Proceedings cannot be continued or initiated against the natural persons under section 138 NI Act if the cause of action arose after the commencement of the insolvency process.
2025 INSC 346 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2025 @ SPECIAL
The moratorium under Section 96 of the IBC does not extend to regulatory penalties imposed for non-compliance with consumer protection laws – Supreme Court.
The Supreme Court in SARANGA ANILKUMAR AGGARWAL Versus BHAVESH DHIRAJLAL SHETH & ORS – CIVIL APPEAL NO(S). 4048 OF 2024-
Supreme Court reiterates non-executive and independent director(s) cannot be held liable under Section 138 of the NI Act
2025 INSC 315REPORTABLE IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2025[Arising out of SLP (Criminal)
Whether SARFAESI Proceedings Can Be Initiated Without Loan Recall
A frequent question raised by borrowers is whether a bank can initiate SARFAESI proceedings without first recalling the loan. Many
Is SARFAESI Applicable to Residential Houses? – Legal Position Explained
One of the most common fears among borrowers is whether their residential house can be taken by banks under the
How to Challenge SARFAESI Action Before DRT
The Debt Recovery Tribunal (DRT) is the primary and statutory forum for borrowers to challenge illegal or arbitrary actions taken
Role of the District Magistrate Under Section 14 of the SARFAESI Act
One of the most critical stages in SARFAESI proceedings is taking physical possession of the secured asset. When borrowers resist
Rights of Auction Purchasers under SARFAESI: Legal Protection, Risks & Remedies
SARFAESI auctions attract investors, end-users, and speculators due to comparatively lower prices and faster title transfer. However, an auction purchaser
SARFAESI Auction After Possession: Procedure, Borrower Rights & Legal Remedies
Once a bank takes symbolic or physical possession of a secured asset under the SARFAESI Act, 2002, the next and
Symbolic Possession vs Physical Possession Under SARFAESI
One of the most misunderstood aspects of the SARFAESI Act, 2002 is the concept of possession. Borrowers often panic upon
What Happens After 60 Days of SARFAESI Demand Notice?
A SARFAESI demand notice under Section 13(2) grants borrowers 60 days’ time to clear outstanding dues or raise objections. Many
Section 13(2) SARFAESI Notice: Rights & Remedies of Borrowers
A notice under Section 13(2) of the SARFAESI Act, 2002 is the first formal legal step taken by banks to
Common Mistakes Borrowers Make After Receiving a SARFAESI Notice
Receiving a SARFAESI notice under Section 13(2) often causes panic among borrowers. Unfortunately, it is not the notice itself, but
Step-by-Step SARFAESI Procedure: From NPA to Possession
The SARFAESI Act, 2002 provides banks and financial institutions with a swift mechanism to recover secured debts without approaching civil
Secured vs Unsecured Loans: Why SARFAESI Applies Only to Secured Creditors
The SARFAESI Act, 2002 is one of the most powerful recovery mechanisms available to banks and financial institutions in India.
Who Can Use the SARFAESI Act? – Banks, NBFCs & Financial Institutions Explained
The SARFAESI Act, 2002 grants powerful recovery rights to lenders, allowing them to enforce security interests without approaching civil courts.
The Municipal Corporation of Greater Mumbai & Ors V/s Century Textiles and Industries Limited & Ors – Supreme Court says: “Where two provisions appear to be in tension, the proper course is to adopt a construction that reconciles them, allowing both to operate and giving effect to the underlying legislative intent”
In the year 1918 , Century Textiles and Industries Limited (Respondent No.1),had applied to the Improvement Trust under Section 32B
Judgment of the Division Bench of the High Court cannot be declared as illegal Under Article 32 of the Constitution , says Supreme Court
In Vimal Babu Dhumadiya & ors. Versus The State of Maharashtra & Ors, Supreme Court held on 17/01/2025 that Judgment
When Can a Bank Invoke SARFAESI Proceedings?
Banks and financial institutions frequently initiate recovery proceedings under the SARFAESI Act, 2002 when borrowers default in repayment. However, SARFAESI
M/s Naresh Potteries Vs M/s Aarti Industries- Supreme Court clarifies the Role of Authorized Representative in Dishonour of Cheque Cases Involving Companies
2025 INSC 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2025 (Arising out of