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Showing posts with the label Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act 2002

Statutory Competence of a Chief Judicial Magistrate to Act under the Provisions of Section 14 of SARFAESI Act [JUDGMENT]

Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 - Statutory competence of a Chief Judicial Magistrate to act under the provisions of Section 14.
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SARFAESI Act : Borrower / Debtor can approach DRT at the stage of Possession Notice [SC JUDGMENT]

Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 - Security Interest (Enforcement) Rules, 2002 - the borrower/debtor can approach the Debts Recovery Tribunal under section 17 of the Act at the stage of the possession notice referred to in rule 8(1) and 8(2) of the 2002 Rules.
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A Litigant can take Different Stands at Different Times but cannot take Contradictory Stands in the Same Case [SC JUDGMENT]

Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 -  Transfer of the Property Act, 1882 - Section 130 - Companies (Court) Rules, 1959 - Rule 9.
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SARFESI Act : Filing Writ Petition when Securitisation Application is Pending is an Abuse of Process [JUDGMENT]

Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 - filing a writ petition when an SA is pending is an abuse of process.
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