2018 (6) TMI 903
Jurisdiction - appropriate forum to decide the issues concerning the mortgaged/secured property - Restrain the Bank from proceeding with the auction of the subject flat stood - Held that - Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, clearly bars filing of a civil suit - For, no civil court can exercise jurisdiction to entertain any suit or proceeding in respect of any mat....... + More
2018 (6) TMI 901
Principles of Natural Justice - non-appraisal of evidences on record - dishonor of cheque - Money Lending Business - Held that - The learned trial Court has not appraised the entire evidence on record in a wholesome and harmonious manner apart therefrom the analysis of the material on record by the learned trial Court, suffers, from, a gross perversity or absurdity of mis-appreciation and non appreciation of evidence on record - appeal allowed........ + More
2018 (6) TMI 900
Jurisdiction - whether the Court in such like cases can set aside the judgments of conviction and sentence where the petitioner has been charged under Section 138 of the Act? - Held that - Since, the petitioner has already paid the entire compensation amount, therefore, quashing of the complaint initiated at the instance of complainant/respondent No.1 would be a step towards securing the ends of justice and to prevent abuse of process of the Cour....... + More
2018 (6) TMI 816
Validity of statutory demand notice dated 10.06.2016 - Held that - In this case, in the statutory notice dated 10.06.2016, the complainant has clearly given the description of the two cheques for ₹ 5 lakhs each. Of course, the complainant has added another cheque for ₹ 2 lakhs and has totally demanded ₹ 12 lakhs from the accused. However, in the complaint and in the sworn statement, the complainant has rested his case only on th....... + More
2018 (6) TMI 815
Time Limitation of filing complaint - contention of the petitioners is that since the cheques were returned on 18.12.2009 and the complaint is filed only on 18.02.2010, the complaint is barred by limitation - Held that - The complainant has received intimation from the bank with regard to the dishonour of cheque on 18.12.2009. He has issued the first notice on 28.12.2009 and since the notice was not served to the accused, he issued another notice....... + More
2018 (6) TMI 346
Drugs Trafficking - possession of contraband - Bail Application - Sections 21 and 22 of NDPS Act and Sections 307, 34, 427 of IPC - whether the recovery of contraband effected from the petitioner amounts to commercial quantity or otherwise? - Held that - Drug peddlers for a small monetary consideration make the youth to use drugs for a small time excitement/kick. The drug peddlers have successfully destroyed the social fabric of our society and l....... + More
2018 (6) TMI 13
Inheritance of property - Execution of sale deed of subject properties in favor of appellant - HUF - defendant was not the sole owner of the subject properties but he was only a karta of the HUF which owned these properties - whether inheritance of property would construe HUF properties or self acquired properties? - Held that - Since Sh. Prithvi Singh/late defendant no.1 inherited the properties from his father Sh. Ram Singh in the year 1943, in....... + More
2018 (5) TMI 1368
Partition and separate possession of suit properties - concept of ancestral property - whether the appellants were entitled to claim partition in ancestral property in view of the amendment in the Hindu Succession Act, 1956 by adding Section 29-A vide Chapter II-A under the heading of Succession by Survivorship? - Held that - On a plain reading of the newly added provision i.e., Section 29-A of the Act, it is evident that, inter-alia, daughter of....... + More
2018 (5) TMI 1241
Validity of E-auction Sale - validity of Notice issued under Rule 8 (6) of the Rules, 2002 dated 23-09-2016 and 03-11-2016 issued by the Respondent Bank against the alleged secured assets - petitioners argue that the writ petition is maintainable as the statutory alternative remedy proved to be ineffective and that pendency of the same would not bar his clients from invoking the extraordinary jurisdiction of this Court under Article 226 of the Co....... + More
2018 (5) TMI 1140
Non-compliance with pre-deposit - whether the order of the National Company Law Appellate Tribunal dismissing the main appeal itself of the appellant herein for non-compliance of the direction to deposit the amount as a condition for grant of stay, is justified and legal? - section 53B of the Competition Act, 2002. - Held that - provisions of Section 53B of the Act confers a right upon any of the aggrieved parties mentioned therein to prefer an a....... + More
2018 (5) TMI 1065
Interim bail - Sections 21/25/29 NDPS Act - smuggling of heroin - bail is sought on the ground that the wife of the petitioner is unwell and the family of the petitioner comprises of his aged father, wife and eight children - Held that - States report has been filed, which though does not confirm that the wife of the petitioner has tuberculosis, however, confirms the structural picture of the parental house of the petitioner. The picture depicts ....... + More
2018 (5) TMI 1064
Bilateral investment treaty arbitrations - Jurisdiction and approach of National Courts or on the nature of arbitrations under such treaties - As the number of investment treaty arbitrations have grown, concerns over the investment treaty system have arisen. These concerns include a perceived deficit of legitimacy given that States are being judged on their conduct by private non-elected individuals. Concerns have also arisen in respect of incons....... + More
2018 (5) TMI 1063
Surrender of license to sell Liquor - Recovery of licence fee in addition to the basic licence fee consequent to surrender of licence for country made liquor by the petitioner - contention of the learned counsel for the petitioner is that as a result of surrender of such licence all that can be forfeited/ recovered from the petitioner is the basic licence fee and security amount and not the fee payable by him in respect of the Monthly Minimum Gua....... + More
2018 (5) TMI 991
Recovery of amount for supply of goods to partnership firm - the only ground urged before this Court in this appeal, was that the goods which were supplied by the respondent no.1/plaintiff to the appellants/defendant nos.1 and 3 were defective and hence the respondent no.1/plaintiff was not entitled to the amount - Held that - neither in the leave to defend application nor in this Court documents have been filed showing any RFA No.401/2018 Page 5....... + More
2018 (5) TMI 990
Entitlement to Executive Car Facility - petitioner-Kulranjan Toppo is holding the post of DGM (IT) in the Grade Pay of ₹ 7600/- and petitioner-Sunil Dwivedi is holding the post of DGM (Finance) in the same Grade Pay - Held that - All that is required as per respondent s Executive Car Policy (Annexure-4) is that the concerned Officer has to be DGM (M3a). It is not the case of respondent that petitioners are not DGM (M3a). It is matter of rec....... + More
2018 (5) TMI 989
Genuinity of petitioner - Allotment of flat to petitioner, wife of Late Sh. Gurdial Singh, who had applied for allotment of MIG flat under the New Pattern Registration Scheme, 1979 - It is the case of the petitioner that the non-allotment of the flat to the petitioner and withdrawal of the earlier decision on the basis that the case is not covered under the wrong address policy is absolutely illegal and without merit - whether the respondent was ....... + More
2018 (5) TMI 988
Detention of petitioners - Smuggling - COFEPOSA Act - detention of the petitioners stand vitiated on account of non supply of either the printed copies/ hard copies of the documents contained in the CDs. - Held that - It is well settled in law that the RUDs are an integral part and parcel of the GOD. The GOD contains the reasons and justification provided by the Detaining Authority on the basis of which he arrives at his subjective satisfaction r....... + More
2018 (5) TMI 839
Suit for recovery of borrowed amount alongwith interest - execution of promissory notes - burden of proof - Whether the suit promissory note is true, valid and supported by consideration? - benefits of Act 45 of 1987 and Act 1 of 1990. - Held that - The instant case is a converse case, where, though the plaintiff did not enter the witness box, but the facts were spoken by PW.1 on behalf of the plaintiff and the case of the plaintiff to the extent....... + More
2018 (5) TMI 790
Direction to call for the records - Dishonor of cheque - Section 138 of Negotiable Instruments Act - Held that - the petitioners though received the notice dated 27.12.2008 as is evidenced by the postal acknowledgments cards, did not issue any reply denying their liability - In the instant case, the complaint is very clear as to the role played by the 1st accused. The other allegations levelled by the petitioners are disputed facts. Inherent powe....... + More
2018 (5) TMI 789
Cognizance of offence - Cheque bounced - petitioners filed a motion seeking discharge on the grounds that the complaints are premature for the reason that the same have been filed before the expiry of the stipulated period of (15) days, as provided under the Statute, for making payment from the date of the receipt of the said notice - Held that - the learned counsel representing the respondents admitted that the respondents have erred in law in f....... + More
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