Court : Andhra Pradesh
Reported in : 1999(1)ALD71; 1999(1)ALT199
..... . he denied the allegations of money-lending as according to muslim law, taking interest was prohibited. he denied the allegations of advancing small amounts and securing sale-deeds and also executing reconveyance deeds in respect of two plots at malakpet and somajiguda belonging to the appellant or her husband. he admitted that ..... of the appellant that the respondent, being money lender, has adopted a modus operandi of lending small amounts under pronotes used to obtain sale-deeds as security and towards interest she used to obtain rental-deeds from the debtors on the promise to reconvey the property and contemporaneously executing reconveyance deeds. accordingly the ..... such transaction shall not be deemed as mortgage. no doubt the proviso to section 58(c) of tp act states so. respondent's husband, aware of this statutory provision of law, has adopted the devise of securing mortgages on the promise to reconvey but seeing to it that contemporaneous document of reconveyance is not embodied .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(5)ALD866
..... section 14 empowers the chief metropolitan magistrate or the district magistrate to take appropriate steps or use, or cause to be used, such force, as may be necessary for taking possession of secured assets and documents relating thereto. sub-section (3) of section 14 declares that any action taken by the chief metropolitan magistrate or the ..... , the authorized officer of the bank issued notice dated 6.12.2003 under section 13(4) read with section 13(12) of the 2002 act and rule 8 of the security interest (enforcement) rules, 2002 for taking possession of the mortgaged property. immediately on receipt of the aforementioned notice, the petitioner filed this petition ..... tribunals and the debts recovery appellate tribunals for expeditious adjudication of disputes relating to the recovery of debts dues of banks and public financial institutions. the 1993 act also created a bar to the entertaining of civil suits in matters involving recovery of the dues of the banks etc. for few years, the new .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All425
..... be deemed to have failed to comply with the terms of the proviso to section 17(1), provincial small cause courts act, and that therefore the application could not be entertained although the cash security had been furnished within the period of limitation prescribed for making such an application. bhola has filed this revision petition against that ..... cash. the point on which the learned judge gave his ruling was whether, under the proviso to section 17 as amended by act 9[ix] of 1935, a separate previous application, for permission to give security instead of depositing the decretal amount in cash, was necessary.6. the material facts in mohan lal v. sohan lal : ..... passed, files, in pursuance of the terms of the proviso, as it now stands, an application for permission to furnish security on the very day on which the limitation prescribed by article 164, limitation act, begins to run and waits for the orders of the court before filing his application for setting aside the ex parte decree .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All49
..... . to effectuate a legal right or for advancement of public justice or 'when the exercise of the power will be in furtherance of the interest of a third person for securing which the power was given'. in state of u.p. v. jogendra singh : (1963)iillj444sc gajendragadkar, j. pointed out that 'where a discretion is conferred upon a ..... was contended by the learned counsel for the opposite parties that occupation of an accommodation by the landlord was not contemplated by the act at all. in my opinion this contention is without force. in the provisions of the act which contemplate and provide for the control of letting, rent and eviction of tenants, it is implicit that a situation may ..... circumstances has the effect of 'must'. if the authority must act and has no alternative to the act that it 'may' do then it must do the act. it must act and as there is no other way of acting it must do the thing which according to the law it 'may' do. in border rural district council v. roberts, (1950) 1 all er .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All136
..... any description.60. on the other hand, i think these deeds do purport to create charges, as defined in section 100. i.p. act. the parties in tended that the leader should retain the property as security for the further loans. the borrower agreed not to recover possession of the property, by redemption of the mortgage, without repaying the further ..... an interest in case of usufructuary mortgage or that the mortgaged property is not made security for the money advanced. mortgage has been defined in section 58, t.p. act to mean:the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan.91. then ..... 1882, of the right of occupancy could, by reason of the bar of para. 2, section 9, act 12 of 1881 be made.94. it is manifest from this passage that the usufructuary mortgagee of an occupancy right has no security for recovery of his money, and has only the right to possession and to enjoy the profits 'in the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC119; (1954)56BOMLR681; [1954]24CompCas103(SC); (1954)IMLJ355(SC); [1954]1SCR674
..... from any state or person for any purpose in respect of which the parliament has power to make laws.' general regulations styled as the national security regulations were made under the national security act, 1939-1943, section 5. regulation 54 relates to the taking of possession of land by the commonwealth and other regulations provide for the ..... ]1scr869 was conclusive. i am unable to sustain any one of these contentions. undoubtedly the majority division in chiranjit lal chowdhuri's case : [1950]1scr869 has binding force till it is reconsidered or overruled by this court. but this decision, in my opinion, has no apposite application to the facts and circumstances of this case is ..... which the state is threatening to take possession of. not only will these shareholders lose their shares and be deprived of them but they will also be forced to pay large sums of money and all this will be in exercise of the powers conferred on the directors appointed by the state by the ordinance in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1823; (1964)2MysLJ(SC)11; [1964]6SCR368
..... commitments and other relevant considerations, can only admit a specific number of students to the said colleges. they cannot obviously admit all the applicants who have secured the marks prescribed by the university. it has necessarily to screen the applicants on some reasonable basis. the aforesaid orders of the govemment only prescribed criteria ..... media in which instruction should be imparted in institutions of higher education and in other institutions always falls within item ii of list ii has no force item ii of list ii and item 66 of list i must be harmoniously construed. the two entries undoubtedly overlap: but to the extent of ..... was constitutionally incompetent to prescribe qualifications for admission to colleges under the university different from those prescribed by the university and that under the mysore university act the university alone had the power to prescribe rules for admission to colleges affiliated to the university. the high court held against the appellants on all .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC150; 1984(2)SCALE702; (1985)1SCC61; [1985]1SCR1099; 1985(17)LC537(SC)
..... . the high court rejected the contention urged on behalf of the appellant that the election tribunal cannot record the finding that the alternative candidate (respondent 1) has secured a majority of valid votes unless all the votes cast in the election are scrutinised and counted having regard to the fact the appellant had not filed any recrimination ..... social conditions which gave rise to it and of the mischief which it was passed to remedy, and then he must supplement the written word so as to give 'force and life' to the intention of the legislature. that was clearly laid down by the resolution of the judges... in the heydon's case (1584) 3 cr ..... security referred to in sections 117 and 118 respectively.18. in regard to the second submission the questions posed by mr. shanti bhushan are :(i) whether the court was justified in not counting the votes improperly rejected qua the appellant who is the returned candidate merely because a recrimination application under section 97(1) of the act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC2147; 1980CriLJ1440; (1981)1SCC107; [1981]1SCR1196
..... . similar other statutes and rules will enjoy similar efficacy.(12) in our view, penal humanitarianism and rehabilitative desideratum warrant liberal paroles, subject to security safeguards, and other humanizing strategies for inmates so that the dignity and worth of the human person are not desecrated by making mass jails anthropoid ..... , this court observed:it is now well-settled, as a stream of rulings of courts proves, that deterrence both specific and general, rehabilitation and institutional security are vital considerations. compassion wherever possible and cruelty only where inevitable, is the art of correctional confinement. when prison policy advances such a valid goal, ..... scale if they are brought to and convicted, deterrent punishment will follow, and(3) to deter criminals who are forced to undergo long-term imprisonment from repeating their criminal acts in future. even from the point of view of reformative form of punishment 'prolonged and indefinite detention is justified not .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC149; 1987CriLJ157; 1986(2)SCALE452; (1986)4SCC481; [1986]3SCR802
..... rejected. ultimately the four accused were able to get sureties from araria, but even so they could not be released as they were under detention under the national security act. simranjit singh mann was also directed to be released under the proviso to section 167(2) on his application on october 28, 1985. the same condition was ..... considered by the high court in the revision petition before it.6. in the two writ petitions filed by the accused persons, shri ram jethmalani made a forceful and passionate plea that the fundamental right of his clients under article 21 of the constitution has been frustrated by the tactics of the state of bihar whose ..... near jogbani checkpost noticed a jeep speeding towards the indo-nepal border. the jeep was stopped. there were five occupants in the jeep. one of them was simranjit singh mann who had been dismissed from the indian police service. an order of preventive detention under the national security act had been made against him on august 28, 1986. he .....
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