Read, Subscribe &m Cite BANKING CASES (BC) I (2014) BC 719 (Madras HC) Dishonour of Cheque — Time-barred debt — Mere issuance of cheque by accused is no ‘promise’ to pay time-barred debt. I (2014) BC 692 (SC) Dishonour of Cheque — Use of word “from” in Section 138 Proviso (a) requires exclusion of first day on which cheque was drawn and inclusion of last day within which such act needs to be done. I (2014) BC 654 (SC) RDDBFI — Rights of auction-purchaser in property purchased by him cannot be extinguished. I (2014) BC 580 (Delhi HC) Arbitration and Conciliation Act, 1996 — Section 34 — Arbitral Award — If award is passed against public policy, same is liable to be set aside under provisions of Section 34 of Act. I (2014) BC 580 (Delhi HC) Arbitration Law — Arbitral Award — Objections against — Additional payment due to additional work for desilting of sewer lines due to excessive levels of silt — Non-entitlement of contractor — Section 70 of Contract Act has no application when there is written contract entered into between parties and contractor is under an obligation to undertake desilting. I (2014) BC 547 (Mad. HC) Arbitration and Conciliation Act, 1996 — Section 9 — Interim Relief — Bank Guarantee — When Bank Guarantee does not contain Arbitration Clause, applications filed under Section 9 of A&C Act, not maintainable I (2014) BC 510 (Madras HC) (DB) Registration of Sale Certificate — Authorised Officers must inform prospective bidders with regard to payment of stamp duty and registration of Sale Certificate even at the time of issuance of sale notice enabling prospective bidders to know about stamp duty and registration at earliest point of time. I (2014) BC 478 (Kerala HC) Estoppel — Loanees are not estopped from challenging action of Bank in publishing their photographs in newspapers even if there is such a permissive clause in loan agreement. I (2014) BC 478 (Kerala HC) Realisation of Dues by Bank — Publishing photographs of loanees in newspapers is not a measure permitted under Section 13(4) and lacks legislative sanction and wholly illegal and arbitrary. I (2014) BC 344 (Delhi HC) Contract — Blacklisting — State before passing order of blacklisting/debarring, is required to observe principle of audi alteram partem. I (2014) BC 256 (Delhi HC) Dishonour of Cheque — Vicarious liability — Negotiable Instruments Act does not envisage any vicarious liability — In the event of drawer of cheque being a juristic person, juristic person as well as persons-in-charge as responsible to juristic person for conduct of business are liable — Only a drawer of cheque can be prosecuted under Section 138 on cheque getting dishonoured. I (2014) BC 129 (All. HC) Cause of Action — Means necessary conditions for maintenance of Suit including not only infraction of right but also infraction coupled with right itself. I (2014) BC 111 (SC) Sick Industrial Companies (Special Provisions) Act, 1985—Section 22(1)—Directors and Guarantors of a Sick Company — Entitlement to get protection of Section 22(1) —Appellants who are guarantors, can obtain protection of Section 22(1) of SICA only if action filed by Bank comes within ambit of term ‘suit’. I (2014) BC 6 (Madras HC) (FB) Overriding Effect — SARFAESI Act, being special enactment, intended for benefit of secured creditors for speedy recovery of NPA account, will have preference over any other Act including Cr.P.C. I (2014) BC 6 (Madras HC) (FB) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Sections 14(1)(2), 14(1-A) — Possession of Secured Assets — Chief Metropolitan Magistrates and District Judge entitled to assist secured creditors in taking possession of secured assets. Like us on FACEBOOK// DLT PUBLICATIONS SHARE IT OF YOU LIKE IT
Posted on: Wed, 12 Mar 2014 18:25:13 +0000
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