Section 54, 58 -- Sale or mortgage - Loan amount - Sale deed in question was executed only as a security for loan - Plaintiff never intended to sell the property to defendants as per sale deed and agreement - Sale deed also not indicating it to be mortgage by conditional sale as per S.58(e) of T.P.Act - It is specifically mentioned in the..........
