Court : Punjab and Haryana
Decided on : Oct-12-2007
Reported in : (2008)149PLR96
..... or revision before the collector and the commissioner. that order became final, and with the coming into force of the ceiling act, the land which was declared surplus by the aforesaid order under the provisions of the security act absolutely deemed to have been vested in the state of haryana in view of the provisions of sub- ..... by his father and brother mukhtiar singh. with the coming into force of the haryana ceiling on lands holdings act, 1972 (hereinafter referred to as 'the ceiling act'), the said land which was declared surplus by the aforesaid order under the provisions of the security act absolutely deemed to have been vested in the state of haryana in ..... big land owners under the provisions of the security act, if not vested in the state before coming into force of the ceiling act, absolutely vest in the state free from all encumbrances under section 12(3) of the ceiling act. he further submitted that section 26 of the ceiling act absolutely bars the jurisdiction of the civil court .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-02-2007
Reported in : (2007)4PLR53; (2008)16VST153(P& H)
..... interest was leviable. however, the application was dismissed by rejecting the argument raised by the petitioner concerning limitation of two years incorporated under section 21a of the 1948 act and that there was no proof that the selling dealer had charged for the gunny bags (bardana) separately in the invoices; and that burden of proof was ..... are set aside.5. the respondent state of punjab filed a rectification application, being misc. (rect.) no. 129 of 2002-03, under section 21a of the 1948 act for rectification of the order dated 30.8.2000, whereby the appeal filed by the petitioner was allowed. the tribunal presided over by a different presiding officer, allowed ..... that the aforementioned amount is disallowed from the tax free claim of the dealer. the assessing authority also imposed penalty under section 10(6) of the 1948 act after recording the finding that the dealer had failed to furnish any plausible explanation for his failure to deposit the tax on the sale of gunny bags with .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-12-2007
Reported in : AIR2008P& H77; (2008)149PLR1; 2008(3)AIRKarR196(FB); 2008AIHC1888(P&H)(FB)
..... from the interest thereof, therefore, right of foreclosure will not accrue to the mortgagee till such time the mortgagee remains in possession of the mortgaged security and is appropriating usufruct of the mortgaged land towards the interest on the mortgaged debt. thus, the period of redemption or possession would not start ..... mortgagee remains in possession of the mortgaged property; enjoys the usufruct thereof and, therefore not to lose anything by returning the security on receipt of mortgage debt.section 60 of the act is general in nature applicable to all kinds of mortgages including usufructuary mortgage which is evident from clause (b) of section ..... 62 and 63 of the limitation act, 1963 (hereinafter to be referred as 'the limitation act'), are being reproduced as under:58. 'mortgage', 'mortgagor', 'mortgagee', 'mortgage-money' and 'mortgaged' defined, (a) a mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-30-2007
Reported in : (2008)149PLR593
..... banking) 580 (kar.). in this case a division bench of the karnataka high court was considering the case of creation of an equitable mortgage as collateral security for securing loan. the party which deposited the title deed had also later executed a memorandum in favour of the bank confirming deposit of title-deeds. when the ..... , when a memorandum is executed by the depositor that memorandum would not constitute a mortgage requiring to be registered as a mortgage under the registration act and stamp act, nor would be the memorandum extinguish the equitable mortgage which had earlier been created by deposit of title-deed. the petitioners deposited the. title-deeds ..... without payment of registration fee?4. mortgage by deposit of title deeds is a type of mortgage described in section 58(f) of the transfer of property act. there are other types of mortgages as well, like simple mortgage, mortgage by conditional sale, usufructuary mortgage, english mortgage and anomalous mortgage.5. learned counsel .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-30-2007
Reported in : AIR2008P& H59; (2008)149PLR143
..... to a borrower. in the revised guidelines even those cases were covered where action under the reconstruction of financial assets and enforcement of security interest act, 2002 (for brevity, 'the 2002 act') was taken as also the cases which were pending before courts/drts/bifr etc. as per the said guidelines, applications were ..... conveyed its approval with some modifications to the petitioner-company vide letter dated 20.8.1999 (p-1), wherein properties which were kept as collateral securities as also the repayment schedule were also specified. however, there was change brought-about in the constitution of the petitioner-company in pursuance to some ..... duty to act. reserve bank of india is prime banking institution of the country entrusted with a supervisory role over banking and conferred with the authority of issuing binding directions, having statutory force, in the interest of public in general and preventing banking affairs from deterioration and prejudice as also to secure the proper .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-21-2007
Reported in : (2008)149PLR203
..... bank of india. on 9.8.2002, a notice under section 13(2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (for brevity, 'the act') was issued to respondent nos. 2 to 14 for payment of an amount of rs. 3,54,29,168.87 paise along with interest ..... 2003, the petitioner-bank sought clarification from the reserve bank of india as to whether the bank can recover more than the minimum recoverable amount where sufficient property/security was available with the bank (p-15). on 11.3.2003, the reserve bank of india issued a clarification that there was no restriction on maximum amount ..... with duty to act. reserve bank of india is prime banking institution of the country entrusted with a supervisory role over banking and conferred with the authority of issuing binding directions, having statutory force, in the interest of public in general and preventing banking affairs from deterioration and prejudice as also to secure the proper management .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-05-2007
Reported in : AIR2008P& H27; (2008)149PLR702
..... dispute with regard to the property has been alleged by him. notwithstanding the question whether the decree requires registration or not, manner in which the decree was secured, is not above grave suspicion. thus, the findings recorded by the first appellate court that the consent decree suffers from vice of fraud and misrepresentation, deserve no ..... the memorandum itself does not create or extinguish any rights in immovable properties and therefore does not fall within the mischief of section 17(2) of the registration act, and is, therefore, not compulsorily registrable;(5) the members who may be parties to the family arrangement must have some antecedent title, claim or interest even ..... it is not correct that decree was a sale only to over come provisions 'of registration act. the consent decree passed by the court'- not required to be registered under provisions of registration act. section 17(2)(6) of the act.i have heard learned counsel for the parties.8. it is well settled law that the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-24-2007
Reported in : 2007CriLJ2478
..... shall not affect any plea of bargaining in compounding process or any other provision repugnant thereto as contained in the code or any other law for the time being in force.58. on production of such affidavit(s) the same will remain in the custody of the court and on production of the report under section 173, cr. p. ..... arose before the apex court in case ramashish yadav v. state of bihar 2000 cri lj 12 (sc) wherein their lordships observed as under:the common intention implies acting in concert, existence of a pre-arranged plan which is to be proved either from conduct or from circumstances or from any incriminating facts. it requires a pre-arranged ..... may be due to several factors, like the witness being not in the court or due to negligence or ignorance or some corrupt collusion. time has become ripe to act on account of numerous experiences faced by courts on account of frequent turning of witnesses as hostile, either due to threats, coercion, lures and monetary considerations at the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-30-2007
Reported in : AIR2007P& H161; (2008)149PLR123
..... that a brahman widow leading an unchaste life cannot inherit the estate other deceased husband. ram dai had become the full owner of the property after coming into force of the hindu succession act, 1956 thus she had a right to will away her property in favour of the defendants.33. no other point was urged and argued before me.34. ..... long and thus became the owner of the same at the time of her death by way of adverse possession. it was averred that with the coming into force of the hindu sue cession act, ram dai became the full owner of the land in dispute.9. on the pleadings of the parties, the following issues were framed:1. whether mam ..... because of leading an unchaste life. her rights of trespasser cannot be enlarged under section 14(1) of hindu succession act, 1956. therefore, she could not will away the property to the defendants.32. i do not find any force in the contention of the learned counsel for the appellant for the reasons that the plaintiff/appellant has failed to prove .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-19-2007
Reported in : [2008]141CompCas611(P& H); (2007)4PLR383
..... and consequently mrs. minal garg, the surviving shareholder moved an application before the company law board for convening general body meeting under section 186 of the company act and a committee of creditors was constituted for safe guarding the interest of the creditors of the company as well as the assets of the respondent-company. ..... on 28.3.1998.9. moreover, if the respondent-company wanted to formulate any scheme with the unsecured/secured creditors it was obligatory to obtain necessary permission of this court for arranging a meeting of the secured or unsecured creditors and circulate the agenda. it was also necessary to circulate a pubic notice. a reading of ..... in complete setback to the business of the respondent-company. he has also raised a preliminary objection asserting that a petition under section 433(e) of the act for claim of interest is not maintainable. in support of his submission, he has placed reliance, on two division bench judgments of karnataka high court in the .....
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