A Hindu widow has only restricted powers of alienation with regard to the properties she inherited from her husband and it is only under exceptional circumstances, that she can confer an absolute […]
The concept of apartment ownership has now since developed and is an established proposition. It is an advance form of joint ownership or co-ownership of a property. The partition means a partition […]
A. K. Gopalan vs State of Madras The term “Law” in Art. 21 means the immutable and universal principles of natural justice. “Procedure established by law” must be taken to refer to […]
The Salwa Judum, which began in the Dantewada District in 2005, has been represented by the State Government as a spontaneous peoples’ movement against the Maoists active in the area.
In the New Testament inter alia some verses pertain to ‘truth’ has come, but those are not positive commands for speaking truth. The word ‘truth’ came in the sense of witnessing Jesus […]
Presence of Salwa Judum questioned SUPREME COURT OF INDIA DIVISION BENCH ( Before : Surinder Singh Nijjar, J; B. Sudershan Reddy, J ) NANDINI SUNDAR AND OTHERS — Appellant Vs. STATE OF […]
The petitioners did not get the benefit of indefensible rights of bail under Section 167(2) Cr.P.C. as the time was extended by the trial Court within the period of 90 days. It […]
17. Section 17 of the SARFAESI Act reads as under: “17. Right to appeal.–(1) Any person (including borrower) aggrieved by any of the measures referred to in sub-section (4) of Section 13 […]
The remedy to a borrower who received possession notice u/s 13(4) SARFAESI Act is to file an appeal to Debts Recovery Tribunal within 45 days
DELHI HIGH COURT SINGLE BENCH ( Before : Dr. S. Muralidhar, J ) SOMNATH MANOCHA — Appellant Vs. PUNJAB AND SIND BANK AND OTHERS — Respondent Writ Petition (C) 7228 of 2005 […]
The SARFAESI Act was intended to provide an additional remedy to a financial institution to recover its debts. The Statement of Objects and Reasons of the SARFAESI Act acknowledged that the existing […]
Section 17(1) of the SARFAESI Act provides as under: “17 (1) Any person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 taken by the […]
It is a settled position of law that once tenancy is created, a tenant can be evicted only after following the due process of law, as prescribed under the provisions of the Rent Control Act. A tenant cannot be arbitrarily evicted by using the provisions of the SARFAESI Act as that would amount to stultifying the statutory rights of protection given to the tenant….
Liability of the surety is co-extensive with that of the principal debtor if the latter liability is scaled down the liability of the surety will accordingly stand reduced or even extinguished. The […]
Debts Recovery Tribunal has the authority to nullify any action taken wrongfully u/s 17 of the SRFAESI Act.
The Debts Recovery Tribunal has an authority even to invalidate or nullify any action already taken if it is established that any error or wrongful use of the powers has been established before it, invoking u/s 17 of the SRFAESI Act.