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“Whether the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 prevails over the Sick Industrial ...

Employees Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952) Section 11(2) – Povident Fund Commissioner who would have first charge

In that case, the issue was whether the Bank would have first charge over the assets of a company to ...

Section 31 B of the RDB Act being a substantive provision giving priority to the “secured creditors”, the same will be applicable irrespective of the procedure through which the recovery is sought to be made (Gujarat Value Added Tax 2003)

While it is true that the Bank has taken over the possession of the assets of the defaulter under the ...

Enforcement of Security Interest and Recovery of Debts and Loans and Miscellaneous Provision (Amendment) Act, 2016 came into force w.e.f. 01.09.2016 has an overriding effect over all other enactments including the provisions the provisions of MP VAT Act, Central Sales Tax Act, Entry Tax Act and any other Tax Act. (MP VAT Act, 2002, Section 33)

" In our considered opinion, the Enforcement of Security Interest and Recovery of Debts and Loans and Miscellaneous Provision (Amendment) ...

Amendment made by Parliament is to give priority to the secured creditors vis a vis State dues without speaking about the first charge (Rajasthan VAT Act, Section 47)

August 30, 2021

Recovery of Debts and Bankruptcy Act , 1993 (RDB Act), Section 31-B - Rajasthan VAT Act, Section 47 "We are ...

If any Central Statute creates priority of a charge in favour of a secured creditor, the same will rank above the charge in favour of a State for a tax due under the Value Added Tax of the State .

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Recovery of Debts and Bankruptcy Act , 1993 (RDB Act), Section 31-B - Securitisation and Reconstruction of Financial Assets and ...

If any Central statute creates priority of a charge in favour of a secured creditor, the same will rank above the charge in favour of a State for a tax due under the value added tax of the State (Maharashtra Value Added Tax Act, 2002 (MVAT Act), Section 37)

Recovery of Debts and Bankruptcy Act , 1993 (RDB Act), Section 31-B - Securitisation and Reconstruction of Financial Assets and ...

Priority of debt – Whether secured creditor or state taxes will get priority (Maharashtra Value Added Tax Act, 2002 (MVAT Act), Section 37)

SARFAESI Act, Section 26-D, 26-E Recovery of Debts and Bankruptcy Act , 1993 (RDB Act), Section 31-B - Priority of ...

Sarfaesi 26E – Central Bank of India v. State of Kerala [2009] 4 SCC 94, (distinguished).

Wherein the Supreme Court took the view that if the State Act creates first charge on the property, then secured ...

Mortgage was not registered under Section 26-D of the SARFAESI Act – Affect

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), Section 26-D, 26-E - Section ...

M/S HDB FINANCIAL SERVICES LTD v. ADDITIONAL DEPUTY COMMISSIONER, KHANNA – 2018 PLRonline 0006

July 31, 2021

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2018 PLRonline 006 2018-PLRonline-0006Download PUNJAB AND HARYANA HIGH COURT Before : Justice Ajay Kumar Mittal and Justice Avneesh Jhingan, JJ. ...

IPC, S. 84 – Where Exception under Sec.84 is claimed

Sarfaesi S. 13(2) – notice not issued to LRs

July 29, 2021

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14 - Bank had not issued ...

CPA – consumers (an expression defined and interpreted widely)

July 28, 2021

Consumer Protection Act, 1986 - Was conceived as a legislation to address complaints of consumers (an expression defined and interpreted ...

CPA – Subsequent purchaser – Builder – Non delivery – Steps into shoes of original purchaser

July 29, 2021

Consumer Protection Act, 1986 - Subsequent purchaser - Builder – Non delivery of flat - The nature and extent of ...

CPA – Subsequent purchaser – Builder – Non delivery of flat – Is a consumer

July 28, 2021