Bank Registered with CERSAI has Priority Over DCST against Proceeds of Enforcement under SARFAESI Act: Bombay HC [Read Order]
The Bombay High Court has held that lender bank registration with the Central Registry of Securitisation and Security Interest of India (CERSAI) has...
![Tax Judgments of Supreme Court Annual Digest 2023 [Part 2]](https://www.taxscan.in/wp-content/uploads/2024/01/Supreme-Court-tax-decisions-Supreme-Court-Supreme-Court-Annual-Digest-Tax-Judgments-Annual-Digest-2023-taxsscan.jpg "Tax Judgments of Supreme Court Annual Digest 2023 [Part 2]")
![Tax Judgments of High Courts: Annual Case Digest 2023 [Part 1]](https://www.taxscan.in/wp-content/uploads/2024/01/High-Court-Tax-Judgements-Key-Tax-Judgements-2023-Taxscan-Annual-Digest-Income-Tax-Case-Summaries-GST-Legal-Updates-taxscan.jpg "Tax Judgments of High Courts: Annual Case Digest 2023 [Part 1]")
Relief to SBI, Disallowing Registration of Sale Certificate and Mutation Dehors Provision of SARFAESI Act: Himachal Pradesh HC [Read Order]
As a relief to the State Bank of India (SBI), the Himachal Pradesh High Court has held that disallowing registration of sale certificates and mutation dehors provision of the Securitisation and...
Setback to IOB: Madras HC rules Bank cannot file Writ Petition to Protect Interest of Third Party, who Knowingly Purchased Property having Encumbrance [Read Order]
In a major set back to the Indian Overseas Bank (IOB), the Madras High Court ruled that the Bank cannot file writ petition to protect interest of third party, who knowingly purchased property having...
Bank’s “Secured Debts” Prevail Over Revenue’s “First Charge” in Property Recovery, SARFAESI and RDB Acts Override KGST and KVAT Act Claims: Kerala HC [Read Order]
The High Court of Kerala has held that banks and financial institutions hold priority over revenue authorities’ “First Charge” when recovering debts through property sales. The decision came after...
![Bank’s “Secured Debts” Prevail Over Revenue’s “First Charge” in Property Recovery, SARFAESI and RDB Acts Override KGST and KVAT Act Claims: Kerala HC [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Bank-Secured-Debts-Prevail-Revenues-First-Charge-Property-Recovery-SARFAESI-RDB-Override-KGST-KVAT-Act-Kerala-HC-TAXSCAN.jpg "Bank’s “Secured Debts” Prevail Over Revenue’s “First Charge” in Property Recovery, SARFAESI and RDB Acts Override KGST and KVAT Act Claims: Kerala HC [Read Order]")
Remedy for Proceedings Lies before DRT on Initiation of Proceedings u/s 13(4) of SARFAESI Act: HP HC [Read Order]
In a recent decision the Himachal Pradesh High Court ruled that the remedy for proceedings lies before the Debt Recovery Tribunal (DRT) on initiation of proceedings under Section 13(4) of the...
![Remedy for Proceedings Lies before DRT on Initiation of Proceedings u/s 13(4) of SARFAESI Act: HP HC [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Remedy-Proceedings-Lies-before-DRT-on-Initiation-of-Proceedings-SARFAESI-Act-HP-HC-TAXSCAN.jpg "Remedy for Proceedings Lies before DRT on Initiation of Proceedings u/s 13(4) of SARFAESI Act: HP HC [Read Order]")
![Secured Creditor has Priority Over Government Dues Under SARFAESI Act: Bombay HC [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/07/Secured-Creditor-Priority-Over-Government-SARFAESI-Act-Bombay-HC-TAXSCAN.jpg "Secured Creditor has Priority Over Government Dues Under SARFAESI Act: Bombay HC [Read Order]")
No Proper Enquiry about Property Before Participating in Auction: Calcutta HC quashes Demand for Interest and Refund of Stamp Duty and Registration Fee [Read Order]
The Calcutta High Court quashed demand for interest and refund of stamp duty and registration fee on no proper enquiry about property before participating in the auction. The appellant’s, Anita...
Judicial Magistrate or Advocate can Implement Order passed u/s 14 of SARFAESI Act in absence of Concerned Officers: Bombay HC [Read Order]
A division bench of the Bombay High Court ordered that, in the absence of the relevant officers, a judicial magistrate or advocate may carry out an order issued under section 14 of the Securitization...
