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Fraudulent Mortgage Invalidated: Bank Entitled to Recover Dues from Borrowers While Bona Fide Purchasers Exonerated
DRAT invalidated the fraudulent mortgage, upheld the bank's entitlement to recover dues from the borrowers, and exonerated the bona fide...
Nov 29, 20243 min read


Appeal Dismissed for Misconceived Review Petition; Final Order on Deposit Remains Unchallenged
DRAT dismissed the appeal, finding the application to be a misconceived review petition, and upheld the final order regarding the...
Nov 28, 20242 min read


Financial Debt Can Be Established Without a Written Agreement if Supported by Substantive Evidence
The NCLAT held that financial debt could be established without a written agreement if supported by substantive evidence. The National...
Nov 28, 20242 min read


Precedence of Prior Mortgages Upheld: Rights of Pre-Mortgage Purchasers Protected While Recovery Against Post-Mortgage Transactions Permitted
DRAT upheld the precedence of prior mortgages, protected the rights of pre-mortgage purchasers, and permitted recovery actions against...
Nov 28, 20243 min read


DRAT Affirms Validity of SARFAESI Proceedings, Dismissing Securitization Application on Grounds of Procedural Compliance
DRAT affirmed the validity of the SARFAESI proceedings and dismissed the securitization application on the grounds of procedural...
Nov 27, 20243 min read


NCLAT Upholds Resolution Plan, Affirming RP's Lack of Powers to Reverse Pre-CIRP Cancellation of Allotments
NCLAT upheld the Resolution Plan, affirming that the RP lacked the powers to reverse the pre-CIRP cancellation of allotments. The...
Nov 27, 20243 min read


Admission of Debt and Lack of Credible Dispute Justify Initiation of CIRP: NCLAT Dismisses Appeal
NCLAT dismissed the appeal, holding that the admission of debt and the lack of a credible dispute justified the initiation of CIRP. The...
Nov 27, 20242 min read


DRAT Sets Aside DRT Order, Emphasizes Substantive Justice Over Procedural Technicalities in SARFAESI Applications
DRAT set aside the DRT order and emphasized substantive justice over procedural technicalities in SARFAESI applications. The Debts...
Nov 27, 20242 min read


Appellate Court's Power to Waive 20% Deposit Under Section 148 of the Negotiable Instruments Act: A Key Ruling
High Court ruled that the Appellate Court had the power to waive the 20% deposit under Section 148 of the Negotiable Instruments Act in...
Nov 26, 20242 min read


DRAT Rejects Refund Claim as Deposits and Auction Proceeds Fail to Cover Outstanding Dues
The DRAT rejected the refund claim, holding that the deposits and auction proceeds were insufficient to cover the outstanding dues. The...
Nov 26, 20242 min read
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