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Supreme Court Weekly Round-up: November 18, 2024 To November 24, 2024
4 weeks, 1 day ago

Supreme Court Weekly Round-up: November 18, 2024 To November 24, 2024

Live Law  

Citation Prem Lal Anand and Ors. Case Details: State of Haryana v. Amin Lal through Legal Representatives Citation: 2024 LiveLaw 900 The Supreme Court reiterated that the State cannot claim adverse possession over the property of private citizens. Case Details: Sonu Agnihotri v. Chandra Shekhar and others Citation: 2024 LiveLaw 910 While expunging from a judgment of the Delhi High …

India Karnataka Tamil Nadu Kerala Delhi Supreme Court High Court
Consumer Commission Has No Jurisdiction To Entertain Matters Coming Under Purview Of SARFAESI Act: Orissa High Court
5 months, 3 weeks ago

Consumer Commission Has No Jurisdiction To Entertain Matters Coming Under Purview Of SARFAESI Act: Orissa High Court

Live Law  

The Orissa High Court has held that the Consumer Commissions do not have jurisdiction to entertain any suit or proceeding which is subject matter of adjudication by Debt Recovery Tribunal or Appellate Tribunal under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Clarifying the jurisdictional issue, the Division Bench of Justice Debabrata Dash and …

Consumer Jurisdiction Court Consumer Commission Notice Commission Act
S.17 SARFAESI Act | Applications Filed Beyond 45-Day Limit Not Barred From Seeking Condontation Of Delay Under Limitation Act: MP High Court
11 months, 1 week ago

S.17 SARFAESI Act | Applications Filed Beyond 45-Day Limit Not Barred From Seeking Condontation Of Delay Under Limitation Act: MP High Court

Live Law  

The Madhya Pradesh High Court recently held that Section 5 of the Limitation Act stipulating condonation of delay would apply in respect of applications under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debt Recovery Tribunal filed beyond the period of 45 days. Taking note of Section 29 of …

Court Application Limitation Act Delay Filed 45 Days Provisions
Challenge To Recovery Notice U/S 13(2) SARFAESI Act Lies Before DRT And Not Civil Court, Unless Plaint Alleges Fraud: Bombay High Court
1 year, 6 months ago

Challenge To Recovery Notice U/S 13(2) SARFAESI Act Lies Before DRT And Not Civil Court, Unless Plaint Alleges Fraud: Bombay High Court

Live Law  

The Bombay High Court recently held that once a secured creditor issues demand notice under section 13 of the SARFAESI Act, 2002, the civil court’s jurisdiction is barred, and any challenge to the notice comes under the domain of the Debts Recovery Tribunal. Justice MS Jawalkar rejected a borrower’s civil suit alleging that the bank violated Guidelines on Fair Practices …

Jurisdiction Fraud Recovery Bank Loan Notice Rbi
Challenge Under Section 17 Of The SARFAESI Act Against Action Taken By Secured Creditor, Would Not Bar Arbitration Proceedings: Delhi High Court
2 years, 1 month ago

Challenge Under Section 17 Of The SARFAESI Act Against Action Taken By Secured Creditor, Would Not Bar Arbitration Proceedings: Delhi High Court

Live Law  

The Delhi High Court has reiterated that arbitration proceedings and proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 can go hand in hand. The single bench of Justice V. Kameswar Rao held that even if a party intended to take action under Section 17 of the SARFAESI Act by filing a petition …

Arbitration Court Financial Institutions Delhi High Court Bar High Respondent
P&H High Court Restrains DRT Judge From Passing Adverse Orders After Bar Association's Complaint Of Harassment
2 years, 1 month ago

P&H High Court Restrains DRT Judge From Passing Adverse Orders After Bar Association's Complaint Of Harassment

Live Law  

In a development, the Punjab and Haryana High Court has restrained a Presiding Officer of DRT-II Chandigarh from passing any adverse orders in any of the cases pending before him, until November 30. Taking note of the "serious allegations" against the Officer and his "severally strained" relationship with the Bar Association, the division bench of Justices MS Ramachandra Rao and …

Court Bar Order Officer Presiding Presiding Officer
Initiation Of Proceedings Under The SARFAESI Act Does Not Bar The Arbitration Of Disputes: Delhi High Court
2 years, 2 months ago

Initiation Of Proceedings Under The SARFAESI Act Does Not Bar The Arbitration Of Disputes: Delhi High Court

Live Law  

The Delhi High Court has ruled that the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 provides a remedy in addition to the adjudication under the Arbitration and Conciliation Act, 1996 and hence, initiation of proceedings under the SARFAESI Act does not bar the arbitration of disputes. The petitioners invoked the arbitration …

Arbitration Recovery Court Delhi High Court Bank Bar Disputes
Allegations Levelled Against Secured Creditors Can Always Be Examined By DRT Headed By Judicial Officer Of Same Level As A District Judge: Punjab & Haryana High Court
2 years, 4 months ago

Allegations Levelled Against Secured Creditors Can Always Be Examined By DRT Headed By Judicial Officer Of Same Level As A District Judge: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently held that allegations levelled against the secured creditors can be examined by the DRT and where there is an express bar to the jurisdiction of Civil Court, the same cannot be permitted by alleging fraud played by the secured creditors. The allegations levelled against the secured creditors can always be examined by the DRT …

Court Level Civil Court Creditors Section 17 Secured Drt
'Litigants In Distress' : Supreme Court Deprecates Centre's Practice Of Giving Additional Charge To DRT Of One State Over Another State Due To Unfilled Vacancies
3 years, 3 months ago

'Litigants In Distress' : Supreme Court Deprecates Centre's Practice Of Giving Additional Charge To DRT Of One State Over Another State Due To Unfilled Vacancies

Live Law  

The Supreme Court on Wednesday expressed disapproval of the Centre's practice of extending jurisdiction of Debts Recovery Tribunal of one state to another state due to unfilled vacancy of Presiding Officer.A special bench comprising the Chief Justice of India NV Ramana, Justice DY Chandhrachud and Justice L Nageswara Rao was hearing a petition filed by the State Bar Council of …

Justice Kerala Supreme Court Court Bar Kerala High Court Lucknow
Exclusion Of Advocates From Post Of DRT & DRAT Presiding Officers Challenged; Supreme Court Seeks Centre's Response
3 years, 4 months ago

Exclusion Of Advocates From Post Of DRT & DRAT Presiding Officers Challenged; Supreme Court Seeks Centre's Response

Live Law  

The Supreme Court on Monday sought the Centre's response in a plea challenging the exclusion of Advocates from being eligible for the post of Presiding Officer and Chairman, Debts Recovery Tribunals and Debts Recovery Appellate Tribunals under the Tribunal, Appellate Tribunal and other Authorities Amendment Rules, 2021. A Division Bench comprising Justice L Nageswara Rao and Justice Aniruddha Bose issued …

Supreme Court Court Advocates Tribunals Judicial Tribunal Post