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SARFAESI Act

A collection of 12 posts

North Eastern Development Finance Corporation Ltd. v. L. Doulo Builders and Suppliers Co. Pvt. Ltd., 2025 INSC 1446 - SARFAESI Act vs Constitutional Provisions

North Eastern Development Finance Corporation Ltd. v. L. Doulo Builders and Suppliers Co. Pvt. Ltd., 2025 INSC 1446 - SARFAESI Act vs Constitutional Provisions

Read Judgment In LawLens Note You can read our notes on this judgment in our Supreme Court Daily Digests. If you are our subscriber, you should get it in our Whatsapp CaseCiter Community at about 9pm on every working day. If you are not our subscriber yet, you can register

Jalgaon District Central Coop. Bank Ltd. v. State of Maharashtra 2025 INSC 1335 - EPF - SARFAESI

Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 - Section 11(2) ; SARFAESI Act, 2002- Section 13,35,26E - There being a clear first charge created under the EPF&MP Act, it overrides the priority under Section 35 and Section 13 as also that conferred under Section 26-E

M. Rajendran vs KPK Oils and Proteins India Pvt. Ltd. 2025 INSC 1144 - SARFAESI Act - Security Interest (Enforcement) Rules - Interpretation of Statutes

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Security Interest (Enforcement) Rules, 2002- Whether Rule 8(6) read with Rule 9(1) of the SARFAESI Rules contemplate issuance of two distinct and separate notices of sale ?- Whether there is a requirement to maintain

Edelweiss Asset Reconstruction Limited vs. Regional PF Commissioner II & Recovery Officer, Bengaluru 2025 INSC 1045 - SARFAESI - PF Act

Note You can read our notes on this judgment in our Supreme Court Daily Digests. If you are our subscriber, you should get it in our Whatsapp CaseCiter Community at about 9pm on every working day. If you are not our subscriber yet, you can register by clicking here: Note:

Shri Shri Swami Samarth Construction & Finance Solution vs Board of Directors of NKGSB Co-op. Bank Ltd. 2025 INSC 908 - SARFAESI Act - MSMED Act

Micro, Small and Medium Enterprises Development Act, 2006 - SARFAESI Act 2002 - Section 13 - Framework for Revival and Rehabilitation of MSMEs - A right under the MSME Act is not destroyed by the SARFAESI Act or vice versa - The terms of the FRAMEWORK do not prohibit the

PNB Housing Finance Limited vs. Manoj Saha 2025 INSC 847 - Writ Petitions- SARFAESI Matters - Tenants

Constitution of India - Article 226,227 - SARFAESI Act - Any person claiming to be lessees/tenants in respect of secured assets to approach the DRT against measures under section 13(4) of SARFAESI, including taking possession of the secured asset. Tribunal is empowered to declare such measures invalid

Bank Of India vs Sri Nangli Rice Mills Pvt. Ltd. 2025 INSC 765 - Section 11 SARFAESI Act

❓What is Section 11 SARFAESI Act about? Section 11 of the SARFAESI Act, provides for a statutory arbitration for any dispute mentioned therein between any of the parties enumerated thereunder. There is no need for an explicit written agreement to arbitrate between such parties in order to attract Section 11

Maharashtra Protection of Investors and Depositors Act

National Spot Exchange Limited vs Union Of India 2025 INSC 694 - MPID Act vs SARFAESI Act & RDB Act

Maharashtra Protection of Investors and Depositors Act, 1999 ; SARFAESI Act, 2002 ; RDB Act, 1993 -IBC 2016 - SARFAESI Act and RDB Act having been enacted by the Parliament for the subject matter falling in List-I and the MPID Act having been enacted by the State Legislature for the subject matter

Central Bank Of India vs Prabha Jain 2025 INSC 95 - Ss 17,34 SARFAESI Act -

SARFAESI Act - Section 17, 34 - In this case, the plaintiff in her suit has prayed for 3 reliefs: For a declaration that the sale deed executed by one Sumer Chand Jain in favour of Parmeshwar Das Prajapati is illegal (“first relief”) 2. For a declaration that the mortgage

Boltmaster India Private Limited Vs The Board Of Directors Of Union Bank Of India - SARFAESI - RDB - IBC

Summary: SC dismissed Writ petition seeking a declaration that Section 13 of the SARFAESI Act, and Section 19 of the RDB Act, Sections 7, 9, 10 and 95 of the IBC are unconstitutional; that Section 34 of the RDB Act, and Section 34 of the SARFEASI Act and Section 63

Jyoti Limited Vs BSE Limited 2024 INSC 992- S 62 Companies Act - S 9 SARFAESI Act - Listing Of Equity Shares

Companies Act, 2013 - Section 62 ; SARFAESI Act- Section 9- The appellant-Jyoti Limited applied for listing of certain equity shares to the Bombay Stock Exchange1 but the application to that effect was not accepted for the reason that the appellant had not taken in principle approval from the Stock Exchange

Transfer Of Property Act

CELIR LLP vs Sumati Prasad Bafna 2024 INSC 978 - S 52 TP Act - Lis Pendens - Contempt Of Court

Transfer of Property Act 1882 -Section 52- Doctrine of Lis Pendens - Although Section 52 does not render a transfer pendente lite void yet the court while exercising contempt jurisdiction may be justified to pass directions either for reversal of the transactions in question by declaring the said transactions to