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  • 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

    Legal Due Diligence In Real Estate Transactions

    Legal Due Diligence in a real estate transaction is an investigation of real estate property records and anything else deemed relevant to the sale, purchase, lease or mortgage of the property.
    IndiaReal Estate and Construction
    Singhania & Partners LLP
    Singhania & Partners 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
  • Article

    Loans From NBFCs Have No Recourse Under The SARFAESI Act Says The Bombay High Court

    The borrower (Respondent No. 4) originally availed a loan from Citi Financial Consumer Finance (Citi Financial), an NBFC, and mortgaged a flat with Citi Financial in order to secure repayment of the loan.
    IndiaFinance and Banking
    Phoenix Legal
    Phoenix Legal
  • Article

    RBI Relaxes ECB Norms

    Reserve Bank of India (RBI) vide RBI/2014-15/377 A.P. (DIR Series) Circular No. 55 dated January 01, 2015 has issued a circular relating to creation of charge over securities for External Commercial Borrowings (ECB).
    IndiaFinance and Banking
    S&A Law Offices
    S&A Law Offices
  • Article

    SARFAESI Newsletter | May 2025

    Welcome to the SARFAESI Newsletter for May 2025. This edition highlights significant recent legal developments under the Securitisation and Reconstruction of Financial Asset...
    IndiaFinance and Banking
    Dentons
    Dentons
  • Article

    Supreme Court Holds That The Burden Of Proof Lies On The Person Claiming Rights In The HUF Property – A Reaffirmation Of ‘Semper Necessitas Probandi Incumbit Ei Qui Agit'

    In a recent decision1 , the Supreme Court of India ("Supreme Court") reiterated that the burden to prove that a 'property' is a joint property of a Hindu Undivided Family...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    LSPs Under The RBI's Scanner

    Until now, RBI queries were routed through Regulated Entities (REs). But this time, during annual RE inspections, the RBI reportedly called in LSP employees directly.
    IndiaTechnology
    Ikigai Law
    Ikigai Law
  • Article

    CCI Dismisses Allegations Of Cartelisation Against Hindalco And Vedanta Copper For Lack Of Evidence

    Information before the CCI was filed by an Advocate claiming confidentiality relying on data regarding the cartelisation in the copper market through ‘informed' and ‘credible sources'.
    IndiaAntitrust/Competition Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Digital Lending In India: A Regulatory Reset Under The Reserve Bank Of India (Digital Lending) Directions, 2025

    On May 08, 2025, the Reserve Bank of India (RBI) issued "The Reserve Bank of India (Digital Lending) Directions, 2025" (the Directions) to reduce consumer risk, enhance regulatory oversight, and ensure more responsible lending behaviour across the rapidly growing digital credit ecosystem in India.
    IndiaFinance and Banking
    Lex Orbis
    Lex Orbis
  • Article

    Mortgagor Has The Right To Redeem The Mortgage Until Issuance Of Sale Certificate Under Sarfaesi Act

    Recently, vide judgment dated 23 December 2021, the Punjab and Haryana High Court (High Court) in the case of M/s Pal Alloys & Metal India Private Limited and others v. Allahabad Bank and others.
    IndiaFinance and Banking
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Indemnity Clauses In India: Enforceability And Important Judgments

    In the ever-evolving landscape of business transactions, partnerships, and collaborations, uncertainty and unexpected challenges can arise at any moment.
    IndiaFinance and Banking
    Corrida Legal
    Corrida Legal
  • Article

    India's New Competition Guidelines Present A Minefield For M&A And Private Equity Globally

    About this time each year, CNBC raises the adage "Sell in May and go away," about the U.S. stock market. This year was no different.
    IndiaFinance and Banking
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Strengthening Diligence For A Secure Mortgage Lending

    A flawed title could adversely impact the validity and enforcement of security. For instance, proceedings under the
    IndiaFinance and Banking
    S&R Associates
    S&R Associates
  • Article

    Decoding Taxability Of Guarantee Charges In India

    The Delhi High Court in the judgment rendered recently in the case of Johnson Matthey Public Ltd Company vs CIT, International Taxation [2024] 162 taxmann.com 865 (Delhi)...
    IndiaFinance and Banking
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Project Finance – A User's Guide To Documentation

    The project financing transactions are voluminous and complex.
    IndiaFinance and Banking
    Hammurabi & Solomon Partners
    Hammurabi & Solomon Partners
  • Article

    Supreme Court On Third Party Security Under The Insolvency And Bankruptcy Code Of India- A View From Ivory Tower?

    In its landmark judgment in Indra Sawhney v. Union of India, a nine judges constitution bench of the Supreme Court of India reminded themselves that...
    IndiaFinance and Banking
    ZBA
    ZBA
  • Article

    Transaction Structuring Not A Means To Evade Payment Of Stamp Duty

    Supreme Court holds that even a single mortgage deed between a borrower and security trustee on behalf of several lenders may be considered as distinct matters for determination of stamp duty.
    IndiaFinance and Banking
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Revamping Rules For Creation Of Charge On Immoveable Property

    This article touches upon varying procedural formalities and stamp duty implications across States in India in relation to creation of equitable mortgage or charge on immoveable property, ...
    IndiaFinance and Banking
    Legacy Law Offices
    Legacy Law Offices
  • Article

    Reserve Bank Of India (Digital Lending) Directions, 2025

    The Reserve Bank of India (RBI) has issued the Digital Lending Directions under the recommendations of the "Working Group on Digital Lending".
    IndiaFinance and Banking
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company

Showing 81–100 of 157 results

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