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The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)- Balancing the Rights and Liabilities of Creditors and Debtors – A Judicially Calibrated Framework By Advocate Ranjitsinh Ghatge 🦅

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The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) - Balancing the Rights and Liabilities of Creditors and Debtors – A Judicially Calibrated Framework By Advocate Ranjitsinh Ghatge 🦅 I. Introduction: Why SARFAESI Exists The SARFAESI Act, 2002 was enacted against the backdrop of mounting non-performing assets (NPAs) choking the Indian banking system. Conventional civil recovery mechanisms were slow, expensive, and ineffective. Parliament therefore created a non-adjudicatory enforcement mechanism enabling secured creditors to enforce security interests without court intervention, subject to post-action judicial review. At the same time, the Act could not—and does not—permit arbitrary deprivation of property. Over the last two decades, constitutional courts have acted as balancing institutions, ensuring that creditor efficiency does not degenerate into debtor oppression. II. The Architecture of SARFAESI: Rights & Li...
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When Injunctions Must Be Refused and When Negative Covenants May Still Be Enforced- A Critical and Practical Study of Sections 41 and 42 of the Specific Relief Act, 1963

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When Injunctions Must Be Refused and When Negative Covenants May Still Be Enforced - A Critical and Practical Study of Sections 41 and 42 of the Specific Relief Act, 1963 Provisions  41. Injunction when refused.—An injunction cannot be granted— (a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings; (b) to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought; (c) to restrain any person from applying to any legislative body; (d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter; (e) to prevent the breach of a contract the performance of which would not be specifically enforced; (f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance; (g) to prev...
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Temporary Injunctions under Section 37(1) of the Specific Relief Act, 1963Concept, Scope, Procedure, and Judicial Approach

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Temporary Injunctions under Section 37(1) of the Specific Relief Act, 1963 Concept, Scope, Procedure, and Judicial Approach A Critical and Practical Study of Section 37 of the Specific Relief Act, 1963 read with Order XXXIX and Section 94(e) of the Code of Civil Procedure, 1908 A. The Provision 37. Temporary and perpetual injunctions.—(1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908). Temporary and Perpetual Injunctions under Indian Civil Law B. Introduction: Injunction as an Equitable Judicial Tool Injunctions are among the most potent equitable remedies in civil jurisprudence. Unlike damages, which compensate retrospectively, injunctions are preventive and protective, aimed at restraining threatened harm or preserving rights until final adjudication. Indian law classifies injunctions broadly into tempora...
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Mandatory and Negative Injunctions under the Specific Relief Act, 1963- A Critical Study of Sections 39 and 42 with Judicial Interpretation:

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Mandatory and Negative Injunctions under the Specific Relief Act, 1963 - A Critical Study of Sections 39 and 42 with Judicial Interpretation: A. Relevant provisions: 39. Mandatory injunctions.—When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts. 42. Injunction to perform negative agreement.—Notwithstanding anything contained in clause (e) of section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstance that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement: Provided that the plaintiff has not failed to perform the contract so...
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Perpetual Injunction Under Section 38 of the Specific Relief Act, 1963: Concept, Scope, and Judicial Application

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Perpetual Injunction Under Section 38 of the Specific Relief Act, 1963: Concept, Scope, and Judicial Application A. The Specific Relief Act, 1963 Section 38.  Perpetual injunction when granted.—(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication. (2) When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II. (3) When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property,  the court may grant a perpetual injunction in the following cases, namely:— (a) where the defendant is trustee of the property for the plaintiff; (b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused,  by the invasion; (c) where the invasion is such that compensation in ...
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Other Alternatives to a Private Member’s Bill

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Other Alternatives to a Private Member’s Bill If you cannot find or contact any Member of Parliament (MP) willing to introduce a Private Members’ Bill, several lawful and effective alternative routes remain available. Under Article 107(1) of the Constitution of India, only an MP can introduce a Bill, whether a Government Bill or a Private Members’ Bill, in either House of Parliament. Thus, a private citizen, advocate, NGO, or institution cannot directly introduce a Bill in Parliament. However, there exist indirect yet powerful mechanisms through which your draft Bill can still reach Parliament. A. When You Cannot Reach an MP Directly You may submit your draft Bill to the Secretary-General of the Lok Sabha or Rajya Sabha, with a request that it be circulated to MPs who may be interested in sponsoring it. B. Write to Constitutional and Parliamentary Authorities You can formally approach the following authorities with: Your draft Bill, A cover letter, An explanatory note. Authorities you ...
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Supreme Court on Touts in Courts

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Supreme Court on Touts in Courts 1. Haryana State vs. Bhajan Lal AIR 1992 SC 604 Though primarily on abuse of process of law, the Court emphasized the sanctity of judicial institutions and condemned practices undermining the integrity of the legal process, which includes touting. 2. Bar Council of India vs. High Court of Kerala (2004) 6 SCC 311 The Supreme Court acknowledged the menace of touts operating in and around court premises. It observed that: Touting brings disrepute to the legal profession. State Bar Councils, along with judicial authorities, must take concrete steps to identify and eliminate touts. The Court upheld the power of the judiciary to regulate entry into court premises, including measures to prevent unauthorized agents or touts from influencing litigants. 3. Section 36 of the Legal Practitioners Act, 1879 (Still Applicable in Some States) Recognized by courts as valid statutory authority to prepare and maintain a list of touts, after following due process. Magistra...
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