Transfer of Property Act, 1882 with Section 130

Supreme Court clarifies the distinction between assignment and security interest in lease rental discounting: Infrastructure Leasing and Financial Services Ltd vs HDFC Bank Ltd (2023) INSC 929 (19 October 2023)

/ Companies Act, 2013, Companies Act, 2013 with Section 241, Companies Act, 2013 with Section 242, Transfer of Actionable Claims, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 130, Transfer of Property Act, 1882 with Section 5

Supreme Court Clarifies Assignment vs. Security Interest in Lease Rental Agreements Date of the Judgment: 19 October 2023 Citation: (2023) INSC 929 Judges: S. Ravindra Bhat, J., Dipankar Datta, J. Can a lender claim ownership over rental income when a borrower assigns it as security for a loan? The Supreme Court of India recently addressed […]

Supreme Court clarifies the distinction between assignment and security interest in lease rental discounting: Infrastructure Leasing and Financial Services Ltd vs HDFC Bank Ltd (2023) INSC 929 (19 October 2023) Read Post »

Supreme Court Upholds Rejection of Substitution as Secured Creditor: Suzuki Parasrampuria Suitings Pvt. Ltd. vs. The Official Liquidator (2018)

/ Actionable Claim, Companies (Court) Rules, 1959, Companies (Court) Rules, 1959 with Rule 9, Judges, K.M. Joseph, Navin Sinha, Ranjan Gogoi, Secured Creditor, Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 130

Supreme Court Upholds Rejection of Substitution as Secured Creditor: Suzuki Parasrampuria Suitings Pvt. Ltd. vs. The Official Liquidator (2018) LEGAL ISSUE: Whether an assignee of debt can be substituted as a secured creditor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act) if it is not a

Supreme Court Upholds Rejection of Substitution as Secured Creditor: Suzuki Parasrampuria Suitings Pvt. Ltd. vs. The Official Liquidator (2018) Read Post »

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