Legal Decisions affecting Bankers - A to Z in Banking

Details: Published: 31 January 2024; Hits: 751

IBA link to Legal Decisions affecting Bankers

#		Title
1		Limitation Period for initiating IBC proceeding- Basis: Recovery Certificate issued by DRT SC Tottempudi Salailath Vs SBI Right of DRT RC Holder in CIRP under IBC 18102023 CA 2348 of 2121
2		Recent changes to PMLA Records Rules PMLA Records Rules Notification- 7.3.2023
3		Supreme Court Judgment- S.138 NI Act (Cheque Return) proceedings in case of CIRP SC Judgement 15.03.2023 - Ajay Kumar Goenka Vs Tourism Finance Corp. S 138
4		Supreme Court Judgment- SARFAESI Recovery- 50% of the Debt Due- Not to include the amount realised by sale of secured property Sidha Neelkanth Paper Industries Vs Prudent ARC (Civil Appeal 8969 of 2022) judgment dated 05.01.2023
5		Supreme Court Judgment - SARFAESI- Burden of proving that land given as security not being agricultural on the borrower who gave it as security. SC - K. Sreedhar Vs Raus on Agri Property- SARFAESI - 05.01.2023
6		Supreme Court Judgment 05.01.2023 - SARFAESI Recovery to prevail over MSMED Recovery SC- Kotak Vs Girnar- (IBC secured dues supersede MSME dues) 05.01.2023
7		Recent Supreme Court Judgment in case of SARFAESI Sale SC on Lelamma Mathew Vs IOB as need to be careful while issuing Sale Certificate
8		Recent Supreme Court Judgment in a Cheque Returned - Sections 138 to 148 of the Negotiable Instruments Act, 1881 Legal Note - Recent Supreme Court Judgment in a Cheque Returned - s.138 case
9		Changes to Information Technology Act, 2000 - Schedule 1 MEIT Notification- 1st Schedule Changes- 26.09.2022
10		Advocate Commissioner in the execution of SARFAESI order u/s 14(1) Issue whether a District Magistrate (DM) or Chief Metropolitan Magistrate (CMM) can appoint an advocate to take possession of secured assets in SARFAESI was ruled on by various High Courts.
11		No Writ Petition in Commercial Matters IBA Legal Circular- Writ Petitions against Banks- 24.3.2021 SC Order dated 12 Jan 2022 in Phoenix ARC Vs. Vishwa Bharati Vidya Mandir