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CPA – Subsequent purchaser  – Builder – Non delivery of flat – Is a consumer

Mortgage was not registered under Section 26-D of the SARFAESI Act – Affect

Environment law – Principles enunciated  –  Brick kiln. PLRonline 432610

Environment – It is the duty of the Government as also the Court to protect and preserve the environment

Rent Act – Mesne profits –  After passing of decree of eviction landlord is entitled for mesne profits or compensation – Basis of determination of the amount of mesne profit

Angoori Devi v. Smt. Satya Bhama, 2016 PLRonline 0104

Vardhman Holdings Ltd. v. Ranbir Singh, 2014 PLRonline 0203

Rent Act – Mesne profits – Pendency of the appeal Tenant is liable to pay mesne profit or compensation for use and occupation

Rent Act – Mesne Profits – Once a decree for possession has been passed and execution is delayed it is necessary for the Appellate Court to fix reasonable mesne profits

Tenancy – Bona fide need – Leave to defend – Not granted – Delhi Rent Control Act, S. 14(1)(e). PLRonline 313402 (Del.)

CPC S. 10 – Rent Act – Rent is not required to go into the serious question of title – S. 10 is not applicable.

CPC S. 10 – Is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.

National Institute of Mental Health & Neuro Sciences v. C. Parameshwara, 2014 PLRonline 0202

CPC S. 151 – Cannot be exercised so as to nullify the provisions of the Code

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CPA – Subsequent purchaser  – Builder – Non delivery of flat – Is a consumer

Tribunal or the High Court could not interfere with the findings of facts

'Fraud' and 'justice' - Even a court of subordinate jurisdiction is permitted to enter into the question as to whether the judgment of a superior Court was obtained by playing fraud

Home Banking

Mortgage was not registered under Section 26-D of the SARFAESI Act – Affect

by PLRonline
in Banking, Sarfaesi
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Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (sarfaesi Act), Section 26-D, 26-E – Section 26-D provides that the secured creditor shall not be entitled to exercise rights of enforcement of securities under Chapter-III unless the security interest created in its favour by the borrower has been registered with the Central Registry – Even if the Petitioner’s mortgage was not registered under Section 26-D of the SARFAESI Act, in view of Section 31-B of the RDB Act, the alleged non registration, would not affect the legal position on the issue of priority – Mortgage of the secured creditor viz. the Petitioner Bank gets prior charge over the charge of the Respondents for tax/VAT dues.

Recovery of Debts and Bankruptcy Act , 1993 (RDB Act), Section 31-B

Maharashtra Value Added Tax Act, 2002 (MVAT Act), Section 37.

#2021 SCeJ 149 (Bom.)

Tags: 21.JUL.1Mortgage not registeredMVAT S. 37RDDB S. 31-BSarfaesi and Tax ActSarfaesi S. 26-DSarfaesi S. 26-E

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