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Mar 13 2009

Princy and ors. Vs. Jose

Court : Kerala

Decided on : Mar-13-2009

Subject : Property

Acts : Transfer of Property Act - Sections 11 and 40

Reported in : AIR2010Ker1; 2009(2)KLJ335

Thomas P. Joseph, J.1. The substantial questions of law raised for a decision are as to the character and enforceability of a covenant by the assignee of the covenantee.2. Short facts necessary for a decision of...

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Jul 24 2009

T. Bhuvanendran Vs. Lic Housing Finance Ltd. and ors.

Court : Kerala

Decided on : Jul-24-2009

Subject : Banking

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 3A, 13, 13(2), 13(3A), 13(4), 31, 34 and 35; Recovery of Debts Due to Banks and Financial Institutions Act 1993 - Sections 17, 17(1), 17(2), 18 and 19(1); Financial Institutions Act, 1993; Negotiable Instruments Act - Sections 138 and 142; Constitution of India - Articles 14 and 141

Reported in : AIR2010Ker15

ORDERP.R. Ramachandra Menon, J.1. The petitioner has approached this Court challenging Exts. P2 and P5 notices issued by the Secured Creditor invoking the relevant provisions under the SARFAESI Act, The case of the petitioner is that,...

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Jun 29 2009

Smt. Ayishumma and ors. Vs. T. Hassan and ors.

Court : Kerala

Decided on : Jun-29-2009

Subject : Banking

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 14 and 31

Reported in : AIR2010Ker13

ORDERP.R. Ramachandra Menon, J.1. Whether the concerned Magistrate is entitled to decide the merits of the contentions as to the claim for exclusion of the property under Section 31(i) of the SARFAESI Act, while entertaining an...

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