Security Interest (Enforcement) Rules 2002 Rule 19(1) – E-auction – Personal service of the e-auction notice on loanee – Rule mandatory.

NDPS S. 2 (viia) read with the notification S.O. No. 1055 (E) dated 19/10/2001 , Section 37, 52A – “commercial quantity” – Weight Adjustment due to Drying – Weight recorded during inventory before the Magistrate considered – Bail Consideration for Multiple Accused. [PLRonline 413680]

[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

[SC] Insurance – Surveyor’s report – Not relied – Reliance by surveyor on forensic report – Claim payable.

[SC] Insurance – Surveyor’s report, though important, is not absolute and not binding on the parties – It is not that sacrosanct that it cannot be departed from; it is not conclusive. [ PLRonline 368351]

IT Act S. 67(A) – Posted on Instagram 4-5 pictures of petitioner kissing the complainant on her cheek – Bail granted. [2022 PLRonline 0595]

Insurance – Mediclaim policy – Pre existing disease – Non-disclosure – Burden of proof – Prescription – Mere mentioning in the prescription would not amount to establishing a concealment – Senior Citizens policy – Pre-medical check-up – Having opted to waive of was thus conscious – Insurer liable. [PLRonline # 446681]

NIA S. 118 – Unaccounted transactions – All promissory notes appear to have been executed on the same day – If these are unaccounted transactions they are illegal transactions for which no court can pass a decree. [PLRonline 213601]

Criminal Appeal – Court of Appeal should be circumspect in overturning its judgment of acquittal – Dying declaration – Examination of the person who reduced into writing, the dying declaration, is essential – Presence of a Magistrate in recording of a dying declaration, is not a necessity but only a rule of Prudence [2023 SCeJ 451 , SupremeCourtOnline 462604 ]

CrPC S. 438 – extra-territorial anticipatory bail.

Insurance – Insurer assumes a fiduciary duty to act in good faith and honour their commitment. This responsibility becomes particularly pronounced when the insured, in their actions, have not been negligent. [SupremeCourtOnline 448604 ]

Criminal Procedure Code, 1973 Section 482 – Evidence Act, 1872 Section 27 – Expert report not produced – Mixing of petrol/diesel – Proceedings quashed. [SupremeCourtOnline 445604]

NIA S. 143-A (2) – Interim compensation – 20% is a maximum limit provided – Court is required to give reasons as to why, in a particular case, maximum limit of interim compensation provided in the Act is being awarded – Order imposing 20% set aside. [(2023-4)212 PLR 116]

Home Banking

Security Interest (Enforcement) Rules 2002 Rule 19(1) – E-auction – Personal service of the e-auction notice on loanee – Rule mandatory.

by Punjab Law Reporter

in Banking, Sarfaesi

Share on Telegram Share on Twitter Share on Whatsapp Share on eMail

Banking

Banking

Banking

Security Interest (Enforcement) Rules 2002 Rule 19(1) – E-auction – Personal service of the e-auction notice on loanee – Rule mandatory.

NDPS S. 2 (viia) read with the notification S.O. No. 1055 (E) dated 19/10/2001 , Section 37, 52A – “commercial quantity” – Weight Adjustment due to Drying – Weight recorded during inventory before the Magistrate considered – Bail Consideration for Multiple Accused. [PLRonline 413680]

[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

[SC] Insurance – Surveyor’s report – Not relied – Reliance by surveyor on forensic report – Claim payable.

[SC] Insurance – Surveyor’s report, though important, is not absolute and not binding on the parties – It is not that sacrosanct that it cannot be departed from; it is not conclusive. [ PLRonline 368351]

IT Act S. 67(A) – Posted on Instagram 4-5 pictures of petitioner kissing the complainant on her cheek – Bail granted. [2022 PLRonline 0595]

NIA S. 118 – Unaccounted transactions – All promissory notes appear to have been executed on the same day – If these are unaccounted transactions they are illegal transactions for which no court can pass a decree. [PLRonline 213601]

CrPC S. 438 – extra-territorial anticipatory bail.

Insurance – Insurer assumes a fiduciary duty to act in good faith and honour their commitment. This responsibility becomes particularly pronounced when the insured, in their actions, have not been negligent. [SupremeCourtOnline 448604 ]

Criminal Procedure Code, 1973 Section 482 – Evidence Act, 1872 Section 27 – Expert report not produced – Mixing of petrol/diesel – Proceedings quashed. [SupremeCourtOnline 445604]

NIA S. 143-A (2) – Interim compensation – 20% is a maximum limit provided – Court is required to give reasons as to why, in a particular case, maximum limit of interim compensation provided in the Act is being awarded – Order imposing 20% set aside. [(2023-4)212 PLR 116]

Security Interest (Enforcement) Rules 2002 Rule 19(1) – E-auction – Personal service of the e-auction notice on loanee – Rule mandatory.