INDERJEET PAHWA V. STATE OF HARYANA, 2021 PLRonline 5200
PUNJAB AND HARYANA HIGH COURT Before: Justice G.S. Sandhawalia INDERJEET PAHWA V. STATE OF HARYANA CWP No.15984 of 2021 09.09.2021...
Sarfaesi S. 17, 13(4) – The “appeal” under section 17 is available to the borrower against any measure taken under section 13(4) – Taking possession of the secured asset is only one of the measures that can be taken by the secured creditor
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (2002), Ss.17, 14, 13(4) – Appeal against order...
Insurance – Repudiation – An insurance company cannot travel beyond the grounds mentioned in the letter of repudiation in the consumer complaint .
Insurance - Whether appointment of a surveyor can be construed as a waiver of the terms and conditions of the...
Insurance – Whether appointment of a surveyor can be construed as a waiver of the terms and conditions of the insurance policy
- Repudiation - An insurance company cannot travel beyond the grounds mentioned in the letter of repudiation - If the...
Sarfaesi S .14, 13(4) – Security Interest (Enforcement) Rules , 2002, R.8 – Receiver appointed by the Magistrate is not required to follow Rule 8
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, S .14, 13(4) – Security Interest (Enforcement)...
LTC is for travel within India, from one place in India to another place in India – Amount received by the employees of the assessee employer towards their LTC claims is not liable for the exemption as these employees had visited foreign countries which is not permissible under the law
LTC - LTC is for travel within India, from one place in India to another place in India - Is...
Sarfaesi S.13(4), 14, 17 – Possession of secured assets – Direct invocation of S.14 while bypassing measures u/s.13(4) – Permissible
. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (2002), Ss.13(4), 14, 17 – Possession of...
Sarfaesi S.14, 17 – Constitution of India, Art. 226 – though appeal lies u/s14, however as respondent chose to challenge the decision of the magistrate by invoking the jurisdiction of the High Court under Article 226 and he does not have any substantive objection, in the instant case would not be entitled to avail the remedy under section 17
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (2002), S.14, 17 – Constitution of India, Art.226...
Sarfaesi S. 13(4), 14 – Not mandatory for a secured creditor to first issue a notice under Sec. 13 (4) and then approach the DM/CJM u/s14
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, S.14, – Not mandatory for a secured...
Sarfaesi S. 14 – Magistrate not obliged to apply his mind to such an affidavit and satisfied that it is necessary to deliver possession of the secured asset
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, S.14, – Law does not oblige the...
Karnataka Rent Control Act, 1961, S. 45 – Rejection of fresh application under the Rent Act [SC]
Karnataka Rent Control Act, 1961, S. 45 - Fresh application under the Rent Act could be summarily rejected only if...
Rent Act – CPC, 1908 , Order 23 Rule 1 sub- rule (4) , would have no application in a proceeding initiated for recovering the suit premises on the ground of bona fide requirement which is a recurring cause. [SC]
Rent Act - CPC, 1908 , Order 23 Rule 1 sub- rule (4) - Would have no application in a...
Specific Relief Act, 1963 – Section 28 – S. 28 of the Act permits the judgment-debtor to seek rescission of a contract and also permits extension of time by the Court but merely because rescission of contract is not sought by the judgment-debtor, does not automatically result in extension of time.
Specific Relief Act, 1963 - Section 28 - S. 28 of the Act permits the judgment-debtor to seek rescission of...