The Civil Procedure Code, 1908 is that essential procedural law that provides for the procedure for the enforcement of civil rights and liabilities given under a few of the substantive…
The term “arbitrability” typically connotes the aptitude of a dispute or categories of disputes that may be settled by an arbitrator. As far as the Indian legislation concerned, neither the…
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) introduced a clause as Section 26E giving priority to payment of debts owed to the…
The conception of the adverse possession for a period of 12 years in the case of a private property and 30 years in case of the State property is an…
INTRODUCTION Given the current economic condition, borrowers are experiencing decline in income and cash flows. As a result, several borrowers are seeking to cut back written agreement, money outlays, the foremost common being debt payments. Refinancing and restructuring are two separate processes however, they usually invoke a similar image that of a desperate company…
The Indian courts have for a long time faced the question of identification of deeds as a relinquishment deed and gift deed. The high court from different states, not once,…
INTRODUCTION The term "Negotiation" does not necessarily imply anything more than the assertion that the paper possesses the negotiable quality. Generally speaking, it applies to any written statement given as…
A bank guarantee is a guarantee that is given by an entity or institution who is lending money or a lending institution to a person. This guarantee means that if…
On 5 May 2020, Supreme Court in Pandurang Ganpati Chaugule v. Vishwasrao Patil Murgud Sahakari Bank Limited, a five judge constitution bench headed by Justice Arun Mishra ruled that the…
One of the crucial changes implemented by the Regulating Authority is the imposition of maintaining an escrow account. According to Section 4(2)(l)(D) of the RERA, a promoter is required to…