mortgage Archives | SCC Times

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.

Case Briefs Supreme Court

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.

Case Briefs Tribunals/Commissions/Regulatory Bodies

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”

Case Briefs High Courts

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

Case Briefs High Courts

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

Experts Corner Shardul Amarchand Mangaldas

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

Case Briefs High Courts

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?

Case Briefs Supreme Court

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

Case Briefs Supreme Court

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

OP. ED.SCC Journal Section Archives

Existence and Mortgageability of Equitable Estates in Immovable Property in Indian Law – I

by Sudeep Malik†

Case Briefs High Courts

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

Case Briefs Supreme Court

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

Legislation Updates Statutes/Bills/Ordinances

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Relief for Consortium of Banks which extended loans to Jaiprakash Associates, NCLT order cancelling mortgage of 858 acres of land by JIL in favour of Banks quashed

National Company Law Appellate Tribunal (NCLAT): A 2-Member Bench of Justice S.J. Mukhopadhaya (Chairperson) and Justice Bansi Lal Bhat, Member (Judicial), set aside

Case Briefs High Courts

Ker HC | Purpose for which an arrangement is entered into, is an essential ingredient to determine if the same is a mortgage or a lease

Kerala High Court: P. Somarajan, J. allowed the second appeal in a matter related to the redemption of mortgage, against the order

Case Briefs High Courts

In limine dismissal of appeal reversed as the appellant was misguided and did not have proper legal advice

Delhi High Court: A Division Bench comprising of Sanjiv Khanna and Chander Shekhar, JJ. allowed a writ petition filed challenging the order

Case Briefs Supreme Court

Right to redemption of mortgage is not absolute

Supreme Court: While hearing the matter relating to mortgagor’s right of redemption by appellant, the bench comprising of Navin Sinha and Ranjan

Case Briefs High Courts

Sales Tax Authorities cannot enforce the alleged charge on a property from the buyer of the property if she/he has had no notice of the same

High Court of Bombay: In a case where the petitioners were charged against unanticipated dues on a property by the Sales Tax