Orissa State Financial Corporation vs. Sukanti Mohapatra: Supreme Court Upholds Loan Recovery Process Date of the Judgment: 21 March 2024 Citation: 2024 INSC 256 Judges: Sanjiv Khanna, J., Dipankar Datta, J. Can a financial corporation proceed with the sale of a mortgaged property when a borrower defaults on loan repayment? The Supreme Court of India […]
Supreme Court Directs Expedited Resolution on Interest and Mesne Profits in Auction Sale Dispute: Rockline Construction Company vs. Doha Bank QSC (24 April 2023) LEGAL ISSUE: Determination of the rate of interest and mesne profits in a dispute arising from a set-aside auction sale. CASE TYPE: Debt Recovery/Civil. Case Name: Rockline Construction Company vs. Doha
Supreme Court Clarifies Powers of District Magistrate Under SARFAESI Act Date of the Judgment: 25 February 2022 Citation: (2022) INSC 179 Judges: A.M. Khanwilkar, J., C.T. Ravikumar, J. Can a District Magistrate (DM) or Chief Metropolitan Magistrate (CMM) authorize an advocate to take possession of secured assets under the Securitisation and Reconstruction of Financial Assets
Supreme Court quashes High Court order in auction dispute: SRS Advertising vs. Kamal Garg (2022) LEGAL ISSUE: Whether the High Court exceeded its jurisdiction by granting final relief in a matter where an interim relief was sought, while the main appeal was pending before the Debt Recovery Appellate Tribunal (DRAT). CASE TYPE: Debt Recovery/Auction Dispute
Supreme Court Directs Deposit and Resolves Dispute in Debt Recovery Case LEGAL ISSUE: Dispute over the amount due and payable in a debt recovery case. CASE TYPE: Debt Recovery Case Name: XLO INDIA LIMITED AND ANOTHER vs. INTERNATIONAL ASSET RECONSTRUCTION COMPANY PRIVATE LIMITED & OTHERS [Judgment Date]: 27 October 2021 Introduction Date of the Judgment:
Supreme Court Directs Deposit and Resolves Dispute in Debt Recovery Case Read Post »
Tenant’s Right to Appeal Ownership: Supreme Court Decision in Mohan Chandra Tamta vs. Ali Ahmad (2019) LEGAL ISSUE: Can a tenant appeal a court’s finding on property ownership when the claimed owner (mortgagee) has not challenged that finding? CASE TYPE: Civil Law – Property Dispute Case Name: Mohan Chandra Tamta (Dead) Thr. Lrs. vs. Ali
Supreme Court Upholds Mortgage by Conditional Sale Despite Separate Agreement: Atul Chandra Das vs. Rabindra Nath Bhattacharya (2019) LEGAL ISSUE: Whether a transaction can be deemed a mortgage by conditional sale when the condition for re-transfer is in a separate document, despite Section 58(c) of the Transfer of Property Act, 1882. CASE TYPE: Property Law/Mortgage
Supreme Court Orders Fresh Review in Loan Dispute: Punjab Financial Corporation vs. Paulbro Leathers (2019) LEGAL ISSUE: Whether a demand raised by a financial corporation after a settlement, but with a dispute over the calculation of the settled amount, can be quashed without examining the merits of the demand. CASE TYPE: Loan Recovery/Financial Dispute. Case
Supreme Court Rules on Adverse Possession in Mortgage Dispute Date of the Judgment: September 18, 2018 Citation: Civil Appeal No. 4985 of 2010 Judges: Uday Umesh Lalit, J. and Sanjay Kishan Kaul, J. Can a person in possession of a property, initially as a mortgagee, claim ownership through adverse possession if their status changes to
Adverse Possession Claim Upheld: Supreme Court Resolves Mortgage Dispute (2018) Read Post »
This judgment addresses a dispute over payment of security service charges. The core legal issue is whether the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 can be invoked when proceedings are ongoing before the Debt Recovery Tribunal (DRT). The Supreme Court of India settled this dispute, clarifying the jurisdiction of both bodies. This
Can a High Court invalidate a property sale based on a belated challenge to the mortgage’s validity? The Supreme Court of India recently addressed this question, overturning a High Court decision that had set aside a sale certificate. The case involved a dispute over a property sale where the validity of the underlying mortgage was
Can a mortgagor’s waiver of rights under the Transfer of Property Act, 1882, invalidate a mortgage if not registered? The Supreme Court of India addressed this crucial question in a recent case concerning a loan dispute. The Court overturned the High Court’s decision, upholding the validity of the mortgage. This case highlights the importance of
