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Indian Laws - Highlights / Catch Notes

Home Highlights December 2015 Year 2015 This

DRT whilst deciding whether it has territorial jurisdiction to ...

Indian Laws

December 30, 2015

DRT whilst deciding whether it has territorial jurisdiction to entertain a Securitisation Application filed under section 17 of the SARFAESI Act would be guided by the principles enshrined in section 19(1) of the RDDB Act and not by section 16 of the Code of Civil Procedure, 1908. - HC

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  1. Amendment of section 10. - The term “securitisation” for the purposes of the said clause shall also include securitisation, as defined in clause (z) of sub-section (1)...

  2. Where secured creditors representing not less than 75% in value of the amount outstanding against financial assistance decide to enforce their security under the...

  3. The co-operative banks under the State legislation and multi-State co-operative banks are ‘banks’ under section 2(1)(c) of Securitisation and Reconstruction of Financial...

  4. Recovery of tax dues - Right of auction purchaser of the property - Since the petitioner had purchased in the auction sale conducted by the bank under the provisions of...

  5. Priority of settlement of claims - payment to secured creditors over tax dues - scope and ambit of Section 26(E) of The Securitization and Reconstruction of Financial...

  6. Priority Charge - Seeking directions to remove the order of attachment over the property of the borrower, which according to the petitioner, is mortgaged and is a...

  7. Tribunals constituted under the SARFAESI Act, 2002, is competent to decide all questions of law and fact

  8. Insertion of new section 115TCA - Tax on income from securitisation trusts. - any income accruing or arising to, or received by, a person, being an investor of a...

  9. Initiation of CIRP - proceedings under SARFAESI ACT, DRT and before PBPT were pending - the Appellant cannot take a stand that the proceedings are pending before DRT and...

  10. Revenue department cannot claim first charge or priority in recovery over Section 529 A of the Companies Act, DRT Act and the SARFAESI Act - HC

 

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