Banking
Insurance – Banking – Policy taken by bank for benefit of its card holders – “Cardsure Package Policy” – Non-Atm transactions – Policy terms not conveyed
Insurance - Banking - Policy taken by bank for benefit of its card holders - “Cardsure Package Policy” - Non-Atm...
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Insurance policy – Non communication of special terms of policy – Repudiation set aside
Insurance policy - Non communication of special terms of policy - Evidence - Deceased account holder of bank - Policy...
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CPA – S.2(1)(d) – ‘commercial purpose’ – Banking – Overdraft facility
Consumer Protection Act, 1986 - S.2(1)(d) - ‘commercial purpose’ - Banking - Overdraft facility - “business to business” - Appellant...
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Tax – Hire Purchase – Loan – Repossession – Whether, a financier of a motor vehicle/transport vehicle in respect of which a hire-purchase, lease or hypothecation agreement has been entered, is liable to tax from the date of taking possession of the said vehicle under the said agreements ?
U.P. Motor Vehicles Taxation Act, 1997 – S. 12 – Tax – Hire Purchase – Loan – Repossession - Whether,...
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Sarfaesi – Waiver
Security Interest (Enforcement) Rules, 2002, Rule 8, 9 - Securatisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,...
Read moreSarfaesi – Rule 9, is mandatory in nature – Waiver
Security Interest (Enforcement) Rules, 2002, Rule 9 - Securatisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002...
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SARFAESI – Sale of machinery as part of land , building and machinery – Law recognises that the lender knows its interests and how to secure best value of the property
SARFAESI Act - Auction - Sale of machinery as part of land , building and machinery - Law recognises that...
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SARFAESI S. 13(2), (4) – Borrower has waived and is estopped from challenging violation of Section 13(3A)
SARFAESI Act, Sections 13(2) and (4) - Statute - Waiver of mandatory requirement of a statute - Power of the...
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SARFAESI S. 13(2), (4) – Waiver – Borrower, aware and conscious of its rights, chose to abandon the statutory claim and took its chance and even procured favourable decisions
SARFAESI Act, Sections 13(2) and (4) - Conduct - Repeated positive acts of the borrower post the notices under Sections...
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Loan : Floating rate of interest : Intimation of change of rate of interest not required : Fora can not go into rendition of accounts
Floating rate of interest: Intimation not required : Fora can not go into rendition of accounts : we are of...
Read moreIBBI Reg. 34 – Payment of fees to RP
Insolvency and Bankruptcy Board of India , Regulation 34 - Payments of costs and expenses incurred by the Resolution Professional...
Read moreArbitration clause provides that the arbitration is to be conducted at Chennai whereas the parties are belonging to Haryana – Vehicle loan – Agreement as such is unconscionable and one sided being opposed to public policy – Repossession
CPC O. 7 R. 11 - Bank recovered a vehicle by using force for which loan installments had already been...
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Banking – Deposit in terms of interim orders of court – Refund Of – Bank not entitled to the same
Banking – Deposit in terms of interim orders of court – Refund - Deposit of Rs. 40 crores made with...
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OTS – Writ – High Court not to interfre in such matters
Constitution of India, Article 226 - OTS - Bank has rejected a One Time Settlement proposal of the debtor -...
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IBC S. 7 – Limitation
IBC, Section 7 - When an Application under Section 7 cannot be entertained for a debt, which is barred by...
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