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Showing posts from February, 2014

Recovery of Debts Due to Banks and Financial Institutions Act,1993 (for short 'the DRT Act') - subsequent purchaser even though bonafide purchasers can not challenge the proceedings of DRT Act under writ proceedings with out exhausting the alternative proceedings available under the Act = Smt.K.Leelavathi and another... PETITIONER Debts Recovery Tribunal, Visakhapatnam, rep., by its Recovery Officer, 31-31- 21, Narayana Bhavanam, Sai Baba Street, Daba Gardens, Visakhapatnam and two others..RESPONDENTS = 2014 (Feb.Part) judis.nic.in/judis_andhra/filename=10879

 Recovery of Debts Due to Banks and Financial Institutions Act,1993 (for short 'the DRT Act')  - subsequent purchaser even though bonafide purchasers can not challenge the proceedings of DRT Act under writ proceedings with out exhausting the alternative proceedings available under the Act =

The writ petitioners K. Leevalathi and Mohd. Rafi filed this writ petition
challenging the proceedings initiated by the 2nd respondent - Bank under the
provisions of the Recovery of Debts Due to Banks and Financial Institutions Act,
1993 (for short 'the DRT Act') to conduct auction proposed to be held on 13-02-
2014 by issuing notice under Rule 52 (2) of Second Schedule of Income tax Act as
arbitrary and illegal.=
In a recent judgment of the Apex Court in Commissioner of Income Tax and others
Vs. Chhabil Dass Agarwal2, it was held as follows:
"Non-entertainment of petitions under writ jurisdiction by the High Court when
an efficacious alternative remedy is available is a rule of self-imp…

Sarfaesi Act - the Arbitration Act-D.R.T. Act - M/s Deccan Chronicles Holdings Limited obtained loan of Rs.100/- crores from M/s India Bulls Financial Services Limited - IBSFL filed two ops invoking arbitration clause for recovery of loan amount - pending it merged in to her sister company M/s India Bulls Housing Finance Limited, which was registered under Sarfaesi Act - IBHFL initiated actions and took possession of properties directly under Sarfaesi Act - Their Lordship of High court held that when the loan was not taken directly from the later company and when the arbitration proceedings are pending, the later company by virtue of it's registration under Sarfaesi Act , can not proceed against the debtor as the merge was not done with the consent of the debtor and allowed the writ petition = M/s Deccan Chronicles Holdings Limited rep. by its Vice Chairman, and others..Petitioners The Union of India rep. by its Joint Secretary,Ministry of Finance & others..Respondents =2014 (Feb.Part) judis.nic.in/judis_andhra/filename=10876

Sarfaesi Act - the Arbitration Act-D.R.T. Act -  M/s Deccan Chronicles Holdings Limited obtained loan of Rs.100/- crores from M/s India Bulls Financial Services Limited - IBSFL filed two ops invoking arbitration clause for recovery of loan amount - pending it merged in to her sister company M/s India Bulls Housing Finance Limited, which was registered under Sarfaesi Act - IBHFL initiated actions and took possession of properties directly under Sarfaesi Act - Their Lordship of High court held that when the loan was not taken directly from the later company and when the arbitration proceedings are pending, the later company by virtue of it's registration under Sarfaesi Act , can not proceed against the debtor as the merge was not done with the consent of the debtor and allowed the writ petition = 

accepted the Orissa high court judgement and differed with the Allahabad High court judgement
Securitisation and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2…

Sec.18 of Immoral Traffic Act - RDO has no power to attach directly - Lodged was raided for running brothel business - RDO/Executive magistrate issued show cause notice and attached the Lodged and directed to close the 2nd ,3rd floors - High court held that Executive Magistrate has no jurisdiction to attach the Lodge and direct to close the 2nd and 3 rd floors as per sec.18 - it empowers only to evict the brothels and it restrict to give lease/rent to others with out permission of magistrate with in one year - he can not attach the Lodge directly - their lordships of high court set aside the orders of Executive Magistrate and allowed the writ = M.Ramakrishna S/o Venkattappaiah....petitioner The Sub-Divisional Magistrate and RDO, Vijayawada and another.... Respondents =2014 (Feb.Part) judis.nic.in/judis_andhra/filename=10872

Sec.18 of Immoral Traffic Act - RDO has no power to attach directly - Lodged was raided for running brothel business - RDO/Executive magistrate issued show cause notice and attached the Lodged and directed to close the 2nd ,3rd floors - High court held that Executive Magistrate has no jurisdiction to attach the Lodge and direct to close the 2nd and 3 rd floors as per sec.18 - it empowers only to evict the brothels and it restrict to give lease/rent to others with out permission of magistrate with in one year - he can not attach the Lodge directly - their lordships of high court set aside the orders of Executive Magistrate and allowed the writ =

Section 18 of the Immoral Traffic (Prevention) Act,1956 reads as follows:-
"18. Closure of brothel and eviction of offenders from the premises.---
(1) A magistrate may, on receipt of information from the police or otherwise,
that any house, room, place or any portion thereof within a distance of two
hundred meters of any public place referr…