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INTRODUCTION: (1) The main enforcing provision is Section 13 in Chapter III of the Securitisation and Reconstruction of Financial As ..
The highlights of above ruling are as under:- (a) Actions taken by the secured creditor u/s 13(4) (e.g. notice of possession) are open to scrutiny u/s 17. Such actions can not only be set aside but even status quo ante can be restored by the D ..
In State of U.P. Vs Neeraj Awasthi & Others {2005 (5) Suppl.SCR 906 , 2006 (1) SCC 667 , 2005 (10) SCALE 286 , 2006(1) JT19; Date of Judgment: 16/12/2005} honble Supreme Court has observed as follows. In All Manipur Regular ..
Recently, a three judge bench of honble Supreme Court in Radheshyam Kejriwal Vs State of West Bengal & Anr. {(2011) 3 SCC 581; Decided on 18.02.2011} held as follows (per majority) (SCC para 37, 38 and 39). 19& ..
Before declaring NPAs, Bankers have numerous duties to perform including rehabilitation not only once but multiple times Important Information for Borrowers and their advocates Our Associate and Banking Expert has drawn attention to the ..
INTRODUCTION: Recently, relying on two decisions of the hon'ble Supreme Court in the case of Harman Electronics Private Limited Vs. National Panasonic India Private Limited {2009 (1) SCC 720; Decided on 12.12.2008} and in the case of Shri Isha ..
1. Introduction Recently, honble Supreme Court in Gangadhara Palo Vs The Revenue Divisional Officer & Another {(2011) 4 SCC 602; Decided on 08.03.2011} has held that there can be no review of a judgment, if appeal has already been dec ..
1. Introduction Recently, a 2 judge bench of honble Supreme Court in Sita Ram Gupta Vs. Punjab National Bank and Ors {(2008) 5 SCC 711, Appeal (civil) 1878 of 2008, Date of judgment: 10/03/2008} held as follows (in para 8): 8&hell ..
If parties to a contract have agreed to something unreasonable, they should be treated as if they have not agreed at all and be released. This happens in the case of general insurance contracts and is dealt with here in the light of a recen ..
1. Introduction Recently, a 2 judge bench of honble Supreme Court in Sita Ram Gupta Vs. Punjab National Bank and Ors {(2008) 5 SCC 711, Appeal (civil) 1878 of 2008, Date of judgment: 10/03/2008} held as follows (in para 8): 8&hell ..
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