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Forfeiture of Earnest Money: Legal Insights in SARFAESI Proceedings
Introduction The recent Supreme Court judgment addressing appeals concerning the forfeiture of earnest money deposit by a Nationalized Bank in a property auction under the Securiti
Financial Debt and Joint Venture Investments: A Comprehensive Legal Analysis Under the Insolvency and Bankruptcy Code
Introduction The Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “the Code”) represents a watershed moment in India’s commercial jurisprudence, f
The Intersection of SARFAESI Act and IBC: A Comprehensive Analysis of Haldiram Incorporation Pvt. Ltd. v. Amrit Hatcheries Pvt. Ltd. and Others
Introduction The interaction between the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and the Insolvency and
Agricultural Land Under the SARFAESI Act: A Comprehensive Legal Analysis
Introduction The Indian banking sector has long grappled with the challenge of recovering non-performing assets while navigating complex legal frameworks that protect certain categ
IRAC Norms RBI: NPA Classification and Provisioning Framework
Introduction The Indian banking sector has undergone significant regulatory transformation with the Reserve Bank of India’s landmark notification dated November 12, 2021, con
DRT Pecuniary Jurisdiction: ₹20 Lakh Threshold Explained
Introduction The intersection of debt recovery mechanisms and banking regulations in India has always been a subject of intense legal scrutiny. Among the most significant aspects o
IBC Section 96 Moratorium vs. Section 138 NI Act: Recent SC Position
Introduction The intersection of insolvency law and criminal liability for dishonoured cheques represents one of the most complex and evolving areas of Indian commercial jurisprude
RBI Guidelines on Quashing SARFAESI Proceedings for Non-Compliance under SARFAESI Act 2002
Introduction The banking sector in India faces persistent challenges with non-performing assets that threaten the stability of financial institutions. To address these concerns, Pa
Borrower’s Right to Redeem Mortgage Under SARFAESI Act: Supreme Court’s Landmark Ruling on the Extinguishment of Redemption Rights Upon Auction Notice Publication
Introduction The Supreme Court of India delivered a watershed judgment in September 2023 that significantly clarified the boundaries of a borrower’s right to redeem mortgage
Personal Insolvency Consequences in India: IBC Section 100 & Discharge
Introduction The landscape of insolvency and bankruptcy law in India underwent a paradigmatic transformation with the enactment of the Insolvency and Bankruptcy Code, 2016 (hereina
