Supreme Court Clarifies Stamp Duty on Assignment Deeds with Power of Attorney Date of the Judgment: 26 April 2022 Citation: Civil Appeal No. 3070 of 2022 (@ Special Leave Petition (Civil) No. 34723 of 2016) Judges: Hemant Gupta, J., V. Ramasubramanian, J. Can a single document, an assignment agreement, be subjected to stamp duty twice, […]
Supreme Court Upholds Municipal Authority’s Right to Reject Auction Sale: Municipal Committee, Barwala vs. Jai Narayan and Company (2022) LEGAL ISSUE: Whether a successful bidder in a public auction has a legal right to demand execution of a sale deed if the auction is not confirmed by the competent authority. CASE TYPE: Civil Law –
Supreme Court Upholds State’s Right to Reject Highest Bid in Public Auction: State of Punjab vs. Mehar Din (2022) LEGAL ISSUE: Whether the State is bound to accept the highest bid in a public auction. CASE TYPE: Public Auction/Contract Law Case Name: State of Punjab & Others vs. Mehar Din [Judgment Date]: March 2, 2022
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 clarifies ineligibility under Section 29A(h) of IBC: Bank of Baroda vs. MBL Infrastructures (2022) LEGAL ISSUE: Interpretation of Section 29A(h) of the Insolvency and Bankruptcy Code, 2016 concerning the eligibility of a resolution applicant who has provided a guarantee to a creditor. CASE TYPE: Insolvency Law Case Name: Bank of Baroda & Anr.
Supreme Court Clarifies Eligibility Under Section 29A(h) of IBC: Bank of Baroda vs. MBL Infrastructures (2022) Date of the Judgment: January 18, 2022 The Supreme Court of India, in a recent judgment, addressed a critical question regarding the eligibility of resolution applicants under the Insolvency and Bankruptcy Code, 2016 (IBC). Specifically, the court examined whether
Supreme Court Clarifies Ineligibility under Section 29A(h) of IBC for Guarantors: Bank of Baroda vs. MBL Infrastructures Ltd. (2022) LEGAL ISSUE: Interpretation of Section 29A(h) of the Insolvency and Bankruptcy Code, 2016 regarding the eligibility of a personal guarantor to submit a resolution plan. CASE TYPE: Insolvency Law Case Name: Bank of Baroda & Anr.
Supreme Court Settles Applicability of SARFAESI Act to Cooperative Banks (2020) LEGAL ISSUE: Whether the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) applies to cooperative banks. CASE TYPE: Banking Law Case Name: Pandurang Ganpati Chaugule v. Vishwasrao Patil Murgud Sahakari Bank Limited Judgment Date: May 05, 2020
Supreme Court Orders Return of Original Documents to Auction Purchaser, Except for Disputed Land: Tripower Enterprises vs. State Bank of India (2020) LEGAL ISSUE: Whether an auction purchaser is entitled to the original title documents of a property bought in a public auction, when the validity of the mortgage is under dispute and a portion
Supreme Court Clarifies Pre-Deposit Requirement for DRAT Appeals under SARFAESI Act LEGAL ISSUE: Whether pre-deposit is mandatory for entertaining an appeal before the Debt Recovery Appellate Tribunal (DRAT) under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). CASE TYPE: Banking/Finance Law Case Name: Union
Supreme Court Directs Payment in Contempt Case: Kotak Mahindra Bank vs. Sanjiv Gupta (2019) LEGAL ISSUE: Whether a party is in contempt of court for not complying with an earlier order to pay a specific amount. CASE TYPE: Contempt of Court Case Name: Kotak Mahindra Bank Limited vs. Mr. Sanjiv Gupta & Others Judgment Date:
Supreme Court Upholds Auction Cancellation in Property Sale Case: Sankalp Recreation vs. Union of India (2019) LEGAL ISSUE: Whether the cancellation of an auction process by the government, despite a highest bid above the reserve price, is valid. CASE TYPE: Civil Appeal, Property Law, Auction Law. Case Name: Sankalp Recreation Private Limited vs. Union of
