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Baleshwar Dayal Jaiswal v. Bank of India and Ors., AIR 2015 SC 2881

In this case, there were two petitions which had been clubbed together, and a specific question of law was answered by the Hon’ble Supreme Court of India. The petitioners, who were the borrowers in this case had raised a contention before the Hon’ble Court that a certain provision in the Recovery of Debts due to Banks and Financial Institutions (RDBFI) Act of 1993, had to be included with Section 18(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act of 2002. This provision of the RDBFI Act gave powers to the appellate tribunal to...

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Vasu P. Shetty v. Hotel Vandana Palace and Ors AIR 2014 SC 1947

In this case, the borrower had taken a loan from Syndicate Bank for constructing a Hotel. Later, there was a default on the borrower in repaying the said loan. Subsequently, the bank took action in accordance with the rules of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act of 2002 The bank took formal possession of the property which was mortgaged and had been given as a surety for the due discharge of the loan, and put it up for sale. The appellant in the present case was the highest bidder whose bid had...

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Force Majeure & Contracts: Indian Contract Act 1872

The World Health Organisation on March 11, 2020 characterized Covid-19 virus as a ‘Pandemic’, and has effected millions of lives across the globe. One of its effects is the inability faced by various businesses in performing their part of the contract. It is therefore incumbent to analyze the situation in the light of Force Majeure and the steps that can be taken by businesses to protect their interests. The term ‘Force Majeure’ has been from the French language and translates to ‘a superior force’. A force majeure can defined as an unexpected event or effect that could not be reasonably...

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Anticipatory Bail under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Anticipatory Bail means a direction issued to release a person on Bail even before he is arrested. In this situation, there is an apprehension of arrest as the person is accused of a non-bailable offence. For such Bail, a person can file an application under Section 438 of the Code of Criminal Procedure (CrPC) which is issued only by the Sessions Court and High Court. According to Section 438 of the Code of Criminal Procedure, 1973 the High Court or the Sessions Court may include directions or conditions depending upon the facts of the case as it may think fit including...

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Bail under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Bail refers to the temporary release of a person from legal custody on deposit of security and undertaking that he/she shall appear at the time and place designated and submit himself to the jurisdiction and judgement of the Court. It is originated from an old French word ‘bailer’ which means ‘to give’ or ‘to deliver’. However, the basis of bail lies in the principle that there is a presumption of innocence of a person until he is found guilty. In most of the cases where bail is granted a sum of money or property has to be deposited to the Court...

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Burden of Proof under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Evidence in a case plays the most crucial and stands the deciding factor for an alleged person or and accused person to be convicted or exonerated. Thus, the importance of tendering evidence is above anything in the criminal trial. There are two types of evidences which are considered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 during search and seizure, they are Direct and Indirect Evidence. Direct Evidence are those which directly prove the offence committed by the accused and has a direct incriminating value i.e. Forensic Evidence like Fingerprints, Toxicological Evidence for proving one’s intoxication of the controlled...

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Arrest under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Every individual citizen of India has a fundamental right to get freedom guaranteed under Article 21 of the Indian Constitution, which states “No individual shall be deprived of his life except according to the procedure established by law”. Furthermore, as per Legal Dictionary by Farlex, “Arrest” means “a seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge” If a person contravenes the provisions mentioned in the Narcotic Drugs and Psychotropic Substances NDPS Act, then...

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Guidelines for Borrowers, NPAs under the SARFAESI Act, 2002

The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act of 2002 is quite a convenient tool for banks and other financial institutions which includes Non-Banking Financial Company (NBFC) to recover the debts from their borrowers as financial creditors. But the borrowers are also entitled to certain rights under this SARFAESI Act of 2002 to claim damages if there is default on the part of these financial institutions. The term ‘borrower’, according to Section 2 of the SARFAESI Act, 2002 refers to “any person who; has been granted financial assistance by any bank or a financial...

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V.J. Dhanapal v. Union Bank of India and Ors. C.R.P. (PD) No. 3697 of 2017

The present case was a revision petition filed by the petitioner borrower, V.J. Dhanapal, who was one of the partners of M/s. Haris Chicken which had been receiving financial assistance from the Union Bank of India, Bangalore. There was a default on his part, due to which the account of the borrower was classified as a Non-Performing Asset (NPA). Thereafter, the respondent bank issued an auction sale notice, fixing the date for sale on 27/9/2013. The petitioner challenged the notice due to non-compliance of the requirements under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of...

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Laws on Specific Performance of Contract

Specific Performance of contract refers to the obligation to perform the contract as per the terms and conditions. In case, a party fails to perform his part of the contract, the aggrieved can approach the court and seek the remedy of specific performance. Under the current Indian Legal System, the courts are inclined towards granting relief of specific performance mainly in cases where compensation in the form of monetary damages would be an inadequate remedy for the aggrieved party. The law relating to specific performance has been comprehensively dealt with under the Specific Relief Act, 1963. However, due to the outdated...

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