Supreme Court of India Judgements

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Category: SARFAESI

SARFAESI

(SARFAESI) – Sections 13(1), 13(2), 13(3), 13(4), 14 and 35 – Security Interest (Enforcement) Rules, 2002 – Rules 8 and 9 – HELD Since the sale scheduled on 27.2.2012, as per the First Sale Notice dated 21.1.2012, could not be held due to the reasons attributable solely to the guarantors, there was no necessity of again following the same procedure of providing a 30 days’ clear notice.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH S. KARTHIK AND OTHERS — Appellant Vs. N. SUBHASH CHAND JAIN AND OTHERS — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and…

SARFAESI

SARFAESI Act, it has to satisfy the conditions of Section 65A of the Transfer of Property Act, 1882 – If a tenant claims that he is entitled to possession of a Secured Asset for a term of more than a year, it has to be supported by the execution of a registered instrument – HELD even if the tenancy has been claimed to be renewed in terms of Section 13(13) of the SARFAESI Act, the Borrower would be required to seek consent of the secured creditor for transfer of the Secured Asset by way of sale, lease or otherwise, after issuance of the notice under Section 13(2) of the SARFAESI Act and, admittedly, no such consent has been sought by the Borrower in the present case – Appeal dismissed.

Aug 22, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HEMRAJ RATNAKAR SALIAN — Appellant Vs. HDFC BANK LIMITED AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari, JJ. )…

SARFAESI

Who is liable to pay outstanding statutory electricity dues after auction-sale of property? Supreme Court answers. HELD “That electricity dues, where they are statutory in character under the Electricity Act and as per the terms & conditions of supply, cannot be waived in view of the provisions of the Act itself more specifically Section 56 of the Electricity Act, 2003 (in pari materia with Section 24 of the Electricity Act, 1910), and cannot partake the character of dues of purely contractual nature.”

Jun 3, 2020 sclaw

Who is liable to pay outstanding statutory electricity dues after auction-sale of property? Supreme Court answers Shruti Mahajan Jun 3, 2020, 12:27 PM IST The Supreme Court has reiterated that statutory…

SARFAESI

Constitution Bench : SARFEASI Act Applicable To Cooperative Banks : SC  HELD “The co­operative banks under the State legislation and multi­ State co­operative banks are ‘banks’ under section 2(1)(c) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002”, 2003 notification issued under the Banking Regulation Act 1949 by which co­operative bank was brought within the class of banks entitled to seek recourse to the provisions of the SARFAESI Act, VALID. Decided/May 05, 2020

May 5, 2020 sclaw

SARFEASI Act Applicable To Cooperative Banks : SC  LIVELAW NEWS NETWORK 5 May 2020 3:58 PM The Supreme Court has held that the Secularization and Reconstruction of Financial Assets and Enforcement…

SARFAESI

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 HELD the Bank in anticipation that the auction would be concluded and by the time the application was decided, the sale certificate in favour of the highest bidder would have been issued. There is nothing wrong in Bank moving such application before the conclusion of the auction process and issuance of a sale certificate, in anticipation. it may be appropriate to modify the operative order of the DRAT to the effect that the application filed by the Bank being I.A. No. 995/2017 in O.A. No. 11/2008 is partly allowed by ordering return of the original documents, except in respect of the land bearing Paimash No. 722/4 admeasuring 1.80 acres being subject matter of decree in O.S. No. 186/1976. This arrangement will meet the ends of justice in the facts of the present case.

Apr 26, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. TRIPOWER ENTERPRISES (PRIVATE) LIMITED — Appellant Vs. STATE BANK OF INDIA AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Ajay Rastogi,…

SARFAESI

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 511, 109, 34, 120­B, 406, 409, 420, 405, 417 and 426 – Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI) – Section 13(2) – Quashing of criminal proceeding – HELD The SARFAESI Act is a complete code in itself which provides the procedure to be followed -A criminal proceeding would not be sustainable in a matter of the present nature, exposing the appellants even on that count to the proceedings before the Investigating Officer or the criminal court would not be justified

Mar 3, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH K. VIRUPAKSHA AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : R. Banumathi, S. Abdul Nazeer and…

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Constitution I B C

Constitution of India, 1950 — Article 32 — Writ Petition (Criminal) — Seeking registration of FIR and investigation into attempt to influence judicial outcome — Relief for criminal investigation based on disclosure in a judicial order of NCLAT, Chennai Bench — Issues raised are of vital public importance but deemed capable of administrative resolution by Chief Justice of India — Writ Petition treated as a representation to bring material information for consideration of Hon’ble Chief Justice of India, allowing law to take its course — Petition disposed of on administrative treatment of investigation request.

Nov 23, 2025 sclaw
C P C

Civil Procedure Code, 1908 — Order XXI Rule 58 — Execution First Appeal — Partition Suit — Preliminary decree for partition — Inter se bidding — Joint owners (siblings) of property in equal shares (1/3rd each) — Property incapable of physical partition — Disposal of property via inter se bidding — Challenge to High Court order disposing of Execution Appeal on ground of offer matching — Where an offer of Rs.6.25 crores was made by the Appellant (Petitioner) and matched by the Respondents (2/3rd owners), the High Court directed Respondents to pay Appellant’s share after adjusting previous deposit — Supreme Court modified the approach, requiring the Petitioner to deposit 2/3rd of the bid (Rs.4.16 Crores) with Registry to demonstrate genuineness, pending further resolution. (Paras 1, 3, 4, 5, 6 of Order dated 25.9.2025;

Nov 23, 2025 sclaw
Evidence Act

Evidence — Video Conference Deposition — Procedure for Confronting Witness — The Supreme Court clarified and directed that in cases where a witness’s statement is recorded via video conferencing and a previous written statement is to be used for confrontation, a copy of the statement must be transmitted electronically to the witness, and the procedure under Sections 147 and 148 of the Bharatiya Sakshya Adhiniyam (or corresponding sections of the Evidence Act) must be followed to ensure fairness and integrity of the trial. Such directions are issued to avoid procedural irregularities and uphold the principles of fair trial, effective cross-examination, and proper appreciation of evidence.

Nov 23, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 [BNSS Section 528] — Quashing of FIR — Abuse of process — Factual matrix for all offences arose from a single transaction — Compromise accepted as genuine for some offences should equally dilute the foundation of other charges based on the same allegations — Continued prosecution for dacoity after settlement for other offences held unjustified and quashed.

Nov 23, 2025 sclaw