Bank Liable to Repay Fixed Deposit Amounts Despite Fraudulent Loans Obtained Without Depositor’s Consent: Madras High Court

Madras High Court holds Indian Overseas Bank liable to repay ₹3 crore fixed deposits despite fraudulent loans obtained against FDRs without depositor authorisation. The Madras High Court has reaffirmed that a bank cannot avoid its repayment obligations merely by claiming …

Read more

Please share

Asset Reconstruction Companies Can Replace Banks as Complainants in Pending Cheque Bounce Cases: Supreme Court Upholds Bombay High Court Ruling

The Supreme Court upholds the Bombay High Court ruling allowing Asset Reconstruction Companies (ARCs) to replace banks as complainants in pending cheque bounce cases under Section 138 of the Negotiable Instruments Act. Introduction In an important development concerning debt recovery …

Read more

Please share

Rajasthan High Court Rules Police Cannot Charge Banks for Assistance in Taking Possession of Secured Assets Under SARFAESI Act

The Rajasthan High Court has held that police assistance required to implement statutory orders for taking possession of secured assets under the SARFAESI Act, 2002, must be provided without charging the secured creditor. The ruling reinforces the principle that the …

Read more

Please share

Delhi High Court Refuses to Quash Criminal Proceedings Against Supertech Directors in Hill Town Project Case

Delhi High Court refuses to quash criminal proceedings against Supertech directors in the Hill Town project case, citing prima facie material supporting allegations of cheating, breach of trust and criminal conspiracy. The Delhi High Court has declined to interfere with …

Read more

Please share

Benami Property Cannot Be Released Merely on Bank’s SARFAESI Security Interest: SAFEMA Tribunal

SAFEMA Tribunal rules that a bank’s SARFAESI security interest cannot override benami property attachment, reinforcing the priority of the Benami Property Transactions Act. The Appellate Tribunal under SAFEMA, New Delhi, has delivered an important ruling concerning the conflict between benami …

Read more

Please share

Punjab RERA: When Both Developer and Allottee Are at Fault, Neither Can Claim Specific Performance or Forfeit Earnest Money

Punjab RERA rules that when both developer and allottee are at fault, neither can claim specific performance or unfair earnest money forfeiture. The Authority orders refund with interest. Punjab RERA has ruled that when both the allottee and the developer …

Read more

Please share

Karnataka High Court: MSME Registration Alone Does Not Bar SARFAESI Proceedings; Borrower Must Participate in Revival Process

Karnataka High Court rules that MSME registration alone cannot stop SARFAESI recovery. Borrowers must actively participate in the MSME revival process and establish genuine business viability. The Karnataka High Court has clarified that merely holding an MSME registration does not …

Read more

Please share

Mere Processing of Loan Proposals Cannot Establish Criminal Conspiracy Without Mens Rea: Telangana High Court

Telangana High Court rules that merely processing loan proposals cannot establish criminal conspiracy against a bank officer without proof of knowledge, mens rea or conscious participation in the alleged fraud. The Telangana High Court has reaffirmed an important principle of …

Read more

Please share

Allahabad High Court Directs SBI to Refund ₹19.90 Lakh Debited from Widow’s Fixed Deposit for Husband’s Loan

Allahabad High Court directs SBI to refund ₹19.90 lakh debited from a widow’s fixed deposit towards her deceased husband’s loan, along with interest and ₹1 lakh compensation. Introduction In an important ruling concerning banking law, recovery of loans and protection of …

Read more

Please share