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Search results for sarfaesi

Although Magistrate's Jurisdiction U/S 14 Of SARFAESI Act Does Not Involve Adjudication, Order Cannot Be Passed Without Application Of Mind: Kerala HC
4 days, 1 hour ago

Although Magistrate's Jurisdiction U/S 14 Of SARFAESI Act Does Not Involve Adjudication, Order Cannot Be Passed Without Application Of Mind: Kerala HC

Live Law  

The Kerala High Court reiterated that while a Magistrate exercising jurisdiction under Section 14 of the SARFAESI Act does not adjudicate on creditor's application for taking possession of the secured assets, they are required to clearly apply mind since it can have drastic consequences. Justice Gopinath P. observed that an order under Section 14 cannot be issued in printed format …

Court Application Order Judicial Mind Tribunal Act
Recording court proceedings amounts to interfering with administration of justice: Kerala High Court
Trending News
2 weeks, 1 day ago

Recording court proceedings amounts to interfering with administration of justice: Kerala High Court

The Hindu  

The Kerala High Court has observed that recording the proceedings of the High Court and circulating it amounts to interference with the administration of justice and lowers the dignity of the court as the High Court rules prohibit such recordings. Justice P. Gopinath made the observation recently while directing the High Court registry to place the issue of recording and …

High Court Court Proceedings
'Luxury Litigation': Delhi High Court Dismisses SBI's Plea To Expunge Magistrate's Remarks Suggesting Collusion In Loan Default Case
2 weeks, 2 days ago

'Luxury Litigation': Delhi High Court Dismisses SBI's Plea To Expunge Magistrate's Remarks Suggesting Collusion In Loan Default Case

Live Law  

Remarking that the State Bank of India was pursuing a “luxury litigation”, the Delhi High Court dismissed the bank's petition which sought to expunge remarks made by a Magistrate which pointed to a lack of due diligence on the part of SBI in recovery of loan amount and further indicated collusion with the defaulter. Justice Dharmesh Sharma commented, “This is …

Court Bank Loan Act Sbi Magistrate Section 14
Kerala Budget 2025-26: Court Fee To Be Increased, Proposal To Establish A Centre For Legal Studies, Funds To Curb Cyber Bullying, Fake News
1 month, 3 weeks ago

Kerala Budget 2025-26: Court Fee To Be Increased, Proposal To Establish A Centre For Legal Studies, Funds To Curb Cyber Bullying, Fake News

Live Law  

The Kerala Budget 2025-26 has proposed revision in Court fees in many area. 2000 before Sub Court or District Court Suits for cancellation of decrees – based on the market value of the property Suits under Survey and Boundary Act – Rs. 1000 before Sub Court or District Court Suits not otherwise provided for – Rs. 100 per petition for …

Kerala High Court Court Election Legal Studies Fake News Fees
"Alarming Situation": Rajasthan HC Orders Authorities To Restore Bank's Possession Over Mortgaged Property Forcibly Taken By Defaulter
1 month, 3 weeks ago

"Alarming Situation": Rajasthan HC Orders Authorities To Restore Bank's Possession Over Mortgaged Property Forcibly Taken By Defaulter

Live Law  

Expressing surprise and alarm, the Jodhpur bench of the Rajasthan High Court directed the District Collector and Sri Ganganagar's Superintendent of Police to take stern action against a loan defaulter who took unlawful forcible possession of his mortgaged property that was taken over by a bank under the SARFAESI Act. It further said, " This Court is surprised that on …

Law Property Court Bank State Act Taken
SARFAESI | DRT Cannot Restore Possession Of Secured Asset To A Person Who Isn't The Borrower Or Possessor : Supreme Court
2 months ago

SARFAESI | DRT Cannot Restore Possession Of Secured Asset To A Person Who Isn't The Borrower Or Possessor : Supreme Court

Live Law  

The Supreme Court noted that the Debt Recovery Tribunal is not authorized under the SARFAESI Act to "hand over" possession of the secured asset to an individual who was neither the borrower nor the possessor of the asset. It further stated that the DRT lacks the authority to "restore" possession of secured assets to an individual who is neither the …

Supreme Court Civil Relief Person Possession Restore Asset
Now, banks can apply for e-khata to sell mortgaged properties
2 months, 2 weeks ago

Now, banks can apply for e-khata to sell mortgaged properties

The Hindu  

To resolve the challenges faced by banks and financial institutions, the Bruhat Bengaluru Mahanagara Palike has released a module to apply for e-khata to carry out the sale of mortgaged properties. Login and Property Identification Banks must log in to the citizen module Identify the property using ePID, name, or search options Enter the SAS property tax number Updating Bank/Institution …

Property Sale Financial Institutions Registered Banks Certificate Owner
SARFAESI | Borrower's Right Of Redemption Available Only Till Notice For Sale Of Mortgaged Asset Is Published : Supreme Court
Trending News
2 months, 2 weeks ago

SARFAESI | Borrower's Right Of Redemption Available Only Till Notice For Sale Of Mortgaged Asset Is Published : Supreme Court

Live Law  

The Supreme Court has stated that the right of a borrower to redeem the secured asset can be exercised only till a notice for the sale of the mortgaged property is published in terms of Rule 9 of the Security Interest Rules, 2002. The Court observed that till the 2016 amendment to the Securitisation and Reconstruction of Financial Assets and …

Supreme Court Court Sale Right Supreme Act Asset
SARFAESI | Borrower's Right Of Redemption Available Only Till Notice For Sale Of Mortgaged Asset Is Published : Supreme Court
Trending News
2 months, 2 weeks ago

SARFAESI | Borrower's Right Of Redemption Available Only Till Notice For Sale Of Mortgaged Asset Is Published : Supreme Court

Live Law  

The Supreme Court has stated that the right of a borrower to redeem the secured asset can be exercised only till a notice for the sale of the mortgaged property is published in terms of Rule 9 of the Security Interest Rules, 2002. The Court observed that till the 2016 amendment to the Securitisation and Reconstruction of Financial Assets and …

Supreme Court Court Right Supreme Act Asset Redeem
Sale By Way Of Public Auction Can't Be Set Aside Unless There's Material Irregularity Or Fraud/Collusion : Supreme Court
2 months, 2 weeks ago

Sale By Way Of Public Auction Can't Be Set Aside Unless There's Material Irregularity Or Fraud/Collusion : Supreme Court

Live Law  

The Supreme Court has reiterated the principle that sale by way of public auction cannot be set aside until there is any material irregularity and/or illegality committed in holding the auction or if such auction was vitiated by any fraud or collusion. Reference was also made to the recent judgment in Celir LLP vs Ms Sumati Prasad Bafna and others …

Court Sale Auction Set Aside Public Auction
Deputy Director (Recovery And Legal) Vacancy At National Cooperative Development Corporation (NCDC)
2 months, 3 weeks ago

Deputy Director (Recovery And Legal) Vacancy At National Cooperative Development Corporation (NCDC)

Live Law  

National Cooperative Development Corporation invites application for the post of Deputy Director on deputation cum absorption basis. of Post: 01 Age Limit: 56 Years Pay Scale: Level 11 in pay Matrix as per 7th CPC Essential Qualification and Experience • Bachelor's degree in law. • Persons holding analogous posts in Central/ State Government/ Autonomous/ Statutory Bodies/ PSUs/ Recognized Universities/ Cooperative …

Post Deputy Director Pay Matrix National Cooperative Development Corporation
[SARFAESI Act] Courts Must Not Interfere Under Writ Jurisdiction When Alternative Statutory Remedies Are Available: Rajasthan HC
3 months ago

[SARFAESI Act] Courts Must Not Interfere Under Writ Jurisdiction When Alternative Statutory Remedies Are Available: Rajasthan HC

Live Law  

The Jaipur bench of the Rajasthan High Court dismissed a plea by the purchaser of a property–in relation to which proceedings were initiated under the SARFAESI Act, on the ground that the purchaser had already availed the statutory remedy before the Debt Recovery Tribunal. The court again referred to the Supreme Court's decision in Satyawati Tondon in which it was …

Supreme Court High Court Appeal Statutory High Act Petitioner
Senior Associate And Associate Lawyer Vacancy At S. Jalan & Company [Apply Now]
3 months, 1 week ago

Senior Associate And Associate Lawyer Vacancy At S. Jalan & Company [Apply Now]

Live Law  

S. Jalan & Company invites application for the post of Senior Associate and Associate Lawyer. Name of the Post: Senior Associate and Associate Lawyer Remuneration: Senior Associate: Competitive remuneration aligned with industry standards, Exposure to high-value and challenging cases in courts and tribunals, Mentorship and growth opportunities within a reputed law firm, and A collaborative work environment fostering innovation and …

Law High Court Arbitration Legal Court Cases Tribunals
SARFAESI | Confirmed Sale Can't Be Set Aside For Mere Irregularities Except Fraud, Collusion, Inadequate Pricing, Under-bidding Etc
Trending News
3 months, 2 weeks ago

SARFAESI | Confirmed Sale Can't Be Set Aside For Mere Irregularities Except Fraud, Collusion, Inadequate Pricing, Under-bidding Etc

Live Law  

The Supreme Court recently explained the circumstances under which a sale of property by auction or other means under the SARFAESI Act can be set-aside after its confirmation. The Court held that mere procedural irregularities or deviation from rules are not grounds to set aside a confirmed sale unless such errors are fundamental in nature, such as fraud, collusion, inadequate …

Court Sale Auction Collusion Confirmed Sale Inadequate Pricing
SARFAESI | Confirmed Sale Can't Be Set Aside For Mere Irregularities Except Fraud, Collusion, Inadequate Pricing, Under-bidding Etc
Trending News
3 months, 2 weeks ago

SARFAESI | Confirmed Sale Can't Be Set Aside For Mere Irregularities Except Fraud, Collusion, Inadequate Pricing, Under-bidding Etc

Live Law  

The Supreme Court recently explained the circumstances under which a sale of property by auction or other means under the SARFAESI Act can be set-aside after its confirmation. The Court held that mere procedural irregularities or deviation from rules are not grounds to set aside a confirmed sale unless such errors are fundamental in nature, such as fraud, collusion, inadequate …

Court Sale Auction Collusion Confirmed Sale Inadequate Pricing
Maintenance Right Of Wife & Children Overrides Creditors' Claims Under SARFAESI/IBC On Husband's Assets : Supreme Court
3 months, 2 weeks ago

Maintenance Right Of Wife & Children Overrides Creditors' Claims Under SARFAESI/IBC On Husband's Assets : Supreme Court

Live Law  

While giving precedence to the maintenance rights of a man's wife and children over the rights of creditors under recovery proceedings, the Supreme Court recently observed that right to maintenance is equivalent to a fundamental right and shall have an overriding effect over statutory rights of creditors, etc. In appeal, the Gujarat High Court enhanced the amounts, granting the respondent-wife …

Children Supreme Court Court Maintenance Order Right High
Coffee planters’ associations tell banks to heed parliamentary clarification on SARFAESI Act
3 months, 3 weeks ago

Coffee planters’ associations tell banks to heed parliamentary clarification on SARFAESI Act

The Hindu  

Various coffee planters’ associations in Karnataka on Thursday urged all banking institutions in the country to heed the parliamentary clarification and refrain from invoking the SARFAESI Act on coffee plantation lands for loan recoveries. “The government’s response unequivocally clarified that coffee crops were not within the scope of this Act, providing legal protection for our growers,” said office bearers of …

Coffee Act Sarfaesi Act Sarfaesi Coffee Plantation Parliamentary Clarification Loan Recoveries
E-auction of sick business assets on dedicated platform may become compulsory
3 months, 3 weeks ago

E-auction of sick business assets on dedicated platform may become compulsory

Live Mint  

New Delhi: Auction of assets like land, buildings, plant and machinery belonging to businesses getting liquidated is likely to see a wider public participation, with the Insolvency and Bankruptcy Board of India planning to make these transactions more mainstream. After asking liquidators on 29 October to list all such assets of companies facing liquidation on the eBkray platform set up …

Assets Auction Platform Jain Portal Srivastava Ibc
SARFAESI And Arbitration Proceedings Can Proceed Parallely As Nature Of Both Proceedings Is Distinct: Bombay High Court
3 months, 3 weeks ago

SARFAESI And Arbitration Proceedings Can Proceed Parallely As Nature Of Both Proceedings Is Distinct: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Advait M Sethna has affirmed that SARFAESI proceedings are in the nature of enforcement proceedings, while arbitration is in the context of an adjudicatory proceedings. A careful perusal of the record makes it clear that there is an arbitral clause contained in loan agreement dated 13 September 2018 which states that all claims …

High Court Arbitration Bombay High Court Loan Applicant Agreement Respondent
Mere Possession Over Assets Of Corporate Debtor Under SARFAESI Act Does Not Bar Filing Of Petition U/S 7 Of IBC: NCLT Kolkata
4 months ago

Mere Possession Over Assets Of Corporate Debtor Under SARFAESI Act Does Not Bar Filing Of Petition U/S 7 Of IBC: NCLT Kolkata

Live Law  

The NCLT Kolkata bench of Ms. Bidisha Banerjee and Shri Arvind Devanathan have held that mere possession over assets of the corporate debtor under the SARFAESI Act does not prevent the financial creditor from preferring an application under section 7 of the IBC. Whether Mere Possession Of Assets Of The Corporate Debtor Under SARFAESI Act Bars Filing Of Petition Under …

Corporate Financial Resolution Corporate Debtor Application Tribunal Nclt
Mere Possession Over Assets Of Corporate Debtor Under SARFAESI Act Does Not Bar Filing Of Petition U/S 7 Of IBC: NCLT Kolkata
4 months ago

Mere Possession Over Assets Of Corporate Debtor Under SARFAESI Act Does Not Bar Filing Of Petition U/S 7 Of IBC: NCLT Kolkata

Live Law  

The NCLT Kolkata bench of Ms. Bidisha Banerjee and Shri Arvind Devanathan have held that mere possession over assets of the corporate debtor under the SARFAESI Act does not prevent the financial creditor from preferring an application under section 7 of the IBC. Whether Mere Possession Of Assets Of The Corporate Debtor Under SARFAESI Act Bars Filing Of Petition Under …

Corporate Financial Resolution Corporate Debtor Application Tribunal Nclt
Filing Petition U/S 10 Of IBC Subsequent To Action Taken Under SARFAESI Act Cannot Be Termed Malicious Or Fraudulent: NCLAT
4 months ago

Filing Petition U/S 10 Of IBC Subsequent To Action Taken Under SARFAESI Act Cannot Be Termed Malicious Or Fraudulent: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan and Arun Baroka has held that merely because proceeding under Section 13, sub-section and of the SARFAESI Act has been initiated by the creditor prior to filing of Section 10 application, cannot be a ground to hold that Section 10 application is filed with malicious and fraudulent intent to be rejected …

Corporate Corporate Debtor Application Tribunal Proceedings Filed Filing
Property Of Personal Guarantors Cannot Be Sold Under SARFAESI Act During Moratorium Period U/S 96 Of IBC: NCLT Mumbai
4 months, 1 week ago

Property Of Personal Guarantors Cannot Be Sold Under SARFAESI Act During Moratorium Period U/S 96 Of IBC: NCLT Mumbai

Live Law  

The NCLT Mumbai bench of Mr. Charanjeet Singh Gulati and Justice Lakshmi Gurung has held that once a petition under section 95 of the IBC is filed, the interim moratorium under section 96 is triggered. Brief Facts This application has been filed by, Raghavendra Joshi under Section 60 r/w Section 60 of the Insolvency and Bankruptcy Code, 2016 read with …

Personal Mumbai Property Sale Bank Application Tribunal
S. 14 SARFAESI Act | DM/CJM Obligated To Take Possession Of Secured Asset, Forward It To Secured Creditor: Allahabad HC
4 months, 1 week ago

S. 14 SARFAESI Act | DM/CJM Obligated To Take Possession Of Secured Asset, Forward It To Secured Creditor: Allahabad HC

Live Law  

The Allahabad High Court has observed that as per the mandate of Section 14 of the SARFAESI Act, 2002, it is the statutory obligation of the District Magistrate or the Chief Judicial Magistrate concerned to take possession of secured assets and documents and to forward such assets & documents to the secured creditor.A bench of Justice Rajan Roy and Justice …

Court Order Singh Chief Act Possession Magistrate