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K. BABU
PNB Housing Finance Ltd. – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
ORDER :
The prayer in this Crl.M.C. is as follows:-
2. The petitioners, who are the officials of Punjab National Bank Housing Finance Limited, are accused Nos.1 to 6 respectively in the aforementioned F.I.R. They along with the co-accused face allegations under Sections 406, 409, 420, 442 and 120-B read with Section 34 of the Indian Penal Code. The F.I.R was registered based on a complaint filed by respondent No.2.
3. Respondent No.2/the defacto complainant in the F.I.R. purchased an apartment in a project managed by Jain Housing and Constructions Ltd. called “Tuffnel Park”. He purchased the apartment along with his wife after availing a housing loan of Rs.40 lakhs from petitioner No.1 and further paying a sum of Rs.11,13,820/-by himself. A sale deed was executed on 18.12.2015 in favour of the complainant by Jain Housing and Construction Company. The complainant was allotted Flat No.4055 in the apart
Point of law : Power is conferred or a duty is imposed by a statute or otherwise and there is nothing said expressly inhibiting the exercise of the power or the performance of the duty by any limitat....
Point of law: Apex Court held that such power should be sparingly and cautiously exercised only when the Court is of opinion that otherwise there will be gross miscarriage of justice.
Point of Law : Public servant – Misconduct - there may not always be direct evidence to the conspiracy, but the same can be inferred from the circumstances giving rise to conclusive or irresistible i....
The main legal point established in the judgment is that the protection provided under Section 32 of the SARFAESI Act, 2002 can be invoked to quash criminal proceedings when the actions are taken in ....
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