Back
PRASENJIT MANDAL
Sandhya Poddar – Appellant
Versus
Allahabad Bank – Respondent
Prasenjit Mandai, J.—Challenge is to the order dated May 15, 2013 passed by the Hon’ble Chairperson, Debts Recovery Appellate Tribunal in Appeal No.112 of 2013 thereby rejecting the prayer for stopping to sell of the immovable property to be held on June 1, 2013 on the ground that the said appeal was then yet to be admitted and the consideration of pre-deposit etc., under Section 18 (1) of the SARFAESI Act, 2002 has not been decided till then.
2. In a recovery proceeding by a secured creditor against the debtor, the question of title of a third party over the mortgaged property was the subject matter of consideration before the Debts Recovery Tribunal-II, Kolkata. The third party prayed for dismissal of the SARFAESI application pending before the Debts Recovery Tribunal-II, Kolkata and that application was rejected by the learned Tribunal by the judgment and order dated April 2, 2013.
3. Being aggrieved, the third party claiming 50% title over the property, filed an appeal and at the time of admission of the said appeal, the prayer was made for stopping the sale of the mortgaged property claiming 50% ownership of the said property and it was not entertained till then. Bein
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
