Supreme Court Upholds Auction Sale Under SARFAESI Act, Dismissing Borrower’s Writ Petition LEGAL ISSUE: Whether a High Court can entertain a writ petition under Article 226 of the Constitution of India when an alternative statutory remedy is available under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). […]
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 Upholds Debtor’s Right to Reclaim Property Under Income Tax Act: R.S. Infra-Transmission Ltd. vs. Saurinindubhai Patel (2022) LEGAL ISSUE: Whether a debtor’s right to reclaim property under Rule 60 of the Second Schedule of the Income Tax Act, 1961, can be defeated due to a minor shortfall in payment caused by an error
Supreme Court Upholds Auction Sale: Deenadayal Nagari Sahakari Bank Ltd. vs. Munjaji (2022) LEGAL ISSUE: Whether the High Court was right in setting aside an auction sale due to alleged procedural irregularities under the Maharashtra Co-operative Societies Rules, 1961. CASE TYPE: Recovery of Debt/Cooperative Law Case Name: Deenadayal Nagari Sahakari Bank Ltd. & Another vs.
Supreme Court Upholds Auction Sale, Rejects Challenge Based on Waiver and Estoppel: Pravesh Kumar Sachdeva vs. State of Uttar Pradesh (2018) Date of the Judgment: September 13, 2018 Citation: 2018 INSC 780 Judges: Madan B. Lokur, J., S. Abdul Nazeer, J., Deepak Gupta, J. Can a party challenge an auction sale after accepting the excess
