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 -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Property in question jointly inherited by plaintiff and defendants Nos.1 to 15 and 17 to 21 from their paternal uncle - Status of plaintiff and said defendants was as co-owners of suit property as Class-II legal heirs - Defendant No.1 failed to prove that he is exclusive owner of suit property on..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4 -- Maintenance to divorced wife - Divorced Muslim wife is entitled to get maintenance from her ex-husband after Iddat period - In the instant case, ex-husband was one government employee and has been re-employed - Taking into account the fact that wife is enjoying the usufructs of some landed property..........
Gujarat Provincial Municipal Corporations Act, 1949, Section 127 - - Constitution of India, 1950, Entry 49 List II, Art.265, Bombay Provincial Municipal Corporations Act, 1949, Gujarat Local Authorities Laws (Amendment) Act, 2011 - Levy of property tax on mobile towers - Constitutionality of Ss.127(1)(c), 145A of Gujarat Provincial Municipal Corporations Act under scope of..........
Civil Procedure Code, 1908, Order 26, Rule 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, 14, 15 -- Local Commissioner - Second commission - Setting aside of an earlier report - Law as to Commissions summarized viz. (i) There is no provision for setting aside the deposition recorded by the Commissioner or the report submitted thereof U.o.26.Rr.1 to 8 CPC which are dealing..........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Consideration - Presumption - Plaintiff discharged the initial burden of proof that deceased borrowed the suit amount from him under suit promissory note - Presumption can be drawn that promissory note is supported by consideration - Defendants failed to rebut the presumption - Promissory note held, to be..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 -- Scope and object of SC/ST Act: (i) Act enlarges the scope of criminal liability by including several acts or omissions of atrocities which are not covered by IPC or Protection of Civil rights Act; (ii) Act provides protection to SC/STs for various atrocities affecting social disabilities,..........
Constitution of India, 1950, Article 19(1)(a), 105, 14 -- Freedom of speech and expression - Violation of - Condemnation of blog posted by Retired judge of Supreme Court by Parliament - Said Judge described Mahatma Gandhi as British agent and Netaji Subhash Chandra Bose was Japanese Agent in his blog - It is to be considered that posts related to two famous personalities..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami Property - Merely because property was acquired by father in the name of his son, that by itself would not make the father as owner of said property, particularly when there is no evidence on record that real owner was father - Moreover, in revenue record property stood in the name of son - First appellant..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Without seeking relief of possession - Suit is maintainable, where defendants illegally constructed the structure on suit property, as relief of demolishing the illegal structure in substance was for possession of property...........
