Accused Gave Patta as Security for Loan - The court examined the legality of issuing cheques as security, noting the borrower issued a post-dated cheque for Rs. 2 lakh as collateral. The court held that such cheques can be considered security, provided proper service and documentation are maintained. The defendant's claim that the cheque was given solely as security was scrutinized, emphasizing the importance of clear intent and proper procedure in security transactions. Sathyanarayana Jetty VS Shivalingaiah - Karnataka
Loan Security and Fraudulent Collateral - The case involved a loan of Rs. 1.65 crore for purchasing buses, secured by land allegedly belonging to a third party. Witnesses did not confirm fraudulent inducement by the petitioner, indicating the security was genuine but not necessarily fraudulent. The case underscores the importance of verifying collateral ownership when security is provided for loans. S. Udayakumar VS State rep. By Inspector of Police, CCIW CID/Chengai East Unit, Admiralty House, Government Estate, Chennai - Madras
Forged Documents and Collateral Security - In a loan fraud case, accused forged documents and impersonated individuals, with property used as collateral security. The authenticity of documents and the involvement in forgery were central issues. This highlights risks associated with collateral security when documents are manipulated or forged. V. Palanivel VS State by Inspector of Police, Represented by the Inspector of Police, SPE, CBI, ACB, Chennai - Madras
Loan Recommendation and Collateral Security - A bank advanced a loan based on recommendations, with property at No.161 Street suggested as collateral security. Witness statements and property verification were examined, but no conspiracy or fraudulent security arrangements were established. Proper due diligence is critical in security for loans. R. Muthusamy VS State Represented by the Deputy Superintendent of Police, Chennai - Madras
Security for Welfare Schemes - An accused, acting as a security guard, was involved in schemes where security deposits and collateral security were part of transactions. The accused's defense was based on personal activities, but the case illustrates how security arrangements can be intertwined with scheme beneficiaries. B. A. Sampath Kumar VS State rep. by Inspector of Police, SPE/CBI/ACB, Chennai - Madras
Patta and Security Documents under Law - The case involved a public servant accused of demanding bribes, with documents related to Patta (land titles) used as evidence. Proper documentation of land titles and Patta security are vital in legal disputes over security interests. M.Natarajan vs State rep. by Inspector of Police Vigilance and Anti-Corruption, Tiruchirappalli - Madras
Collateral Promissory Note - The defendant executed a promissory note as collateral security for a loan, undertaking to repay with interest. Such documents serve as security but require proper legal formalities to be enforceable. Ravikanti Srikanth vs Lingampally Linga Rao - Telangana
Security and Mortgage Validity - The case discussed the validity of security created over assets like Hautley Tea Estate. The bank failed to produce sufficient documentation proving lawful creation or extension of mortgage security, emphasizing the necessity of clear legal documentation in security arrangements. Assam Co-Operative Apex Bank Ltd. VS Punjab National Bank - Gauhati
Analysis and Conclusion:
The sources collectively highlight that giving land or property (Patta) as security for a loan is a common practice, but the legality and enforceability depend on proper documentation, verification of ownership, and adherence to legal procedures. Cases involving forgery, fraudulent inducement, or improper security creation underscore the importance of due diligence. When accused individuals give Patta or land documents as collateral, courts scrutinize the legitimacy of such security, emphasizing the need for clear titles and lawful procedures to prevent fraud and ensure enforceability.
The court also considered the legal principles related to issuance of cheques as security and the requirement of proper service of ... Fact of the Case: The petitioner borrowed Rs. 2 lakh from the complainant and issued a post-dated cheque as security ... Finding of the Court: The court found that the petitioner's defense, claiming the cheque was issued as security for ... The counsel would submit that the very contention of the petitioner is that the cheque was given as security and in order to prove the said fact t....
Fact of the Case: The petitioner, a legal advisor, was charged with offences related to providing a legal opinion for a loan ... One S.M.Syed Kalimulla, Proprietor of Sardar Transport applied for a loan of Rs.1,65,00,000/= for purchase of ten Hitech Buses by arranging a collateral security of 2.64 acres of land alleged to have belonged to one K.Varadappa Naicker son of Kuppuswamy Naicker. ... None of the witnesses has come out with a revelation that the petitioner fraudulently and dishonestly induced the Bank to part with heavy #HL_START....
based on the discharge of the loan amount by one of the accused. ... Fact of the Case: The case involves a loan fraud where the accused forged documents, impersonated individuals, and ... Issues: The main issues revolved around the authenticity of the loan documents, the involvement of the accused in forgery ... loan for her and the same has been utilized as collateral security for the said loan. ... The property given as collate....
was advanced by UCO bank to M/s Universal Trading Company on recommendation made by PW.30 through this witness and this accused[ ... trial - Previous statement of witness which is not a substantive piece of evidence, cannot be relied upon for holding guilty of accused ... show property at No.161, Street to surveyor for measurement - It does not indicate anything about conspiracy between A5 and other accused ... as collateral security for any loan. ... P.W.37 gave Rs.2.5 lakhs to the 3r....
PW4, a beneficiary under the scheme had approached the appellant/accused on 28.07.2008. PW4 asked to submit the Photostat copies of the ration card, patta passbook, bank passbook, two photos and voter ID etc. ... Therefore, P.W.4 took out the tainted money and handed over to the accused. ... In his statement made at the trial under Section 313 CrPC, the appellant stated that after his duty hours as the security guard at Anand Apartment on the date of the occurrence he had gone to a cinema and then purchased some fruits i....
(A) Prevention of Corruption Act, 1988 - Sections 7 and 13(2) r/w 13(1)(d) - Appeal against conviction - Accused, a public servant ... (Paras 10, 36) ... ... Facts of the case: ... The appellant was accused of demanding a bribe ... DW2 the Special Tahsildar (Social Security Scheme), Manmangalam and he has produced some documents in respect of Patta No.350 and Patta No.463 for the Fasli Year 1418, which has been marked as Ex.D2. ... PW2 told the accused that PW3 is his friend and the....
- Section 374(2) Cheating and dishonestly – Any person convicted to trial - Present Criminal Appeal has been filed by third accused ... was further held that sentences were to run concurrently and set off had been granted under Section 428 Cr.P.C - Whether first accused ... even if it is assumed that it did not belong to him can be said to have made and executed false documents in collusion with other accused ... It had been stated that the panel lawyer and the panel valuers had not properly verified the title or given the value of t....
(A) Indian Penal Code, 1860 - Sections 147, 148, 302 r/w 149, 302 r/w 109, and 506 - Unlawful assembly - Conviction of multiple accused ... for murder and rioting based on instigation by one accused, who was a public figure - The court found that given the circumstances ... ... ... Issues: The core issues concerned the instigation by the accused, the constitution of an unlawful assembly, and the legal ... Accused Nos.2, 3, 4, and 8 attacked PW.1 beat him with hands and Accused No.4 beat him on his lef....
The defendant having received the above said amount has executed promissory note as a collateral security in favour of the plaintiff on 09.11.2012 undertaking to repay the same with interest @ of Rs.1.50 ps. per hundred i.e., 18% per annum. ... The defendant after receipt of the above said amount has executed promissory note and receipt as a collateral security in favour of the plaintiff on the above said date and undertook to pay interest @ 1.50 ps. per hundred i.e., 18% p.a. ... Ex.B1 is the copy of FIR in Crime No.146 of 2013 dated 19.05.2013 of PS Jamm....
In the opinion of this Court, a perusal of the above cited cases shows that for the purpose of ensuring a fair trial, the Hon’ble Supreme Court had transferred the original criminal prosecution cases against the accused from State of Tamil Nadu to State of Karnataka. ... Moreover, it is submitted that the Petitioner Bank had not produced any document to showthat R-3 and R-4 had validly and lawfully created and/or extended mortgage of Hautley Tea Estate in order to create security in favour of the Petitioner Bank. ... In the opinion of this Court, in view t....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.