mortgage
Never Reported Judgment | Mere deposit of monthly rent by mortgagee not sufficient to establish landlord-tenant relationship between tenant’s mortgagee and landlord of leased property [(1953) 1 SCC 603]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on landlord-tenant relationship.
NCLAT rules on Secured Creditor’s right to choose method of debt realisation
NCLAT stated that since the IBC overrides the SARFAESI Act, the Liquidator ought not to prefer a petition, based on the SARFAESI Act, and therefore Liquidator’s decision to classify the appellant as an unsecured financial creditor was illegal and invalid.
Never Reported Judgment | Mortgage and cash credit transaction are independent transactions; unliquidated damages for breach of one cannot be set-off against another [(1952) 2 SCC 542]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on mortgage transaction.
Section 13(8) of SARFAESI Act| Right of redemption of mortgage extinguishes on publication of auction notice: Supreme Court
The respondents in the instant matter constituted the borrower, guarantor and the bank (secured creditor), while the appellants were the auction purchasers.
Never Reported Judgment | When a co-sharer in possession of a joint estate disposes of entire property and appropriates sale proceeds, he will be accountable for money to other co-sharers [1951 SCC 122]
“This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on Transfer of Property Act, 1882.”
First proviso to Rule 55-A of TN Registration Rules ultra vires and unconstitutional to the Registration Act, as well as the substantive provisions of TP Act: Madras High Court
Madras High Court said that Rule 55-A is delegated legislation which cannot go beyond the scope of the Parent Act viz., the Registration Act as well the Transfer of Property Act which is the substantive law governing the transfer of immovable properties. Hence, it is held that the first proviso is clearly ultra vires and unconstitutional.
Only a secured property used as agricultural land can be exempted under SARFAESI Act; Supreme Court sets aside Telangana High Court’s order
Supreme Court opined that instead of shifting the burden of proof on the secured creditor to prove that the secured property was not agricultural property, the Telangana High Court should have laid down the burden of proof on the borrowers.
UPRERA interprets Section 2 (zk) of RERA Act; upholds Saya Cementation Ltd. as a Promoter in ‘Oh My God’ project
“The request of Saya Cementations to be the promoter of the project along with Alisa Infratech to comply with all the pending and forthcoming obligations jointly and severely under the rules and regulations of the RERA Act was accepted by the Authority”
Can officers under Maharashtra Money Lending Act, 2014 pass orders contrary to decree of a Civil Court? Bombay High Court decides
Bombay High Court: In a unique case where the officers exercising powers under the Maharashtra Money Lending (Regulation) Act, 2014
Del HC dismisses appeal filed by Indiabulls Housing Finance in Zee Entertainment – Sony Pictures Scheme of Arrangement
Delhi High Court: Suresh Kumar Kait, J., addressed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 against the
Diligence by Purchaser Prior to Acquisition of Secured Assets under SARFAESI
by Bhoumick Vaidya† and Harshini Kotecha††
Cite as: 2021 SCC OnLine Blog Exp 77
Self-Acquired Property of father on mortgage, can sons interfere with father’s right to dispose and deal with property? Sikkim HC explains
Sikkim High Court: If a father keeps his self-acquired property for the purpose of mortgage, can his sons interfere in the same?
Rent Act would not come to the aid of a “tenant-in-sufferance” vis-à-vis SARFAESI Act due to operation of S. 13(2) read with S. 13(13) of SARFAESI Act: SC
Supreme Court: The Division Bench of S. Abdul Nazeer and Krishna Murari, JJ., addressed a pertinent issue of whether the rent act
Explained| How to know if a document is a mortgage or a conditional sale?
Supreme Court: The bench of Hemant Gupta and AS Bopanna, JJ has held that in order to determine whether a document is
Del HC | If on the basis of materials on record a court could come to the conclusion that commission of the offence is a probable consequence, a case of framing of charge exists
Delhi High Court: Rajnish Bhatnagar, J., upheld the trial court decision in view of no evidence placed on record. Petitioner is a
Lending Banks of Jaypraksah Associates not ‘financial creditors’; SC directs return of mortgaged land to JIL
Supreme Court: The bench of AM Khanwilkar and Dinesh Maheshwari, JJ has restored the NCLT order wherein it was held that the
The National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019 — Receives President’s assent
President grants assent to the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019. It
PMLA | Properties acquired before commission of offence cannot be attached as IBC takes precedence over PMLA
Appellate Tribunal for SAFEMA, FEMA, PMLA, NDPS and PBPT Act: Justice Manmohan Singh (Chairman) allowed an appeal filed by a consortium of