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Articles by Member (Account Deleted)

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Indian Court System & who cares for reforms?

  Member (Account Deleted)   27 February 2013 at 16:31

With great pain from the bottom of my heart, I have been writing this article. I have got great respect for legal profession, legal professionals and Indian Court System. I have had the privilege of reading some of the land-mark cases like ..


Posted in Constitutional Law  13 comments |   2611 Views


SARFAESI Act & sorrows of Borrower?

  Member (Account Deleted)   27 February 2013 at 16:31

There is every need for the Government to enable/assist the Banks in reducing their NPAs (Non-performing Assets) and it is beyond doubt that the Banks are now well assisted/equipped through the legal frame-work in recovering their dues. The provis ..


Posted in Corporate Law  6 comments |   3855 Views


Banks going back from 'Settlement of Default of Debt' or 'Settlement of Debt'?

  Member (Account Deleted)   24 August 2012 at 12:08

It is known that while some loan transactions with the Bank like Housing Loan, Educational Loan etc. are very simple, some commercial loan transactions are very complex in nature. The Bank may provide various loan facilities to the Borrower and mo ..


Posted in Corporate Law  1 comments |   2356 Views


Points to be raised in a SARFAESI Appeal and getting relief?

  Member (Account Deleted)   23 August 2012 at 12:17

It has almost settled and become like a regular practice for the borrowers to question the proceedings initiated by the Banks at the last stage under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of ..


Posted in Corporate Law  3 comments |   2770 Views


Senior Advocates and Junior Advocates?

  Member (Account Deleted)   09 August 2012 at 11:24

In legal profession and among the general public, we often hear the reference to Senior Advocate and Junior Advocate. While the reference to Senior Advocate is general and based on the age and experience o ..


Posted in Others  20 comments |   10023 Views


High Courts & Lower Courts & few issues?

  Member (Account Deleted)   13 July 2012 at 12:05

Citizens very often complain about our legal system and as to how the Courts are functioning in this country. People having experience with Courts will explain in detail as to how our system functions. Unless one is a habitual litigant misusing the ..


Posted in Others  10 comments |   3681 Views


Why High Courts are now burdened with DRT/SARFAESI matters?

  Member (Account Deleted)   09 July 2012 at 11:55

Constitution of DRTs & DRATs: After the constitution of Debt Recovery Tribunals (DRT) and Debt Recovery Appellate Tribunals (DRAT) under The Recovery of Debts due to Banks and Financial Institutions Act, 1993 and after conferrin ..


Posted in Corporate Law  2 comments |   3371 Views


Getting relief from DRT under SARFAESI Act, 2002?

  Member (Account Deleted)   06 April 2012 at 13:18

It would be clueless for the professionals at times in answering the queries of the borrowers facing proceedings under The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. If the ..


Posted in Corporate Law |   2611 Views


Can the Bank adopt unfair/illegal methods to recover its due?

  Member (Account Deleted)   26 March 2012 at 14:49

Recovery of its due has been a hectic exercise for the Banks in the absence of a special legislation. Non-performing Assets were growing and a need was felt to reduce the Non-performing Assets of the Banks drastically. ..


Posted in Corporate Law  10 comments |   2521 Views


How High Court's intervention in SARFAESI ACT matters justified?

  Member (Account Deleted)   23 March 2012 at 15:45

No one can defend a willful defaulter and no one can possibly object to the need of providing a special legislation to enable the Banks to recover their dues speedily and thus reduce their Non-performing Assets. Constitutional valid ..


Posted in Corporate Law  1 comments |   3767 Views