Month: April 2017

Whether withdrawal of O.A. in terms of the first proviso to Section 19(1) of the DRT Act, 1993 is a condition precedent to taking recourse to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ? NO. Whether ad valorem Court fee prescribed under Rule 7 of the 1993 is payable on an application of the NPA Act in the absence of any rule framed under NPA Act ? Yes. Whether recourse to take possession of the secured assets of the borrower in terms of Section 13(4) of the NPA Act comprehends the power to take actual possession of the immovable property.

  2007(1) LAW HERALD (SC) 927 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 3228 of…

Dishonour of Cheque–Offence by Company–Director of company should not automatically be vicariously liable for commission of an offence–There should be sufficient averments to show that the person who is sought to be proceeded against on the premise of his being vicariously liable for commission of an offence by the Company must be incharge and shall also be responsible to the Company for the conduct of its business.

2007(1) LAW HERALD (SC) 909 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 664 of 2002…

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For best interest and welfare of the child are the paramount considerations when determining visitation rights A. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child’s health and well-being must not be compromised in the process of adjudicating parental rights. B. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Both parents have a right to the care, company, and affection of their child — However, this right is not absolute and must be balanced with the need to protect the child’s welfare — In this case, the court acknowledges the father’s right to visit his daughter but ensures that these visits do not negatively impact the child. C. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Matrimonial disputes and serious allegations between parents should not impede a child’s right to the care and company of both parents — The court separates the child’s welfare from the conflict between the parents. D. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Visitation arrangements must not cause undue hardship to the child — The court modified the High Court’s order, which required the child to travel 300 kilometers every Sunday, as it was deemed detrimental to the child’s health and well-being. E. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The location for visitation must be convenient and in the best interest of the child — The court changed the visitation location from Karur to Madurai, which is closer to the child’s residence, in order to prioritize the child’s comfort and convenience. F. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Supervised visitation may be necessary, especially for young children — The court directed that the father’s visits should occur in a public place, with the mother present (though at a distance), due to the child’s young age and unfamiliarity with the father.