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Articles by Narendra Sharma

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Lies Vs Truth Regarding Recovery Of ‘Industrial Loan’

  Narendra Sharma   23 May 2011 at 00:54

1/ The Industrial Loan is required for an industry which is a social activity generating employment for the masses (direct as well as indirect), generation of public revenue by way of taxation for meeting public expenses thro ..


Posted in Corporate Law  4 comments |   3588 Views


When does the “overriding effect” operate

  Narendra Sharma   18 May 2011 at 18:53

1. Introduction: Section 34 of the DRT Act, 1993 (short for Recovery Of Debts Due To Banks and Financial Institutions Act, 1993) provides that the Act to have overriding effect. Similarly, Section 35 of the Securit ..


Posted in Civil Law  6 comments |   12097 Views


Disobedience To Order of Arbitrator is An Offence

  Narendra Sharma   09 May 2011 at 13:24

It is a prevalent belief that section 17 of the Arbitration and Conciliation Act, 1996 (the Act) does not confer any power on the Arbitral tribunal to enforce its order for interim measure of protection, nor does it provide for judic ..


Posted in Civil Law  3 comments |   3634 Views


DRT Can Not Decide Tenancy And Ownership Issues

  Narendra Sharma   06 May 2011 at 01:03

QUERY: "Kindly give opinion whether the jurisdiction of civil court is not excluded and the DRT does not have power to decide tenancy and ownership issues?" (This has become necessary to convince the Civil Court, before whom a suit is ..


Posted in Corporate Law  5 comments |   3638 Views


Agreements Valid Without Paying Stamp Duty-“Purchase order”, “Airline ticket” and “Courier receipt”

  Narendra Sharma   25 April 2011 at 09:40

Extracts from Section 3 and Entry No. 5 in Schedule I to the Indian Stamp Act, 1899 are reproduced below for ready reference. (A) Entry No. 5 in Schedule I (Stamp Duty on Instruments) to the Indian Stamp Act, 1899 read as follows. 5. AGRE ..


Posted in Corporate Law  3 comments |   7376 Views


When an Unregistered Equitable Mortgage Deed is Invalid

  Narendra Sharma   23 April 2011 at 00:21

An extract of section 58(f) and section 59 of the Transfer of Property Act, 1882 is reproduced below for ready reference. 58(f). Mortgage by deposit of title-deeds.Where a person in any of the following towns, namely, the towns of Calcutt ..


Posted in Corporate Law  3 comments |   8026 Views


Securitisation Act is Violative of the Right To Shelter as a Fundamental Right

  Narendra Sharma   11 April 2011 at 09:55

1.1 Honble Supreme Court in U.P. Avas Evam Vikas Parishad & Anr. Vs. Friends Coop. Housing Society Ltd. & Anr. (AIR 1996 SC 114; Date of Judgment 24/04/1995) held that Right to shelter is a fundamental right, which springs ..


Posted in Corporate Law  4 comments |   3822 Views


Judicial Discipline – High time to Evolve the Concept of Judicial Accountability

  Narendra Sharma   05 April 2011 at 20:46

Introduction Recently in Commissioner of Income-tax Vs. General Insurance Corporation (2007)19 CLA-BL Supp 85 (SC) (decided on 25 September, 2006) (hereinafter referred to as CIT Vs. GIC) the Honble Supreme Court has held t ..


Posted in Constitutional Law  16 comments |   4350 Views


Writ Petition will be not be maintainable against the award of RBI Ombudsman

  Narendra Sharma   01 April 2011 at 22:41

Recently, in Kanaiyalal Lalchand Sachdev & Ors. Vs. State of Maharashtra & Ors. {(2011) 2 SCC 782; decided on 07.02.2011} honble Supreme Court has observed as follows (in para 21): 21. In our opinion, therefore, the High Cour ..


Posted in Constitutional Law |   3551 Views


Complaint Quashed against Ex-Director-Section 138 NI Act – Dishonor of Cheque

  Narendra Sharma   29 March 2011 at 00:13

In HARSHENDRA KUMAR D. V. REBATILATA KOLEY ETC {(2011) 3 SCC 351; Decided on 8-02-2011} honble Supreme Court has held as follows (in para 26 and 28). 26In our opinion, the High Court fell int ..


Posted in Criminal Law  2 comments |   3658 Views