Additional Chief Judicial Magistrate Can Entertain Application U/s 14 SARFAESI Act: Kerala HC [Read Judgment]
5 years, 9 months ago

Additional Chief Judicial Magistrate Can Entertain Application U/s 14 SARFAESI Act: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that Additional Chief judicial Magistrate will have jurisdiction to entertain an application filed under Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. SC Expected To Solve The Confusion Recently, granting leave to directly appeal against a similar order passed by Additional Chief Judicial Magistrate, Ernakulam, the Supreme Court had noted that there are conflicting views by different High Courts with regard to the jurisdiction of the Chief Judicial Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act.The bench then tagged the SLP with another civil appeal against a Kerala High Court judgment. In these cases, the Supreme Court is expected to address the question whether a Chief Judicial Magistrate Has Jurisdiction To Entertain Applications U/s 14 SARFAESI Act. Calcutta, Bombay and Madras high courts have taken a view that the Chief Judicial Magistrate has no power to entertain applications filed under Section 14 of the SARFAESI Act, whereas Kerala, Andhra Pradesh and Allahabad high courts have taken a view that the Chief Judicial Magistrate can exercise the powers.

India Court Judicial High Chief Act Magistrate Financial Assets Kerala Hc Sarfaesi Act Sarfaesi Security Interest Act  act  judgment  chief  high  magistrate  sarfaesi  application  14  kerala  hc  entertain  court  filed  read  judicial

History of this topic

Although Magistrate's Jurisdiction U/S 14 Of SARFAESI Act Does Not Involve Adjudication, Order Cannot Be Passed Without Application Of Mind: Kerala HC
3 days, 18 hours 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 …

Special Judicial Magistrates/Special Metropolitan Magistrates Vacancy At District Jalaun At Orai, Uttar Pradesh
1 month, 3 weeks ago

Special Judicial Magistrates/Special Metropolitan Magistrates Vacancy At District Jalaun At Orai, Uttar Pradesh

Live Law  

The High Court of Judicature at Allahabad invites application for the post of Special Judicial Magistrates/ Special Metropolitan Magistrates at District Jalaun at Orai from amongst Government Servants who holds or has held any post under the Government and possesses the degree of law or otherwise is well experienced in relation to legal affairs to the satisfaction of the High …

[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 …

[S.14 SARFAESI Act] District Magistrates Can't Adjudicate On Application For Taking Possession Of Secured Assets, Constantly Breaching Law: Punjab & Haryana HC
11 months ago

[S.14 SARFAESI Act] District Magistrates Can't Adjudicate On Application For Taking Possession Of Secured Assets, Constantly Breaching Law: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that the District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is only an executing functionary and not empowered to make any adjudication on the application made by the creditors for taking possession of the secured assets.Observing. The Punjab …

SARFAESI Act | Right Of Redemption Cannot Be Taken Away By Insufficient Notice: Allahabad High Court
1 year, 2 months ago

SARFAESI Act | Right Of Redemption Cannot Be Taken Away By Insufficient Notice: Allahabad High Court

Live Law  

The Allahabad High Court has held that right of redemption under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is an important right which cannot be taken away or breached by the authorities by insufficient notice. While observing that it is settled law that service of notice upon the borrower is mandatory under Rule …

SARFAESI Act | MP High Court Issues Guidelines To Magistrates For Expeditious Disposal Of S.14 Applications Moved By Secured Creditors
1 year, 4 months ago

SARFAESI Act | MP High Court Issues Guidelines To Magistrates For Expeditious Disposal Of S.14 Applications Moved By Secured Creditors

Live Law  

Madhya Pradesh High Court has recently taken serious note of the inaction by Chief Judicial Magistrates on applications under Section 14 of the SARFAESI Act. While allowing the application filed by the secured creditor, the court also underscored that there are only two aspects that a Chief Judicial Magistrate must consider before passing an order u/S 14 of the SARFAESI …

SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court
1 year, 5 months ago

SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court

Live Law  

The Kerala High Court recently held that an order passed in an interim application is appealable before the Appellate Tribunal, under Section 18 of the SARFAESI Act.It thus proceeded to declare that Article 227 of the Constitution cannot be invoked by the High Court, when the Tribunal had considered the matter before it in the proper perspective. Justice K. The …

Priority Of The Secured Creditor Over Govt. Dues Under SARFAESI Act, 2002: Bombay High Court
1 year, 8 months ago

Priority Of The Secured Creditor Over Govt. Dues Under SARFAESI Act, 2002: Bombay High Court

Live Law  

The Bombay High Court held that priority belongs to the secured creditor in respect of the dues of the Central government, state government, or local authority under Section 26-E of the SARFAESI Act, 2002.The bench of Justice B. P. Colabawalla and Justice M.M. The Bombay High Court held that priority belongs to the secured creditor in respect of the dues …

S.17 SARFAESI Act | Recovery Action May Have Disastrous Consequences For Borrower, DRT Must Pass Interim Order Upon Application Of Mind: Kerala HC
1 year, 9 months ago

S.17 SARFAESI Act | Recovery Action May Have Disastrous Consequences For Borrower, DRT Must Pass Interim Order Upon Application Of Mind: Kerala HC

Live Law  

The Kerala High Court recently held that interim orders passed by the Debts Recovery Tribunal under 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 cannot be issued mechanically and without application of mind. On Maintainability The Court held that in cases where the Tribunal has failed to exercise its jurisdiction properly, requiring …

Judicial Member Vacancy At Securities Appellate Tribunal (SAT), Mumbai
1 year, 11 months ago

Judicial Member Vacancy At Securities Appellate Tribunal (SAT), Mumbai

Live Law  

The High Court of Bombay invites applications for the post of Judicial Member at the Securities Appellate Tribunal, Mumbai. Name of the Post: Judicial Member Essential Qualification and Experience • Judicial Member, unless he,– is, or has been, a Judge of a High Court; or has held the post of Additional Secretary to the Government of India or any equivalent …

Kerala High Court Monthly Digest - January 2023 [Citations 1-52]
2 years, 1 month ago

Kerala High Court Monthly Digest - January 2023 [Citations 1-52]

Live Law  

Nominal Index Citations XXXX v. Union Of India and Connected Cases 2023 LiveLaw 1Sali M.N. 2023 LiveLaw 52 Judgments/Orders This Month Assisted Reproductive Technology Act | Enforcing Upper Age Limit On Couples Who Were In The Middle Of Treatment Is Arbitrary : Kerala High Court Case Title: State of Kerala rep. by Secretary to the Government & Ors. Sabarimala Pilgrims …

'Not Manifestly Arbitrary': Delhi High Court Upholds Constitutional Validity Of Chapter II Of SARFAESI Act
2 years, 5 months ago

'Not Manifestly Arbitrary': Delhi High Court Upholds Constitutional Validity Of Chapter II Of SARFAESI Act

Live Law  

The Delhi High Court has upheld the constitutional validity of Chapter II of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 observing that it is not manifestly arbitrary and is not in violation of Article 14 of the Constitution of India.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramoniuam Prasad passed. …

S.14 SARFAESI Act | District Magistrate Can Delegate Powers To Executive Magistrate To Take Possession Of Secured Assets: Calcutta High Court
2 years, 6 months ago

S.14 SARFAESI Act | District Magistrate Can Delegate Powers To Executive Magistrate To Take Possession Of Secured Assets: Calcutta High Court

Live Law  

In an important decision delivered today, the Calcutta High Court has held that step taken under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 while taking possession of the secured assets is a ministerial step and hence, the Chief Metropolitan Magistrate or the District Magistrate need not go personally to take …

Karnataka High Court Upholds Constitutional Validity Of Proviso (v) To S.14(1) SARFAESI Act
2 years, 11 months ago

Karnataka High Court Upholds Constitutional Validity Of Proviso (v) To S.14(1) SARFAESI Act

Live Law  

The Karnataka High Court has upheld the Constitutional validity of proviso Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.Section 14 provides procedure in which Chief Metropolitan Magistrate or District Magistrate may assist secured creditor in taking possession of secured asset.Proviso. The Karnataka High Court has upheld the Constitutional validity of proviso …

"A District Magistrate, After Passing An Order Under Sec.14 Of The SARFAESI Act Does Not Have Any Jurisdiction To Review, Recall Or Modify It": Punjab and Haryana HC
3 years ago

"A District Magistrate, After Passing An Order Under Sec.14 Of The SARFAESI Act Does Not Have Any Jurisdiction To Review, Recall Or Modify It": Punjab and Haryana HC

Live Law  

Punjab and Haryana High Court on March 14, 2022, answered various significant questions regarding Section 14 of the SARFAESI Act. The court had an occasion to discuss the scope of jurisdiction of the district magistrate to review, recall or modify an order passed under Sec.14 of the SARFAESI Act, 2002. By relying on different cases, the court held that the …

Petitioner Cannot File Writ Petition Before Exercising Remedy U/S 17 Of SARFAESI Act; Madras High Court
3 years, 2 months ago

Petitioner Cannot File Writ Petition Before Exercising Remedy U/S 17 Of SARFAESI Act; Madras High Court

Live Law  

The Madras High Court, in a Bench comprising of Justice M. Duraiswamy and Justice Sathya Narayan Prasad in R. Ganesan v. M/s. ASREC Limited has reiterated the legal position and dismissed the writ petition filed by the Petitioner due to non-exercise of alternate remedy of appeal under Section 17 of the SARFAESI Act. The Petitioner filed a writ petition under …

Whether PMLA Prevails Over SARFAESI Act? Supreme Court To Hear SBI's Plea On October 20
3 years, 6 months ago

Whether PMLA Prevails Over SARFAESI Act? Supreme Court To Hear SBI's Plea On October 20

Live Law  

The Supreme Court will hear on October 20th plea filed by State Bank of India challenging the Punjab and Haryana High Court's decision that Prevention Of Money Laundering Act prevails over the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act A Bench comprising Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice. The Supreme Court will hear …

Forum Shopping: Gujarat High Court Refuses To Hear Plea Challenging Validity Of S.14 SARFAESI Act
3 years, 7 months ago

Forum Shopping: Gujarat High Court Refuses To Hear Plea Challenging Validity Of S.14 SARFAESI Act

Live Law  

The Gujarat High Court recently refused to entertain a plea challenging the vires of Section 14 of the SARFAESI Act, while admonishing the Petitioner for indulging in forum shopping.Section 14 provides that the District Magistrate concerned shall assist the secured creditor in taking possession of secured asset of the borrower. The Gujarat High Court recently refused to entertain a plea …

Supreme Court Weekly Round Up
4 years, 10 months ago

Supreme Court Weekly Round Up

Live Law  

SARFEASI Act Applicable To Cooperative Banks : SC The Supreme Court held that the Securitization and Reconstruction of Financial Assets and Enforcement of Security Act, 2002 is applicable to Cooperative banks. Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC The Supreme Court held that the bar under Order 23 Rule …

Breaking : Chief Judicial Magistrates Competent To Entertain Applications U/s 14 SARFAESI Act: SC [Read Judgment]
5 years, 6 months ago

Breaking : Chief Judicial Magistrates Competent To Entertain Applications U/s 14 SARFAESI Act: SC [Read Judgment]

Live Law  

In an important judgment, the Supreme Court has held that a Chief Judicial Magistrate is equally competent to deal with the application moved by the secured creditor under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act.In this case viz. In an important judgment, the Supreme Court has held that a Chief Judicial …

Whether Chief Judicial Magistrate Has Jurisdiction To Entertain Applications U/s 14 SARFAESI Act? SC To Examine
5 years, 10 months ago

Whether Chief Judicial Magistrate Has Jurisdiction To Entertain Applications U/s 14 SARFAESI Act? SC To Examine

Live Law  

Granting leave to directly appeal against Chief Judicial Magistrate's order, the Supreme Court noted that there are conflicting views by different High Courts with regard to the jurisdiction of the Chief Judicial Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. In that case, it was also noted that Calcutta, Bombay …

For Purpose Of SARFAESI Act, Addl DM/Addl CMM Has Judicial Powers Similar To That Of DM/ CMM: Bombay HC [Read Judgment]
7 years, 2 months ago

For Purpose Of SARFAESI Act, Addl DM/Addl CMM Has Judicial Powers Similar To That Of DM/ CMM: Bombay HC [Read Judgment]

Live Law  

In an important judgment, the Bombay High Court has held that for the purposes of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, the District Magistrate or the Chief Metropolitan Magistrate is not a persona designata and the Additional District Magistrate or Additional Chief Metropolitan Magistrate has the same. In an important …

For Purpose Of SARFAESI Act, Addl DM/Addl CMM Has Judicial Powers Similar To That Of DM/ CMM: Bombay HC [Read Judgment]
7 years, 2 months ago

For Purpose Of SARFAESI Act, Addl DM/Addl CMM Has Judicial Powers Similar To That Of DM/ CMM: Bombay HC [Read Judgment]

Live Law  

In an important judgment, the Bombay High Court has held that for the purposes of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, the District Magistrate or the Chief Metropolitan Magistrate is not a persona designata and the Additional District Magistrate or Additional Chief Metropolitan Magistrate has the same. In an important …

SC To Examine CJM’s Power To Entertain Applications Under Sec. 14 Of SARFAESI Act
7 years, 3 months ago

SC To Examine CJM’s Power To Entertain Applications Under Sec. 14 Of SARFAESI Act

Live Law  

The Supreme Court will examine the jurisdiction of Chief Judicial Magistrate to entertain the application filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, in PM Kelukutty & Others vs Young Men’s Christian Association.While considering the special leave petition against the Kerala High Court. While considering the special leave petition …

Term of Additional Judges in Calcutta, Kerala and Bombay High Courts extended
9 years, 2 months ago

Term of Additional Judges in Calcutta, Kerala and Bombay High Courts extended

Live Law  

In exercise of the powers conferred by clause of article 224 of the Constitution of India, the President is pleased to appoint Shri Puttekadan Ubaid and Shri Kandathil Abraham Mathew, to be Additional Judges of the Kerala High Court, for a period of six months with effect from 01st January, 2016; andIn exercise of the powers conferred by clause of …

Delhi High Court upholds the vires of Section 14 of SARFAESI Act 2002 [Read Judgment]
9 years, 4 months ago

Delhi High Court upholds the vires of Section 14 of SARFAESI Act 2002 [Read Judgment]

Live Law  

A writ petition in Delhi High Court Challenged the provisions of section 14 of the SARFAESI Act as violative of Article 14, 21 and 300A of Constitution of India and liable to be declared unconstitutional.There were two basic contentions by the petitioner, the firstly regarding the Constitutionality of Section 14 and Secondly, whether CMM is obliged to issue notice to …

SARFAESI Act cannot be enforced in Jammu and Kashmir, rules the J&K High Court
9 years, 8 months ago

SARFAESI Act cannot be enforced in Jammu and Kashmir, rules the J&K High Court

Live Law  

In a landmark judgment, the Jammu & Kashmir High Court has held recently that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, enacted by Parliament in 2002, cannot be enforced in the state.A division bench of the Court comprised of Justice Muzaffar Hussain Attar and Ali Muhammad Magrey underlined how the SARFAESI Act is. While …

SARFAESI Act cannot be enforced in Jammu and Kashmir, rules the J&K High Court
9 years, 8 months ago

SARFAESI Act cannot be enforced in Jammu and Kashmir, rules the J&K High Court

Live Law  

In a landmark judgment, the Jammu & Kashmir High Court has held recently that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, enacted by Parliament in 2002, cannot be enforced in the state.A division bench of the Court comprised of Justice Muzaffar Hussain Attar and Ali Muhammad Magrey underlined how the SARFAESI Act is. While …

Hamsakoya vs. State of Kerala (2015 (2) KHC 206) – A Product of Precedents and Perspective
9 years, 9 months ago

Hamsakoya vs. State of Kerala (2015 (2) KHC 206) – A Product of Precedents and Perspective

Live Law  

‘Investigation, if done by an Officer though equal in rank but lack territorial jurisdiction, vitiates trial’. This statement of law in the decision reported in Hamsakoya Vs. State of Kerala KHC 206) drew flak from one of the former Judges of the Hon’ble High Court of Kerala, Justice V. Ramkumar. Kerala Abkari Act, in its entirety, appears to be fiscal …

Central Government constitutes one more EPF Tribunal for Southern States as per the direction of the Karnataka High Court
10 years, 3 months ago

Central Government constitutes one more EPF Tribunal for Southern States as per the direction of the Karnataka High Court

Live Law  

The Central Government has issued a Notification on 7.11.2014 constituting one more Employees’ Provident Funds Appellate Tribunal at Bangalore, based on the mandamus issued by the High Court of Karnataka in Writ Petition Nos 14378/2006 and connected matters. The Writ Petition was filed seeking Constitution of one more Tribunal as per 7D of the Employees' Provident funds and Miscellaneous Provisions …

Central Government constitutes one more EPF Tribunal for Southern States as per the direction of the Karnataka High Court
10 years, 3 months ago

Central Government constitutes one more EPF Tribunal for Southern States as per the direction of the Karnataka High Court

Live Law  

The Central Government has issued a Notification on 7.11.2014 constituting one more Employees’ Provident Funds Appellate Tribunal at Bangalore, based on the mandamus issued by the High Court of Karnataka in Writ Petition Nos 14378/2006 and connected matters. The Writ Petition was filed seeking Constitution of one more Tribunal as per 7D of the Employees' Provident funds and Miscellaneous Provisions …

Madras High Court upholds Constitutionality of SARFAESI Act and validity RBI Circulars [Read the Judgment]
10 years, 10 months ago

Madras High Court upholds Constitutionality of SARFAESI Act and validity RBI Circulars [Read the Judgment]

Live Law  

A division bench of the Madras High Court, comprising of Justice N. Paul Vasanthakumar and Justice M.M. Sundresh dismissed several writ petitions through a common order on May 8, upholding the Constitutional validity of Section 2 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the guidelines issued by the. Sundresh dismissed several …

Discover Related