This is in apropos to the article of Mr V. D.Rao published on 6th of June 2012. I have gone through the article. This article is quite praise worthy and full of facts. It focuses on the apathy of the borrowers who are subjected to litigation under the Securitization Act. It is my personal experience that some time for small reasons borrower has to face the burn of SARFAESI Act. This is due to extra ordinary power given to the banks. In most of the cases borrowers are defeated because they cannot afford to pay 75% as pre deposit for filing...
Wednesday, 5 June 2013
Functions of Chief Metropolitan Magistrate /District Magistrate u/s.14 of the Act
The Magistrates perform ministerial functions under Section 14 of SARFAESI Act. Sec.14(3) of the Act provides for immunity. Section 34 of the Act bars civil court’s jurisdiction in order to avoid adjudication of cla im (which is time consuming process) and the jurisdiction to scrutinize the legality of the action is conferred to the DRTs (after the stage of action under Sec.13(4)). For this reason Sec.14 does not confer power to CMM/DM for deciding any dispute of any person. Hence for this reason, service of any notice to the borrower is not...
HOW MANY TYPES OF ADVOCATES ARE THEIR IN INDIAN COURTS
DIFFERENT TYPES OF ADVOCATES IN INDIAN COURTS
What is the difference amongst Senior Advocate, an Advocate on Record and an advocate?
The Advocates Act makes a provision for two kinds of advocates i.e. Senior Advocates and advocates. However, the Supreme Court of India has, in exercise of its rule making power, made a provision for advocate on record. The distinction amongst them are as follows:
(i) SENIOR ADVOCATESSenior Advocates are designated as such by the Supreme Court of India or by any High Court. The Court can designate any advocate,...
Telecom Services and Consumer Law
Telecom Services and Consumer Law: By Satnam Singh
In a Recent Judgment in an appeal No.7687 of 2004 filed by the BSNL, the Hon’ble Supreme Court of India while deciding/accepting the appeal of BSNL on 1-1-2009, has Has decided that when there is a special remedy provided in section 7-B of the Indiam Telegraph Act regarding disputes in respect of telephone bills, then the remedy under the Consumer Protection Act is by implication barred. The section 7-B of the India Telegraph Act provides for resolution of consumer disputes through arbitration....
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