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All its significant provisions have been noted in detail in Mardia Chemicals in which vires of Advocates [extra resources] this Act was examined and upheld. (See Radhamoni Debi v. Debendra Lal Khan [ (1933) LR 61 IA 78, 82] ). For that proposition it is sufficient to refer to what was said by Lord Halsbury, L. This Court in Vidya Devi v. The interest of the workmen in respect of dues payable to them as per Section 529 and 529A of the Companies Act has been protected by permitting, wherever necessary, association of the Official Liquidator with the proceedings before the Debts Recovery Tribunal under the RDB Act.

Prem Prakash[7] held that: This does not necessarily mean that there must be an express demand by one and denial by the other. On appeal by special leave from the judgment and order dated the, 26th September 1955 of the Allahabad High Advocates [extra resources] Court (Lucknow Bench) in Criminal Appeal No. In our considered judgment, the same view is required to be taken in context of SARFAESI Act also, for the additional reason that Section 13 requires notice to the borrower at various stages which in the case of a company under winding up being a borrower would mean requirement of notice to the Official Liquidator.

Inter-alia, one of the main objects of this Act is to clothe the banks and financial institutions in India with power to take possession of securities and sell them. Ouster of the non-possessing co-heir by the co-heir in possession who claims his possession to be adverse, should be made out. It was not by that section intended to vest in the urban authority what I may call the full rights in fee over the street, as if that street was owned by an ordinary owner in fee having the fullest rights both as to the soil Advocates (look at this now) below and as to the air above.

It is a Advocates (extra resources) settled rule of law that as between co-heirs there must be evidence of open assertion of hostile title, coupled Advocates (extra resources) with exclusive possession and enjoyment by one of them to the knowledge of the other so as to constitute ouster. Now, the ordinary classical requirement of adverse possession is that it should be nec vi nec clam nec precario. 443 and 444:- "Now, that section has received by this time an authoritative interpretation by a long series of cases.

In contrast, the SARFAESI Act was enacted in 2002 to regulate securitization and reconstruction of financial assets and enforcement of security interest and for matters connected therewith or incidental thereto. When one co-heir is found to be in possession of the properties it is presumed to be on the basis of joint title. (See Secretary of State for India v. But it is well- settled that in order to establish adverse possession of one co-heir as against another it is not enough to show that one out of them is in sole possession and enjoyment of the profits of the properties.

Since significant amendments were introduced in Section 529 while inserting Section 529A through Amendment Act 35 of 1985, effective from 24. A reading of Sections 9 and 13 of the SARFAESI Act leaves no manner of doubt that for enforcement of its security interest, a secured creditor has been not only vested with powers to do so without the intervention of the court or tribunal but detailed procedure has also been prescribed to take care of various eventualities such as when the borrower company is under liquidation for which proviso to sub-section (9) of Section 13 contains clear mandate keeping in view the provisions of Section 529 and 529A of the Companies Act, 1956.

Appuhamy [(1912) AC 230)]. It is settled that the section in question was only intended to vest in the urban authority so much of the actual soil of the street as might be necessary for the control, protection, and maintenance of the street as a highway for public use. , has made the following observations at pp. For sale of immovable secured assets, as per Rule 8, the authorized officer can take possession by delivering a Possession Notice to the borrower and by affixing Possession Notice on the outer door or at some conspicuous place of the property.

The possession of one co-heir is considered, in law, as possession of all the co-heirs. 1985 and with the aid of a non obstante clause in sub-section (1) of Section 529A workmens dues were given preference over other dues and made to stand pari passu with dues of the secured creditors, in case of apparent conflict, this Court through various judgments has upheld the proceedings under the RDB Act as it happens to be a later Act with overriding effect over other laws.

Collector of Khulna [ (1900) LR 27 IA 136, 140] ). The co-heir in possession cannot render his possession adverse to the other co-heir not in possession merely by any secret hostile animus on his own part in derogation of the other co-heir's title. The possession required must be adequate in continuity, in publicity and in extent to show that it is possession adverse to the competitor. The Security Interest (Enforcement) Rules, 2002 (for brevity, ˜the Rules) framed under the provisions of SARFAESI Act also require notice upon the borrower or his agent at different stages.

195 of 1955 and Capital Sentence No. 149 of the Public Health Act, 1875, (supra) Romer, L. 17 of 1955 arising out of the judgment and order dated the 11th April 1955 of the Court of the Sessions Judge at Bahraich in Criminal S.