News & Articles

SC Larger Bench held that SARFEASI Act is applicable to Cooperative Banks

Posted on Friday, May 8th, 2020

In its landmark judgement, the Supreme Court has held that the SARFAESI Act 2002 is applicable to cooperative banks also. The issue before the larger bench (5 judges) was of the applicability of the SARFAESI Act 2002 to the cooperative banks.

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Amendment in SARFAESI Act now gives priority of claim to secured creditors

Posted on Tuesday, December 31st, 2019

In a major amendment to the Sarfaesi Act, the government has notified Section 26 (E), wherein now the secured creditors/banks will have the 1st priority of claim over the mortgaged assets qua all other claims

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6 Months wait period for divorce can be waived :- Supreme Court

Posted on Wednesday, September 13th, 2017

After declaring triple talaq as unconstitutional, now the apex court in a judgement has cut off the waiting period for divorce by 6 months under the Hindu Marriage Act of 1955. It has made it clear that a couple will not have to wait for the mandatory 18 months period for separation.

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DM has no power to adjudicate upon Sec 14 DM application under SARFEASI

Posted on Friday, March 24th, 2017

Whether the DM or Chief Metropolitan Magistrate has any power to give notice or call the borrower or any 3rd party to decide the secured creditor’s application under Section 14 of SARFAESI Act, 2002 ?

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Debt Recovery Tribunals poor performance has worsen the crisis in Indian Banking

Posted on Sunday, March 12th, 2017

One of the main reasons affecting the Indian economy is the consistent rise in the NPA’s of all the public/private sector banks.

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IBC, 2016 can speed up loan recovery & resolution for banks

Posted on Saturday, February 25th, 2017

With the introduction of the Insolvency & Bankruptcy Code, 2016 now the banks can hope to recover more within a time bound period from their bad loans

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Is the auction purchaser completely helpless after Matthew Varghese Judgment

Posted on Thursday, January 26th, 2017

The judgment of Matthew Varghese specifically laid down that a clear 30 days’ notice of sale had to be given to the borrower. Any lesser time period being given to the borrower would vitiate the auction proceedings.

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SC directed states to upload FIRs within 24 hours

Posted on Friday, October 14th, 2016

the Supreme Court directed all the states and UT's to upload the FIRs on the internet (official website of police) within 24 hours of registration with certain exceptions mentioned in its latest judgment

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6 months waiting period in mutual divorce can be waived off: SC

Posted on Friday, August 12th, 2016

the Supreme Court today in exercise of its powers under Article 142 of the Constitution of India has waived off the statuary period of 6 months by granting the decree of divorce by mutual consent to a couple.

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The Curiosity Infusing “John Doe”

Posted on Friday, August 5th, 2016

There has been much ado over “John Doe” in the recent months and most of you may faintly recollect this as a familiar term from a randomly tumbled upon news report, or an article from one of the urban news websites or even social media posts.

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Tenant cannot be evicted by using SARFAESI Act: SC

Posted on Sunday, July 31st, 2016

Supreme Court has held that the tenant cannot be evicted by using the provisions of SARFAESI Act, 2002. The tenants can only be evicted under the provisions of Rent Control Laws after following due process of law.

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SC to builders: deliver possession on time or go to jail

Posted on Wednesday, July 20th, 2016

The Court has directed the real estate giant Unitech to deposit Rs. Five crores with the registry of the court. The reason for such an order is that Unitech Ltd has failed to give the possession of the apartments within stipulated time of three years at Noida.

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The top ten tips for trial lawyers

Posted on Monday, July 11th, 2016

Remember we are colleagues, not gladiators and our Bar is the place where we assist each other, get along, and thereby improve the efficiency of the trial process.

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Church Courts Cannot Grant Decree of Divorce: SC

Posted on Tuesday, July 5th, 2016

The Supreme Court came down heavily on Courts popularly known as Church Courts among the Christians who were granting divorce decrees to the Catholic Christians and observed that such courts cannot grant the decree of divorce.

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Payment methods through different types of Cheques

Posted on Tuesday, June 28th, 2016

A cheque is an instrument of payment. Which is issued by an account holder for the purpose of making payments, cash withdrawals, funds transfer to another bank account. Cheque is a successful alternative of high-value transactions instead of hard cash.

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DM has to complete recovery process with in 30 days – new bill 2016

Posted on Friday, June 24th, 2016

In order to make the recovery of the bad debts faster & effective the central government has introduced the bill “The Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016” for the better implementation of Sarfaesi Act, 2002.

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SC Collegium rejected Centre’s proposal on judges appointment

Posted on Sunday, June 12th, 2016

Collegium has rejected all the major proposals sent by the government for the appointment of judges to the higher judiciary. The govt. in its MoP wanted to introduce merit-cum-seniority rather than seniority-cum-merit.

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Pay Rs.5000/- daily if possessions are delayed-Consumer Court to DLF

Posted on Wednesday, June 8th, 2016

National Consumer Disputes Redressal Commission has directed the real estate giant DLF to pay Rs. 5000/- per day to each allottee for the delay in handing over the physical possession of the unit which they had booked.

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CJI Vs. Finance Minister (Judiciary Vs. Executive)

Posted on Tuesday, June 7th, 2016

Chief Justice of India Mr. T.S. Thakur on Monday at Srinagar said that when executive fails in its duty then only Judiciary interferes. The need for the judiciary to intervene arises only when the government does not work properly or people lose their faith in them

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Doctors to pay for deaths during strike : Allahabad High Court  

Posted on Monday, June 6th, 2016

Doctors had no legal right to go on strike or absent themselves from their duty. If they did, they were inviting the serious action against them and it would also justify criminal liability if any patient suffered on account of the strike

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HDFC Bank has no respect for India: NCDRC

Posted on Saturday, June 4th, 2016

The Apex Consumer Court granted the compensation of Rs. 5,00,000/- for non-activation of the debit card of the Indian Couple strucked up in foreign country and said that HDFC Bank has no love and respect for its country as India's reputation was at stake.

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India becomes first nation to implement Google tax

Posted on Thursday, June 2nd, 2016

Google tax or Equalization levy or Service tax is imposed on transactions dealing with profits or royalties, which otherwise have been redirected to other jurisdictions with cheaper or zero rates.

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Delhi High Court halts JNU action against Umar Khalid & Anirban

Posted on Saturday, May 28th, 2016

The High Court of Delhi has given a stay on Jawahar Lal Nehru University Administration action taken against Umar Khalid & Anirban Bhattacharya. These two students were accused under section 124-A of IPC (sedition).

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Landmark Judgement by Justice Kannan -Terminally Ill can Claim Insurance

Posted on Wednesday, May 25th, 2016

Milestone achieved towards the Patients Autonomy. Taking progressive step towards this direction, The Punjab and Haryana High Court in its landmark judgment authored by Justice K. Kannan

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What is Intellectual Property & Why Protect it

Posted on Sunday, May 22nd, 2016

Intellectual property rights (IPR) are any other property right. Which allow creators or owners to benefit from investment or their own work in a creation of patented, trademarked or copyrighted work. Intellectual property is divisible into two categories:

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Apex Consumer Court told Unitech to refund 3.04 Crore for not giving posessesion

Posted on Friday, May 20th, 2016

In the major setback to the builder Unitech Limited the National Consumer Disputes Redressal Commission while hearing the case of a retired Army personnel and his wife has directed the Unitech Limited to repay/refund the massive amount of Rs. 3.04 crore along with 18% interest per annum for not delivering the plot on time.

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What is Real Estate (Regulatory & Development) Bill, 2016

Posted on Saturday, May 14th, 2016

The Bill is expected to modify traditional practices and bring out a more transparency, governance, accountability and professional approach. The Bill requires every state to draft its respective laws within one year from the date, when Bill becomes the law.

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70,000 more judges are required to clear 3 crores pending cases

Posted on Monday, May 9th, 2016

Chief Justice of India TS Thakur on Sunday said, the country needs about 70,000 judges for smooth conduct of the courts and clearing the huge backlog of cases. Describing the shortage of judges a formidable challenge, the CJI said,

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Criminal Negligence in Medical Profession

Posted on Friday, April 29th, 2016

The law does not expect a duly qualified health care practitioner to bring the highest possible degree of skill each time during the treatment or to be the one who guarantee cures. But it expects from such a physician to use that degree of skill & judgment which an average man of same qualification ought to have.

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Amount deposited before DRAT has to be refunded to appellant: SC

Posted on Tuesday, April 26th, 2016

The Apex Court held that the partial deposit before the Debt Recovery Appellate Tribunal (DRAT) as a pre-condition for considering the appeal on merits in terms of Section 18 of the SARFAESI Act, is neither a secured asset, nor a secured debt, and hence refundable to the appellant on disposal of appeal.

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Police must register the FIR says Supreme Court

Posted on Wednesday, April 13th, 2016

The Supreme Court has ruled that police are mandatorily required to register the FIR when approached by complainants willing to report a cognizable offence. The five judge Constitution bench headed by Chief Justice P. Sathasivam said.....

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Five Tips to Effectively Engage and Use Legal Counsel

Posted on Thursday, January 28th, 2016

Like it or not, most business owners, corporations, individuals, banks, insurance firms, corporate's will require legal counsel from time to time.

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How to avoid Medical Litigation ?

Posted on Tuesday, December 29th, 2015

The factors which should be considered with utmost attention while managing a patient are consent, an elaborate case history recording, well understood drug prescription policy & knowledge of emergency situation handling.

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RBI is Duty Bound to provide Information under RTI Act

Posted on Friday, December 18th, 2015

The Reserve Bank of India (RBI) and commercial banks cannot hide routine information, such as the names of top defaulters, the losses suffered by banks and details of action taken against erring banks, sought by the public under the Right to Information Act, the Supreme Court ruled on Wednesday .

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Mediation is the Alternative for Resolution of Business Disputes

Posted on Monday, December 14th, 2015

Why is Mediation the most rapidly growing approach for the resolution of business disputes? In 1997, the survey was conducted regarding the conflict resolution approaches among Fortune 1,000 companies. More than 600 companies responded to the survey,

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Jurisdiction of Cheque Bounce Cases Redefined by Ordinance

Posted on Monday, September 7th, 2015

The perplexity over jurisdiction of courts in cheque bouncing cases has finally been resolved by the three judge bench of the apex court in Dashrath Rupsingh Rathod v State of Maharashtra & Anr, (2014) 9 SCC 129.

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Landmark Judgement on Anticipatory Bail by SC

Posted on Sunday, September 6th, 2015

The question which generally evolves around the legal corridors is whether bail is a matter of right ? Does it impinges on fundamental rights of the accused etc. This involves issues of great public importance pertaining to the importance of individual’s personal liberty and the society’s interest.

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Tips for Tenants Facing Eviction

Posted on Wednesday, September 2nd, 2015

Most tenants who are facing eviction are being evicted as a consequence of nonpayment of rent, on account of personal necessity etc. Others may face eviction for a variety of reasons, including violation of lease terms, creation of a health or safety hazard, or even a personality dispute with a landlord.

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India set to allow foreign lawyers to act in arbitration cases

Posted on Thursday, August 27th, 2015

With an eye to make India an arbitration hub, the union cabinet on Wednesday approved a number of amendments to the Arbitration and Conciliation Bill, 2015 to make the resolution of commercial disputes less time-consuming with an option of fast-tracking the process.

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Six Instances of Patriotism in the Indian Judiciary

Posted on Sunday, August 16th, 2015

Over the years, Indian courts, particularly the higher judiciary, have done their best to preserve the ideals of the freedom struggle. To this end, the court, while deciding cases, have ensured that the great sacrifices made during the freedom struggle are not forgotten the years go by.

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DM has no power to adjudicate upon DM application

Posted on Thursday, July 30th, 2015

In this commercial era, when the NPA is mounting day by day, for banks & financial institutions to recover the NPA amount is a foremost concern. But the indifferent attitude of the District Magistrate in giving the DM permission on time raises further concern.

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The Journey of the Young Lawyer

Posted on Thursday, July 23rd, 2015

I vividly remember the first day in 2007 September when I entered the High Court and later in the Chief’s Court room. It was with the pounding heart and nerves on edge that I looked around me to survey the situation. I wondered which client would be so foolish

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Service Charge is not Service Tax – Finance Ministry

Posted on Monday, July 20th, 2015

Beware logical Indians , don't get cheated easily by restaurant owners in the name of service charge, in addition to service tax. It has been a common practice now that restaurants these days are charging its customers ' service charges'

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The owner can sell his property during litigation

Posted on Sunday, July 19th, 2015

You can now sell your property even if its pending during litigation in Court inspite of bar created by Section 52 of Transfer of Property Act, 1882 (TPA), which provides that property cannot be transferred during pending litigation.

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High Court marked Registrar Vigilance inquiry against DRT Presiding Officer

Posted on Wednesday, July 15th, 2015

The Punjab and Haryana marked an inquiry into the allegations of misconduct and financial misdeeds, by S. Harcharan Singh, presiding officer , DRT-I, Chandigarh. DRT I hears cases related to Haryana, Chandigarh, and Himachal Pradesh.

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PIL for separate bench of Supreme Court dismissed

Posted on Tuesday, July 14th, 2015

Supreme Court while hearing the public interest litigation dismissed the contention and denied that it will not issue any direction for the formation of the separate bench of Supreme Court anywhere else in the country.

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Landmark Judgement in Gender Equality

Posted on Tuesday, July 14th, 2015

In a landmark judgement in gender equality rendered by Supreme Court of India through Justice Vikramjit Sen & Justice Abhay Manohar Sapre the unwed mother must be recognized as the legal guardian of her child and under no circumstances she may be forced to disclose the name of the father.

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Acquiring Skills of Mediation – 2

Posted on Monday, July 6th, 2015

The party who has come to mediation is most probably referred by court for exploring possibilities of settlement. The first contact must be refreshingly different. The party must experience at first hand the informal ambience that ought to be the hallmark of the mediation centre. Offer her coffee or tea.

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Acquiring Skills of Mediation – 1

Posted on Monday, July 6th, 2015

Solutions in conflict situations that people find themselves in. It is a movement not merely to complement the services that courts perform but also attempt to do where the courts are not adept at. There are inherently some areas where court interventions could never deliver enduring results. Courts’ dispensation of justice through adversarial approach leaves parties with a feeling for wanting more; thirsting for greater revenge.

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