Financial Law

Supreme Court Sets Aside Stay on Investigation in Money Laundering Case: Directorate of Enforcement vs. Niraj Tyagi & Ors. (2024)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 438, Code of Criminal Procedure, 1973 with Section 482, Criminal Investigation, Criminal Law, Enforcement Case Information Report (ECIR), Financial Law, Interim Orders, Interim Relief, Judicial Review, Loan Defaults, Prevention of Money Laundering Act, 2002, SARFAESI Act, Stay of Proceedings, Supreme Court Judgments

Supreme Court Sets Aside Stay on Investigation in Money Laundering Case: Directorate of Enforcement vs. Niraj Tyagi & Ors. (2024) LEGAL ISSUE: Whether High Courts can stay investigations in criminal cases and proceedings under the Prevention of Money Laundering Act, 2002 (PMLA). CASE TYPE: Criminal, Money Laundering. Case Name: Directorate of Enforcement vs. Niraj Tyagi […]

Supreme Court Sets Aside Stay on Investigation in Money Laundering Case: Directorate of Enforcement vs. Niraj Tyagi & Ors. (2024) Read Post »

Supreme Court clarifies pre-deposit under SARFAESI Act: Sidha Neelkanth Paper Industries vs. Prudent ARC Limited (2023)

/ B.V. Nagarathna, Judges, M.R. Shah, Recovery of Debts and Bankruptcy Act, 1993, Recovery of Debts and Bankruptcy Act, 1993 with Section 2(g), SARFAESI Act, SARFAESI Act with Section 13(2), SARFAESI Act with Section 18

Supreme Court Clarifies Pre-Deposit Requirements Under SARFAESI Act: Sidha Neelkanth Paper Industries vs. Prudent ARC Limited (2023) LEGAL ISSUE: Interpretation of Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) regarding pre-deposit requirements for appeals. CASE TYPE: Securitisation and Debt Recovery Case Name: M/s Sidha

Supreme Court clarifies pre-deposit under SARFAESI Act: Sidha Neelkanth Paper Industries vs. Prudent ARC Limited (2023) Read Post »

Supreme Court Upholds SARFAESI Act: Phoenix ARC Wins Against Vishwa Bharati Vidya Mandir (12 January 2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 226, Enforcement of Security Interest, Judges, M.R. Shah, SARFAESI Act, SARFAESI Act with Section 13, SARFAESI Act with Section 17

Supreme Court Upholds SARFAESI Act: Phoenix ARC Wins Against Vishwa Bharati Vidya Mandir LEGAL ISSUE: Whether a writ petition under Article 226 of the Constitution of India is maintainable against a private Asset Reconstruction Company (ARC) regarding actions under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

Supreme Court Upholds SARFAESI Act: Phoenix ARC Wins Against Vishwa Bharati Vidya Mandir (12 January 2022) Read Post »

Supreme Court Relieves Borrowers: No Compound Interest During Moratorium Period (27 November 2020)

/ Ashok Bhushan, Constitution of India, Constitution of India with Article 21, COVID-19 Pandemic, Disaster Management Act, 2005, Disaster Management Act, 2005 with Section 6, Financial Law, Fundamental Rights, Government Relief Measures, Judges, Loan Moratorium, M.R. Shah, R. Subhash Reddy, Reserve Bank of India Notifications

Supreme Court Relieves Borrowers: No Compound Interest During Moratorium Period LEGAL ISSUE: Whether interest should be charged on loan amounts during the moratorium period declared due to the COVID-19 pandemic. CASE TYPE: Public Interest Litigation, Financial Law Case Name: Gajendra Sharma vs. Union of India and Anr. Judgment Date: 27 November 2020 Date of the

Supreme Court Relieves Borrowers: No Compound Interest During Moratorium Period (27 November 2020) Read Post »

Supreme Court Prioritizes Employee Dues over Secured Creditor in SARFAESI Act Case: Maharashtra State Co-operative Bank Ltd. vs. Babulal Lade (2019)

/ Enforcement of Security Interest, Government Claims on Land, Judges, Krishna Murari, Maharashtra Land Revenue Code, 1966, Maharashtra Land Revenue Code, 1966 with Section 169, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 with Section 50, Mohan M. Shantanagoudar, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13, Unfair Labour Practices

Supreme Court Prioritizes Employee Dues over Secured Creditor in SARFAESI Act Case: Maharashtra State Co-operative Bank Ltd. vs. Babulal Lade (2019) LEGAL ISSUE: Whether employee dues can take precedence over the claim of a secured creditor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). CASE TYPE:

Supreme Court Prioritizes Employee Dues over Secured Creditor in SARFAESI Act Case: Maharashtra State Co-operative Bank Ltd. vs. Babulal Lade (2019) Read Post »

Supreme Court clarifies the rights of tenants under the SARFAESI Act in mortgage disputes: Bajarang Agarwal vs. Central Bank of India (2019)

/ Enforcement of Security Interest, Indira Banerjee, Judges, Leases of Immovable Property, Mohan M. Shantanagoudar, N.V. Ramana, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13, SARFAESI Act, 2002 with Section 14, Transfer of Property Act, Transfer of Property Act with Section 107

Supreme Court Clarifies Tenant Rights Under SARFAESI Act: Bajarang Agarwal vs. Central Bank of India (2019) LEGAL ISSUE: The interplay between the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and the rights of tenants, particularly concerning eviction from mortgaged properties. CASE TYPE: Real Estate/Mortgage Law, focusing on

Supreme Court clarifies the rights of tenants under the SARFAESI Act in mortgage disputes: Bajarang Agarwal vs. Central Bank of India (2019) Read Post »

Supreme Court clarifies timeline for balance payment in property auction under SARFAESI Act: Rakesh Birani vs Prem Narain Sehgal (21 March 2018)

/ Arun Mishra, Enforcement of Security Interest, Judges, SARFAESI Act with Rule 9, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Security Interest (Enforcement) Rules, 2002, Security Interest (Enforcement) Rules, 2002 with Rule 9(2), Security Interest (Enforcement) Rules, 2002 with Rule 9(4), Uday Umesh Lalit

Supreme Court Clarifies Timeline for Balance Payment in Property Auction under SARFAESI Act LEGAL ISSUE: Determining the commencement date for the 15-day period to deposit the remaining 75% of the auction amount in a property sale under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. CASE TYPE: Securitisation and

Supreme Court clarifies timeline for balance payment in property auction under SARFAESI Act: Rakesh Birani vs Prem Narain Sehgal (21 March 2018) Read Post »

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