Supreme Court

Forcible Vehicle Repossession: Supreme Court Strengthens Borrower Protection and Directs RBI to Ensure Compliance

The Supreme Court has held that banks and financial institutions cannot resort to forcible or arbitrary repossession of vehicles in violation of contractual terms and RBI guidelines. In Hari Dutta Sharma v. State of U.P., the Court found the repossession of a truck without the required notice to be unlawful, awarded ₹10 lakh compensation for loss of livelihood and directed the RBI to ensure genuine compliance with its recovery guidelines.

Supreme Court

E-Filing Glitch and Limitation Under the IBC: Supreme Court Invokes Actus Curiae Principle

The Supreme Court has held that a litigant cannot be prejudiced by a delay caused solely by a tribunal's own e-filing failure. In Regional Provident Fund Commissioner-II v. Ms. Mamta Binani & Ors., the Court invoked the principle of actus curiae neminem gravabit and restored an IBC appeal that could not be filed within the statutory period because of technical failures in the NCLAT's e-filing system.

Supreme Court

The ₹2,000 UPI Threshold: Constitutional and Regulatory Questions Before the Supreme Court

The Centre's new Merchant Discount Rate framework for specified UPI transactions above ₹2,000 has been challenged before the Supreme Court in Anjan Datta v. Union of India & Ors. The petition raises questions concerning Article 14, Article 19(1)(g), delegated legislation, consumer impact and the statutory authority underlying the new UPI payment framework.

Research Paper

SARFAESI Act vis-à-vis Enforcement of Secured Debt Acquired from Unnotified Financial Institutions

Publication Note: Originally published on Manupatra. This article examines the Supreme Court's decision in…

Research Paper

The Limits of Audi Alteram Partem in Banking Fraud Regulation

Publication Note: Originally published on Manupatra. This article examines the application and limits of…