Dominus Litis : General Rule related to impleading in a suit is
that the petitioner in a petition being dominus litis ( master of suit ) may chose the persons
against whom he wishes to litigate and can not be compelled to sue a person
against whom he does not seek any relief.
A person who is not a party has no right to get impleaded against the
wishes of the Petitioner. Necessary
party or property party as prescribed in Order 1, Rule 10 of the Civil Procedure
Code are impleaded in the suits.
Necessary Party is such without whom no order can be effectively
made. Property Party is that in whose
absence an effective order can be made but whose presence is necessary for a
complete and final decision of the issues involved in the proceedings. (State of Assam Vs Union Of India 2010 10 SCC 408 which has been reaffirmed in
Vidur Impex Traders Private limited Vs Tosh Apartments Private Limited reported
in 2010 8 SCC 384]
Resources on Indian Law
Legal resources, Case laws, case laws of public importance from the Hon'ble Supreme Court of India and other Courts
Friday, December 22, 2017
DOMINUS LITIS : NECESSARY PARTY / PROPER PARTY TO SUIT
Labels: Indian, legal, resources, law,
DOMINUS LITIS,
PROPER PARTY
Thursday, October 26, 2017
CAUSE OF ACTION - CPC ORDER 7 RULE 11
2015 (5) ctc -45 : Tim Boyd International President Vs Kesiraju Krishna Phani - CPC Order 7 Rule 11 - Cause of Action is bundle of facts including some acts done by defendant which if traversed, it would be necessary for plaintiff to prove in order to sustain relief sought by him.
Monday, May 29, 2017
THE INSOLVENCY AND BANKRUPTCY CODE, 2016
I.
Object of the Act:
An
act to consolidate and amend laws relating to reorganization and insolvency
resolution of corporate persons, partnership firms and individuals in a time
bound manner.
The
Act deals with insolvency of the following persons:
·
Corporate
Persons i.e companies
·
Partnership
Firms
·
Individuals
Labels: Indian, legal, resources, law,
2016,
Bankruptcy,
Bankruptcy Code,
IBC,
Insolvency
BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016
NOTE ON Benami Transactions Prohibition Act:
- Object of the Act: The Benami Transactions (Prohibition) Amendment Act, 2016 (The Act) prescribes administrative and legal procedure to curb domestic black money. The Act prohibits benami transactions and provides for attachment and confiscation of benami properties besides prescribing prosecution of persons involved in benami transactions leading to imprisonment up to seven years.
Labels: Indian, legal, resources, law,
Benami Transaction,
Benami Transactions Prohibition
Saturday, May 2, 2015
LIABILITY OF BANK IN BORROWER'S FAILURE TO RENEW INSURANCE POLICY
In Central Bank of India V Jagbir
Singh CIVIL APPEAL NO. 3645 OF 2015 (Arising out of S.L.P. (Civil) 2343 of 2014 Hon'ble SC held that the Creditor Bank is not liable to pay compensation for non-renewal
of insurance policy after referring the following law laid down by the SC:
In Pradeep Kumar Jain v. Citi
Bank and another, Hon’ble SC while discussing Section 146 of Motor Vehicles
Act, 1988 held as under: - 1 (1999) 6 SCC 361
Labels: Indian, legal, resources, law,
Insurance Policy Non renewal,
Liability of Bank
Friday, February 6, 2015
REGISTRATION OF CHARGES UNDER THE COMPANIES ACT, 2013
REGISTRATION
OF CHARGES UNDER THE COMPANIES ACT, 2013
Chapter
VI of the Companies Act, 2013, containing section 77 to 87 deals with
registration of charges in the ROC. The said provisions replace the sections 124
to 145 of Chapter V of the Companies Act, 1956. As per the new provision
section 77 of the Companies Act 2013, every company creating a charge on its
property or assets has to register the particulars of charge signed by the
Company and charge holder together with instruments with in thirty days of its
creation. As per clause (3) of Section
77 of Companies Act 2013, no charge created by a company shall be taken into
account by the liquidator unless it is duly registered.
Labels: Indian, legal, resources, law,
2013,
Companies Act 2013,
Registration of Charges,
REGISTRATION OF CHARGES UNDER THE COMPANIES ACT
Thursday, February 5, 2015
ENFORCEMENT OF SECURITY INTEREST UNDER SARFAESI, ACT 2002
(Section 13 to 19 of the Act)
I. Demand Notice under section 13(2) of SARFAESI
ACT
(i)
Requirement for initiation of Demand Notice
(a)
Account should have been classified as NPA
(b)
Documents should not be time barred (Section 36)
(c)
Above 1 lac ceiling (Section 31)
(d)
Total outstanding should be above 20% of total sanction
(Section 31)
(e)
Secured Asset should not be agriculture land (Section
31)
(ii)
Important Contents of 13(2) Notice
A) Advance
details
B) NPA
date
C) As
on date dues payable
D) Details
of Secured asset intended to be enforced
(iii)
Service of Demand Notice
Transmitting or delivering the
13(2) Demand Notice
to borrower including Guarantors
at (i) his Residence or
(ii) place of business or
(iii)
place works for gain
Through
(i)
Registered Post
(ii)
Speed Post
conspicuous
(iii)
Courier
(iv)
Email
(v)
Fax
(iv)
List of
Records to be preserved
1.
Copy of the
13(2) notice sent to all the borrowers including guarantors
2.
Postal receipts
3.
Acknowledgement card or returned cover or print out of
status of delivery
Substituted
Service
4.
Affixture Photo of 13(2) at outer door or any
conspicuous part of the building where borrower resides or his work place
5.
Paper publication (Both Tamil and English)
II. Reply to
Representation or objection raised in response to the 13(2) notice
(Reply should be with in fifteen days from receipt of the notice)
III. Possession under section 13(4) of SARFAESI:
(1) Requirement
for initiation of possession notice
(a) Notice under Section 13(2) should have
completed AND found to be in order.
(b) Sixty days should have completed from the
date of notice
(2) Procedure of taking
possession (Rule 8 (1) & (2) of Security Enforcement Rules, 2002)
1. Delivering
the possession notice to the borrower
2. Affixing the
Possession notice on the outer door or any other conspicuous place of the
secured asset
3. Publishing the possession notice in two
dailies having sufficient circulation
(English
& Vernacular) within seven days after taking possession.
(3) List of Records to be preserved
1.
13(4) Affixture Photograph with authorized officer
2.
Postal receipts
3.
Acknowledgement card or personal acknowledgement on the
copy of the possession notice or postal delivery status print out
4.
Copy of the paper publications (Vernacular and English)
(4) Remedies available to the borrowers (Section 17)
Borrower or Guarantor
or any other person (Tenant or person who is disputing title ) may approach the
DRT against the possession notice by filing SA under Section 17 of SARFAESI Act
within 45 days from the date of possession.
IIIa. Physical
Possession (Section 14)
(i)
Filing an application before Chief Materopolitan
Magistrate or District Magistrate to assist Authorised Officer to take physical
possession of the property.
(2) Application
should be filed before CMM if the property situated within CMM jurisdiction
otherwise to be filed before District Magistrate ie The Collector of concern
District.
---------------------------------------------------------------------------------------
Labels: Indian, legal, resources, law,
2002,
Demand Notice,
Possession Notice,
SARFAESI ACT,
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act
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