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  • Article

    Is It Time For Indian Cross Border Securitisation To Takes Its Stage In The World?

    Transactions involving foreign exchange by a resident in India have been broadly classified as either capital account transactions or current account transactions.
    IndiaFinance and Banking
    ZBA
    ZBA
  • Article

    Securitisation And Synthetic Securitisation In India

    The SPV in order to buy the assets, raises money by issuing debt securities to the investors in the market.
    IndiaFinance and Banking
    AK & Partners
    AK & Partners
  • Article

    Supreme Court Ruling On Priority Of Mortgage Created By Deposit Of Title Deeds Over Equitable Mortgage By Deposit Of An Unregistered Agreement Of Sale

    The case involved a dispute between Cosmos Co-Operative Bank Limited and Central Bank of India over the priority of mortgage rights on a property offered as security...
    IndiaFinance and Banking
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Mandatory Compliance With Rule 9 Of SARFAESI Rules: Supreme Court Quashes Sixteen-Year-Old Auction Sale For Statutory Non-Compliance

    The enforcement of security interests under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)...
    IndiaFinance and Banking
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Mortgage Validity Under Scrutiny: DRAT Chennai Dismisses ICICI Bank’s SARFAESI Appeal Over Defective Title Deed Mortgage

    The Debt Recovery Appellate Tribunal at Chennai, in its judgment dated 27 April 2026, delivered a significant ruling on the evidentiary burden required to establish a valid mortgage by deposit of title deeds...
    IndiaFinance and Banking
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Redemption And Limitation In Usufructuary Mortgages: The Supreme Court's Clarification In Dalip Singh v. Sawan Singh

    In a judgment dated 12 November 2025, the Supreme Court of India clarified the law governing redemption of usufructuary mortgages and the applicability of limitation in Dalip...
    IndiaFinance and Banking
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Bombay High Court Reverses The Auction Sale Of The Park Hyatt (Goa): Procedure Trumps Substance

    The Bombay High Court, by its order dated 23 March 2016, reversed the sale, by public auction, of the Park Hyatt (Goa) Hotel by IFCI Limited to ITC Limited.
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Indian Depository Receipts (IDR)

    In the year 2000, by the introduction of Section 605 A of the Companies Act, 1956, the first step to give foreign companies access to raise capital via the Indian stock market was taken. The second step was taken in 2004 when the Indian Depository Receipt rules were framed. Finally SEBI has taken the third step on April 3rd 2006, in the back drop of the Indian stock exchanges boom, by the introduction of Chapter VIA in the Disclosure and Investor Protection Guidelines, by framing the eligibili
    IndiaFinance and Banking
    Mulla & Mulla & Craigie Blunt & Caroe
    Mulla & Mulla & Craigie Blunt & Caroe
  • Article

    National Company Law Appellate Tribunal Clarifies Financial Creditor Status In Third-party Mortgage Transactions Under The Insolvency And Bankruptcy Code, 2016

    The National Company Law Appellate Tribunal, Principal Bench, New Delhi (“NCLAT”), In the case of Vistra ITCL (India) Limited vs. Vithal Madhukar Dahake and Ors.1, has considered whether a third-party mortgagor, which created security over its assets for the debt of another entity, could be treated as giving rise to a ‘financial debt’ under the Insolvency and Bankruptcy Code, 2016 (“IBC”). The appeal arose from an order of the National Company Law Tribunal, Mumbai (“NCLT”).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Bombay High Court: Validity Of Mortgage In Breach Of The Underlying Lease Deed

    On October 18, 2007, the MIDC issued a show-cause notice to BI stating therein that various violations of the terms of the Deed had been noticed. Meanwhile, the DRT issued an order of proclamation for the sale of the Plot on October 29, 2007...
    IndiaFinance and Banking
    Argus Partners
    Argus Partners
  • Article

    Do Borrowers Have Protection Against Arbitrary Disposal Of Properties Mortgaged To Banks?

    Section 60 of the Transfer of Property Act, 1882, lays down that after the principal money becomes due, the mortgagor can tender the money and require the mortgagee to deliver the...
    IndiaFinance and Banking
    Obhan Mason
    Obhan Mason
  • Article

    Listing Of Indian Companies On The Frankfurt Stock Exchange: Numerous Advantages For Indian Companies

    In November 2008, Deutsche Börse AG and the Bombay Stock Exchange (BSE) concluded a cooperation agreement in which both partners agreed to simplify access to their stock exchanges for companies in their respective markets.
    IndiaFinance and Banking
    Beiten Burkhardt
    Beiten Burkhardt
  • Article

    Regulation Of Peer-To-Peer Lending: Recent Developments

    The last few years have seen increasing volumes of business for start-up ventures, proprietorships and small business concerns with entrepreneurs looking to infuse more capital into their businesses...
    IndiaFinance and Banking
    Tuli & Co
    Tuli & Co
  • Article

    Chief Controlling Revenue Authority V. Coastal Gujarat Power Ltd*

    Syndicated advances are quite common in lending transactions. In large financing, a single bank may not be in a position to provide the finance by itself.
    IndiaFinance and Banking
    Solomon & Co. Advocates & Solicitors
    Solomon & Co. Advocates & Solicitors
  • Article

    Gujarat High Court Affirms Exclusivity Of DRT Jurisdiction Under SARFAESI Act: A Critical Analysis Of Varun Procon Pvt. Ltd. v. State Bank Of India

    The enforcement of security interests under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) has consistently...
    IndiaFinance and Banking
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Supreme Court Waives Off Interest On Interest For The Loan Moratorium Period

    The Hon'ble Apex Court has ruled that there should be no compound interest, interest on interest or penal interest on the borrowers who did not pay installments by availing the loan moratorium...
    IndiaFinance and Banking
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    The Supreme Court Of India Explains The Concept Of Equitable Mortgage As Applicable In India And The Distinction Between Indian Law And English Law Vis-À-Vis The Mortgage By Deposit Of Title Deeds

    The Supreme Court of India ("Supreme Court") in its recent judgement in The Cosmos Co. Operative Bank ltd vs. Central Bank of India and Ors, has held that ...
    IndiaFinance and Banking
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Third Party Mortgagee Whether A Financial Creditor– Supreme Court Decides

    The Supreme Court has examined the term "financial debt" and "financial creditor" in great detail to clarify the meaning and role of a financial creditor in an insolvency resolution process.
    IndiaFinance and Banking
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Restructured Debt And The Survival Of Registered Charges: NCLAT Affirms Secured Creditor Status In The Absence Of Post-Restructuring ROC Modification

    The National Company Law Appellate Tribunal delivered a landmark ruling on whether credit facilities restructured under RBI guidelines retain their secured status during liquidation proceedings without corresponding modification of charge registration. The judgment addresses the complex interplay between corporate debt restructuring, charge registration requirements under company law, and the insolvency resolution framework, establishing critical precedents for consortium lending practices.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    What Are The Specific Features Of Registering Real Estate Rights In India?

    Registration of real estate rights in India serves as constructive notice to the public under Section 3 of the Transfer of Property Act, 1882, which falls under Chapter I (Preliminary), thereby binding subsequent purchasers with notice of prior transactions.
    IndiaReal Estate and Construction
    GRATA International
    GRATA International

Showing 61–80 of 157 results

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