LATEST NEWS ON BANKING LAW

SEBI alerts RBI about Non-banking financial companies evergreening loans

Nov 28, 2022

If maintenance of premises is liability of OC, it cannot be a ground to reject Section 9 Application

Nov 25, 2022

HDFC Bank appoints Bhavesh Zaveri as Executive Director, Kaizad Bharucha as Deputy Managing Director

Nov 25, 2022

If the Secured Creditor takes action under SARFAESI Act, it would not bar the arbitration proceeding

Nov 24, 2022

SC deprecate the practice of entertaining writs by High Courts without exhausting alternative remedy

Nov 23, 2022

The Insolvency and Bankruptcy Code is structured around timebound resolution of the corporate debtor

Nov 22, 2022

Presumption u/s 139 N I Act includes a presumption that there exists a legally enforceable liability

Nov 22, 2022

RBI imposes monetary penalty on the Parwanoo Urban Co-operative Bank for contravention of its norms

Nov 21, 2022

Prayer seeking reference of disputes to arbitration when it is subject matter of DRT is misconceived

Nov 21, 2022

MOST VIEWED

Sep 7, 2021

Madhya Pradesh High Court stays RBI Circular on urban co-operative banks

The Madhya Pradesh High Court has delayed a Reserve Bank of India Circular that imposed certain requirements on Urban Cooperative Banks....

Jun 9, 2021

RBI imposes a penalty of ₹4 crore on the Bank of India for non-compliance with regulatory provisions

The Reserve Bank of India (RBI) has imposed, by an order dated 7 June 2021, a monetary penalty of ₹4.00 crore (Rupees Four crore only) on...

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Individual Insolvency

ARTICLES

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Sep 3, 2021

Role of Banking Ombudsman in India - An Analysis

The best quality of service supplied to a customer is currently the most significant thing to consider in the banking system. If the customer service offered meets the cl...

REEDLAW

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Aug 24, 2021

Cheque dishonour proceedings require expeditious resolution

The large backlog and pending cases/disputes before various judicial venues, Courts, Tribunals, and other bodies have been regularly bemoaned by Indian courts. 'Justice d...

REEDLAW

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Aug 27, 2021

Irretrievable prejudice would be done if bank guarantee is allowed to be encashed

A Bank Guarantee (BG) is a common method of securing payment of money in commercial transactions because the beneficiary is entitled to receive the entire amount under th...

REEDLAW

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Aug 23, 2021

Applicability of Moratorium under IBC on Cheque Dishonour Proceedings

A moratorium as defined in Section 14 of the Insolvency and Bankruptcy Code 2016 (IBC), is a time during which no new suits or continuations of existing ones against a co...

Ruchitha D.

LATEST CASE LAWS

Supreme Court

Presumption under Section 139 of the Negotiable Instruments Act, 1881, includes a presumption that there exists a legally enforceable debt or liability. However, the presumption under Section 139 of the N.I. Act is rebuttable and it is open to the accused to raise a defence wherein the existence of a legally enforceable debt or liability can be contested. The Supreme Court bench noted that the Appellant was entitled to the benefit of presumption under Section 139 of the N.I. Act. Thereupon, the High Court will consider the evidence and the material on record to decide whether th...

Jain P. Jose v. Santosh and Another

November 10, 2022

REED 2022 SC 11008

It was tyranny of justice caused to the complainant after spending 10 years in litigation left with no other option but to compromise for the reason that if the matter was processed any further in the Supreme Court, he will be deprived of his legitimate claim which had at least now become due to him after his complaint being tried by three different Courts in hierarchy upholding conviction of the petitioner with the concurrent finding of guilt for offence under Section 138 of the Negotiable Instruments Act....

Santhosh J. v. V. Narasimha Murthy

October 18, 2022

REED 2022 SC 10002

High Court

The petitioner was a Non-Financial Company incorporated under the provisions of the Companies Act, 1956. The petitioner company is engaged inter-alia in the business of rendering finance/loan facilities, to the intending borrowers.
Facts:
The Directors and authorised representatives of respondent No.1 approached the petitioner requesting the grant of a Secured Term Loan. The petitioner inter-alia sanctioned a Loan Facility namely Loan against Property (hereinafter, LAP) for an amount of ₹ 32.00. Crore (also known as Secured Term Loan) and another loan namely Lease Rental Discoun...

Hero Fincorp. Limited v. Techno Trexim (I) Private Limited and Others

November 18, 2022

REED 2022 Del 11211

The High Court noted that prima facie, the notification was divesting the jurisdiction of DRTs at various locations by creating a pecuniary limitation without any amendment to the Recovery of Debts and Bankruptcy Act, 1953. This appears to be unsustainable, the Bench observed.
The High Court observed, "prima facie, it appears from the record that, the Debts Recovery Tribunals established at various locations, would now be divested of their jurisdiction, on the ground of pecuniary limitation created by a Notification, without any amendment to the RDB Act. This appears to be unsus...

Ishwarlal Shankarlal Lalwani (Jain) v. The Union of India, Through The Chief Secretary

November 17, 2022

REED 2022 Bom 11210

LATEST CIRCULARS & NOTIFICATIONS

Reserve Bank of India

Notification No. RBI/2022-23/138
FIDD.CO.LBS.BC.No.12/02.08.001/2022-23

November 17, 2022

Notification

Reserve Bank of India

Press Release: 2022-2023/1089

October 21, 2022

Press Release

Reserve Bank of India

Notification No. RBI/2015-16/242 DBR.RRB.BC.No. 59/31.01.001/2015-16

November 19, 2015

Notification

Reserve Bank of India

Notification No. RBI/2022-23/135
DoR.AUT.REC.81/24.01.001/2022-23

November 1, 2022

Notification

Bank CLR

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