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Home Banking

CrPC S. 482 – Sarfaesi – Discretion has been conferred on the High Court to pass the interim orders in exceptional cases for not taking coercive steps against the accused pending the proceedings, particularly when the proceedings under the SARFAESI Act were initiated against the borrowers. [PLRonline update]

by PLRonline
March 24, 2024
in Banking, Criminal, CrPC
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CrPC S. 482 – Sarfaesi – Discretion has been conferred on the High Court to pass the interim orders in exceptional cases for not taking coercive steps against the accused pending the proceedings, particularly when the proceedings under the SARFAESI Act were initiated against the borrowers.

K. Virupaksha and Another v. State of Karnataka, (2020) 4 SCC 440 and in A.P. Mahesh Cooperative Urban Bank Shareholders Welfare Association v. Ramesh Kumar Bung, (2021) 9 SCC 152, Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra and Others, (2021) SCC Online SC 315

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CrPC S. 482 –  Judicial comity and judicial discipline demands that higher courts should follow the law – High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of the said settled legal position. [PLRonline 438700]

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LATEST

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