Search Results for Tag : SARFAESI Act
Judgments
SARFAESI Act is applicable to Cooperative Banks(05.05.2020)
In present case, the question relates to the scope of the legislative field covered by Entry 45 of List I viz. ‘Banking’ and Entry 32 of List II of th.....
Tags : SARFAESI Act, Co-operative banks, Applicability
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Cases arising out of matrimonial differences should be put to quietus, if the parties have arrived upon a genuine settlement(17.04.2023)
The present petition has been filed seeking quashing of FIR under Sections 498A/406/34 of Indian Penal Code, 1860 (IPC). The marriage between Petition.....
Tags : Supreme Court, SARFAESI Act, Discretion of Lower Court
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Appellate Court would not interfere with the exercise of discretion of the court of first instance except where the discretion has been shown to have been exercised arbitrarily(18.04.2023)
The present appeal assails the judgment and order passed by the Division Bench of the High Court, thereby setting aside the order of the Single Judge,.....
Tags : Supreme Court, SARFAESI Act, Discretion of Lower Court
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Auction purchaser can challenge the action of forfeiting it’s deposit by secured creditor before DRT(27.11.2017)
The present appeal is filed against the final judgment passed by the Delhi High Court whereby the Division Bench of the High Court had dismissed the a.....
Tags : Alternative Remedy, SARFAESI Act, DRT
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News
Delhi HC: Proceedings under SARFAESI Act Remain Unaffected by Orders Passed Under SEBI Act 1992(25.07.2023)
Delhi HC has observed that the proceedings under SARFAESI Act, 2002 will remain unaffected by the orders passed under SEBI Act, 1992 as provisions of .....
Tags : Delhi HC, SARFAESI Act, 2002, SEBI Act, 1992
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Gujarat High Court Refuses to Hear Plea Challenging Validity of S.14 SARFAESI Act(25.08.2021)
Gujarat High Court has refused to entertain a plea challenging the vires of Section 14 of the Securitisation and Reconstruction of Financial Assets an.....
Tags : Gujarat High Court, Validity of S.14 SARFAESI Act
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Bombay HC: Secured Creditors Shall Take Priority Over Government Dues Under SARFAESI Act(05.09.2022)
Bombay High Court has held that the rights of secured creditors to realise secured debts shall have priority over government dues, including revenues,.....
Tags : Bombay High Court, SARFAESI Act, Secured Creditors
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SC: SARFAESI Doesn’t Give Any License to Bank Officers to Act Against the Scheme of Law(22.09.2023)
Supreme Court while observing that SARFAESI Act was enacted for speedy recovery and for benefitting the public at large, has held that it does not giv.....
Tags : Supreme Court, SARFAESI Act, Bank Officers
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Borrower has No Right of Hearing in Proceedings U/S 14 SARFAESI Act: Karnataka HC(04.12.2018)
Karnataka High Court has held that borrower has no right of hearing in proceedings under Section 14 of the SARFAESI Act and set aside the general dire.....
Tags : Karnataka High Court, SARFAESI Act
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No Application Can Be Filed Against Taking ‘Symbolic Possession’ Before DRT: Allahabad HC(15.02.2018)
Allahabad High Court has held that taking “symbolic possession” or issuance of possession notice, meeting with any resistance, cannot be treated as “m.....
Tags : Allahabad High Court, SARFAESI Act
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MP HC Issues Guidelines on S.14 Appln Filed by Secured Creditors under SARFAESI Act(27.11.2023)
Madhya Pradesh High Court while observing that inaction of DM/ADM/ CJMs has resulted in secured creditors rushing to High Court, leading to opening of.....
Tags : Madhya Pradesh High Court, SARFAESI Act, Secured Creditors, Section 14, Guidelines
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Madras High Court Quashes Criminal Defamation Case Against DMK Leader Kanimozhi Karunanidhi(09.11.2021)
Madras High Court has quashed a criminal defamation case filed against DMK leader Kanimozhi Karunanidhi, for allegedly levelling unfounded corruption .....
Tags : Delhi High Court, Uploading of Orders Passed U/S 14 of SARFAESI Act
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Delhi High Court Asks CMMs to Ensure Prompt Uploading of Orders Passed U/S 14 of SARFAESI Act(09.11.2021)
Delhi High Court has asked all the Chief Metropolitan Magistrates in city courts to ensure that the orders passed by them under Section 14 of the Secu.....
Tags : Delhi High Court, Uploading of Orders Passed U/S 14 of SARFAESI Act
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Allahabad High Court Cancels Auction Sale Initiated Under SARFAESI Act As Debtor Was Not Informed(14.02.2017)
Allahabad High Court has quashed proceedings initiated post notice under Section 13(4) of SARFAESI Act, 2002 as said notice was issued without duly in.....
Tags : Allahabad High Court, SARFAESI Act
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Secured Creditor Should Mandatorily Consider Debtor’s Representation SARFAESI Act: Supreme Court(21.03.2018)
Supreme Court has held that while recovering secured property from Non-Performing Assets (NPAs), a secured creditor should mandatorily consider the de.....
Tags : Supreme Court, SARFAESI Act
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Civil Suit Not Maintainable After SARFAESI Proceedings Are Initiated: Supreme Court(08.05.2018)
Supreme Court has reiterated that a civil suit would not be maintainable when proceedings under the Securitisation and Reconstruction of Financial Ass.....
Tags : Supreme Court, SARFAESI Act
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Civil Suit Not Maintainable After SARFAESI Proceedings Are Initiated: Supreme Court(09.05.2018)
Supreme Court has reiterated that a civil suit would not be maintainable when proceedings under the Securitisation and Reconstruction of Financial Ass.....
Tags : Supreme Court, SARFAESI Act
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Orissa HC: Jurisdiction u/s 14 SARFAESI Act Can be Exercised Either by CJM or DM(25.02.2022)
Orissa High Court has held that jurisdiction under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security.....
Tags : Orissa High Court, Jurisdiction u/s 14 SARFAESI Act
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Delhi HC: Invocation of S. 13 SARFAESI Act Results in General Bar to Civil Court Proceedings(03.02.2022)
Delhi High Court has held that invocation of Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Inter.....
Tags : Delhi High Court, Invocation of S. 13 SARFAESI Act
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MP HC: ?20 Lakh Minimum Threshold for Loan Recovery by NBFCs Not Applicable on HFCs(23.05.2024)
MP HC has held that Housing Finance Companies (HFCs) can invoke the SARFAESI Act, 2002 even when the loan amount is less than ?20 Lakhs and the minimu.....
Tags : MP High Court, SARFAESI Act, 2002, Housing Finance Companies, NBFC
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CJM Can’t Grant Time for Payment of Debt Due to Secured Creditor: Kerala High Court(21.06.2018)
Kerala High Court has held that Chief Judicial Magistrate exercising power under Section 14 of SARFAESI Act, 2002 has no jurisdiction to grant time f.....
Tags : Kerala High Court, SARFAESI Act
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Allahabad HC to UP Govt.: Ensure Strict Compliance with Section 14 of SARFAESI Act(30.05.2022)
Allahabad High Court has directed State of Uttar Pradesh to issue directions to all the concerned authorities in the State to comply with the provisio.....
Tags : Allahabad High Court, Uttar Pradesh, SARFAESI Act
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HP HC: Depiction of Property as Agricultural Land Doesn’t Exclude it from Purview of SARFAESI Act(12.05.2023)
Himachal Pradesh High Court has held that merely because revenue records shows secured properties as agricultural land, it is not sufficient to attrac.....
Tags : Himachal Pradesh High Court, SARFAESI Act, Property
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Orissa HC: No Jurisdiction on Consumer Commission to Entertain Matters Under SARFAESI Act(03.07.2024)
Orissa High Court has observed that any suit or proceeding which can be entertained by the Debt Recovery Tribunal or the Appellate Tribunal cannot be .....
Tags : Orissa High Court, SARFAESI Act, Debt Recovery Tribunal
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Calcutta HC: Secured Creditor Cannot Invoke S. 14 of SARFAESI Act After Sale of Secured Asset(04.09.2017)
Calcutta High Court has ruled that a secured creditor cannot maintain an application u/s 14 of Securitization and Reconstruction of Financial Assets a.....
Tags : Calcutta High Court, SARFAESI Act
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SC Issues Notice to J&K Traders Who Challenged Sarfaesi Act(03.11.2015)
SC on special leave petition challenging judgment of J&K HC, which ruled that Securitization and Reconstruction of Financial Assets and Enforcement of.....
Tags : SC, J&K HC, Sarfaesi Act
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Calcutta HC: Remedy Under SARFAESI Act Subject To Provisions Of Limitation Act(11.07.2017)
Calcutta High Court has ruled that any remedy under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20.....
Tags : Calcutta High Court, SARFAESI Act
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Gauhati HC: DRT Has to Dispose of Application under Section 17 of SARFAESI Act as per RDB Act(22.11.2024)
Gau. HC has observed that Debt Recovery Tribunal (DRT) is required to dispose of an application filed u/s 17 of SARFAESI Act, 2002 as per provisions o.....
Tags : Gauhati High Court, SARFAESI Act, Debt Recovery Tribunal
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Supreme Court Explains Protection from SARFAESI Act not Available to 'Tenant-In-Sufferance'(13.09.2019)
Supreme Court has explained the interplay between laws of tenancy and debt recovery and has ruled that protection from recovery proceedings under the .....
Tags : Supreme Court, SARFAESI Act
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