Banking
[SC – 29.3.22] Limitation Act 1963 S.18 – IBC S. 8, S.9 – Affect of cheques issued alongwith a covering letter – Failure of the NCLAT as the first appellate authority to look into a very vital aspect vitiates its order. 2022 SCeJ 0416, 2022 PLRonline 1794
LogIn with SUPREME COURT e@JOURNAL subscription for full text / Download Limitation Act 1963 S.18 - Insolvency and Bankruptcy Code...
Read moreSecurity Interest (Enforcement) Rules, 2002 Rule 9(1) – Equitable relief –
Security Interest (Enforcement) Rules, 2002 Rule 9(1) –Inspite rule being mandatory the act of the petitioners of first having opted...
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Sarfaaesi Act S. 17(1) – Limitation to challenge the sale – 45 days – From the date of auction or confirmation of sale. 2022 PLRonline 5555 P&H
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (?? of 2002) Section 17(1) – Limitation...
Read moreSecurity Interest (Enforcement) Rules, 2002 Rule 9(3) – Auction purchaser need not to wait till the expiry of 15 days to deposit the sale amount.
Security Interest (Enforcement) Rules, 2002 Rule 9(3) – Cancellation of sale – Sale which means that it is not required...
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Security Interest (Enforcement) Rules 2002 Rule 8(6), 8(7), 9(1) – Personal service of sale notice is the requirement in law, apart from publication. 2022 PLRonline 5555
Security Interest (Enforcement) Rules, 2002 Rule 8(6), 8(7), 9(1) – Personal service of sale notice is the requirement in law,...
Read moreSarfaesi – Auction. 2022 PLRonline 5555
(i) Security Interest (Enforcement) Rules, 2002 Rule 8(6), 8(7), 9(1) – Personal service of sale notice is the requirement in...
Read moreOTS – If petitioners have not been able to make any payment ever since the proceedings under Sarfaesi were initiated in 2017 till 2021, the petitioners cannot get any relief from this Court on the basis of sympathy. 2022 PLRonline 5454
OTS - Petitioners having borrowed the loan, it was the duty of the petitioners to service the loan, and if...
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NIA S. 138 – If the cheque was issued in terms of the compromise, it did not create a new liability
Negotiable Instruments Act, 1881, Section 138 - If the cheque was issued in terms of the compromise, it did not...
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Sarfaesi Act, S. 17 – Invocation of the writ jurisdiction during pendency of application/ appeal under section 17 amounts to pursuing the writ remedy as a parallel remedy
Constitution of India, Art. 226 - Sarfaesi Act, S. 17 - Invocation of the writ jurisdiction during pendency of application/...
Read moreSarfaesi Act, S. 14 – Only a post-possession right to approach the tribunal is conferred on a borrower in terms of section 17, nothing more and nothing less.
Sarfaesi Act, S. 14 - The SARFAESI Act is intended to facilitate quick recovery of secured debts without extending any...
Read moreCA. MANISHA MEHTA v. ICICI BANK , 2022 SCeJ 0360
2022-SCEJ-0360-Bom.Download HIGH COURT OF JUDICATURE AT BOMBAY Dipankar Datta, CJ & M. S. Karnik, J. CA. MANISHA MEHTA and ors....
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Sarfaesi S. 13(2) – OTS
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (54 of 2002) Section 13(2) – OTS...
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Sarfaesi S. 26E – Right to property is a constitutional right – Auction purchaser
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), Section 26E - Right...
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Sarfaesi S. 26E – Rights which have been created prior in time would have preference over the rights created subsequently – Mortgage in favour of the bank was created prior to the alleged order of attachment
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), Section 26E - Transfer...
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COI Art. 226 – High Court as such has gone beyond the scope and ambit of the proceedings before it , has exceeded in its jurisdiction.
Constitution of India, Art. 226 - Writ filed interim order of the DRAT not granting stay from auction – Challenge...
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