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Andhra Bank

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Scope of Sec.120 B of I.P.C. = what will be the effect of acquittal of co-accused Nos.1 and 2 on the case of accused No.3. According to the appellant if co-accused No.1 is acquitted and in view of acquittal of co- accused No.2 no charge under Sections 409, 411 and 477-A substantiate against accused No.3 and he cannot be punished with the aid of Section 120-B IPC.= However, in view of the acquittal of accused Nos.1 and 2, the order of conviction of accused No.3 under Section 477-A is set aside. The judgment dated 6th September, 2001 passed by the learned Special Judge is affirmed with modification as mentioned above. The appeal (Criminal Appeal No.1226 of 2001) filed by the appellant-Hiten P. Dalal is dismissed. The bail bonds of the appellant – Hiten P. Dalal, if he is on bail, shall stand cancelled and he is directed to be taken into custody to serve out the remainder of the sentence.

‘  published in http://courtnic.nic.in/supremecourt/qrydisp.asp REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1001 OF 2001 B. RAGHUVIR ACHARYA … APPELLANT VERUS CENTRAL BUREAU OF INVESTIGATION … RESPONDENT WITH CRIMINAL APPEAL NO.1226 OF 2001 HITEN P. DALAL … APPELLANT VERUS CENTRAL BUREAU OF INVESTIGATION … RESPONDENT J U D G M E N T … Continue reading

service matter = Unless the suspension period is regularized treating the same as on duty by the disciplinary authority, the question of payment of difference of pay does not arise.

THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.17159 OF 2011 Dated:22.06.2011 Between: Challa Srinivas Rao                                          ..  Petitioner And The Chairman and Managing Director, Andhra Bank, Head or Central Office, Saifabad, Hyderabad and others                      ..  Respondents                                           THE HON’BLE … Continue reading

the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’).=The fact remains that the petitioner did not repay the outstanding dues of Rs.17.5 lakhs as on date and therefore, the impugned sale notices have been issued. Once the provisions of Section 13(4) of SARFAESI Act have been followed, the petitioner cannot find fault with the subsequent events, as it is for the petitioner to deliver possession or the only course open to the bank is to seek assistance from either the Chief Metropolitan Magistrate or District Magistrate. In the instant case, as the petitioner failed to deliver possession, the bank took possession of the property with the assistance of the District Collector by break opening the lock on 16.02.2009 under the cover of panchanama with regard to the inventory of immovable property, which also cannot be found fault with. – in view of the default, the respondent bank issued notice dated 08.09.2007, under Section 13(2) of the SARFAESI Act, which was acknowledged by the petitioner on 20.09.2007. It is stated that the petitioner did not give any explanation nor did he respond to the said notice and therefore, the possession notice dated 14.11.2008, under Section 13(4) read with Rule 8(1) was sent to the petitioner and he acknowledged the same on 20.11.2008. The possession notice dated 14.11.2008 was also published in Indian Express dated 25.12.2008. 4. The aforesaid averments have neither been contraverted nor the petitioner has filed any reply, therefore, it cannot be said that the procedure under Section 13 of SARFAESI Act has not been followed. Admittedly, the petitioner received Section 13(2) notice on 20.09.2007 and Section 13(4) notice was also received on 28.11.2008 but so far no action has been taken. If the procedure under Section 13 of SARFAESI Act is not followed, the course open to the petitioner is to approach the Debts Recovery Tribunal under Section 17 of the SARFAESI Act. As the procedure under Section 13 of SARFAESI Act has become final and as the petitioner neither paid the debt amount nor handed over the possession, the bank has to take recourse to Section 14 of SARFAESI Act. Under Section 14 of the SARFAESI Act it is open to the secured creditor to seek assistance of the Chief Metropolitan Magistrate or District Magistrate in taking possession of the secured asset. In the instant case, the District Collector being the District Magistrate his assistance was taken. Accordingly, the District Collector had passed orders dated 06.01.2009 and 19.01.2009 directing the SDPO, Amalapuram to provide necessary security while taking possession of the above said property.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH  AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON’BLE MR JUSTICE V.ESWARAIAH AND  THE HON’BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 3786 of 2009 BETWEEN:      Sagi Venkata Rama Gopala Krishnam Raju (Hindu) S/o. Narasimha      Raju, R/o. … Continue reading

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