Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, P.G. AJITHKUMAR, P.M. MANOJ
Fathima D/o Ismail – Appellant
Versus
Canara Bank, Kanjikode Branch – Respondent
ORDER :
| INDEX | ||
| S. No. | Description | Pages |
| 1 | Background | 3-5 |
| 2 | Another batch of references | 5-8 |
| 3 | Consistency in precedents vis-a-vis need for law to be socially relevant | 9-16 |
| 4 | Can a Single Judge make a reference to a Full Bench? | 16-21 |
| 5 | Scope of hearing third parties | 21-22 |
| 6 | Scope of the reference | 22-26 |
| 7 | Submissions on the precise question referred | 26-32 |
| 8 | Evolution of the Securitisation law | 32-40 |
| 9 | Extant provisions of law | 40-52 |
| 10 | Priority to the claim of secured creditor and overriding effect of SARFAESI Act | 52-63 |
| 11 | Effect of the amendment to the SARFAESI Act by Act 44 of 2016 | 63-65 |
| 12 | Attachment and sale under the Code of Civil Procedure – nuances | 66-73 |
| 13 | Attachment is not an encumbrance on the property | 73-75 |
| 14 | Once sale takes place the attachment falls on ground | 75-79 |
| 15 | Sale by authorised officer and stamp duty | 79-82 |
| 16 | Process of registration under the Registration Act and SARFAESI Act - compared | 82-85 |
| 17 | Scope of deletion of an entry in Book No.1 | 85-89 |
| 18 | Sale certificates should be registered dehors attachment | 89-105 |
| 19 | Can the High Court issue a writ of mandamus directing the registering officers to register a sale certificate? | 106-113 |
| 20 | Can the High Court issue a writ of mandamus or certiorari directing to efface an entry in Book N | |
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
