Complete Supreme Court Yearly Digest Part-10

RRajiv Gandhi Assassination CaseRajiv Gandhi Assassination Case - Supreme Court orders premature release of all 6 convicts. R.P. Ravichandran v. State of Tamil Nadu, 2022 LiveLaw (SC) 954Ratio DecidendiRatio Decidendi - Final relief granted need not be the natural consequences of the ratio decidendi of its judgment. (Para 26) B.B. Patel v. DLF Universal Ltd; 2022 LiveLaw (SC) 90 : AIR 2022 SC 683 : (2022) 6 SCC 742Real Estate (Regulation and Development) Act, 2016Real Estate (Regulation and Development) Act, 2016 - Rajasthan Real Estate Regulatory Authority Regulations, 2017 - Regulation 9 - Regulation 9 of the Regulations of 2017 is not ultra vires the Act or is otherwise not invalid - The delegation of powers in the single member of RERA to decide complaints filed under the Act even otherwise flows from Section 81 of the Act and such delegation can be made in absence of Regulation 9 also. Union Bank of India v. Rajasthan Real Estate Regulatory Authority, 2022 LiveLaw (SC) 171Real Estate (Regulation and Development) Act, 2016 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - RERA authority has the jurisdiction to entertain a complaint by an aggrieved person against the bank as a secured creditor if the bank takes recourse to any of the provisions contained in Section 13(4) of the SARFAESI Act - This shall be applicable in a case where proceedings before the RERA authority are initiated by the homer buyers to protect their rights. Union Bank of India v. Rajasthan Real Estate Regulatory Authority, 2022 LiveLaw (SC) 171Real Estate (Regulation and Development) Act, 2016 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - In the event of conflict between RERA and SARFAESI Act the provisions contained in RERA would prevail. Union Bank of India v. Rajasthan Real Estate Regulatory Authority, 2022 LiveLaw (SC) 171Real Estate (Regulation and Development) Act, 2016 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - RERA authority has the jurisdiction to entertain a complaint by an aggrieved person against the bank as a secured creditor if the bank takes recourse to any of the provisions contained in Section 13(4) of the SARFAESI Act - This shall be applicable in a case where proceedings before the RERA authority are initiated by the homer buyers to protect their rights. Union Bank of India v. Rajasthan Real Estate Regulatory Authority, 2022 LiveLaw (SC) 171Real Estate (Regulation and Development) Act, 2016 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - RERA would not apply in relation to the transaction between the borrower and the banks and financial institutions in cases where security interest has been created by mortgaging the property prior to the introduction of the Act unless and until it is found that the creation of such mortgage or such transaction is fraudulent or collusive. Union Bank of India v. Rajasthan Real Estate Regulatory Authority, 2022 LiveLaw (SC) 171Real Estate (Regulation and Development) Act, 2016 - Consumer Protection Act and the RERA Act neither exclude nor contradict each other - They are concurrent remedies operating independently and without primacy. (Para 14.1) Experion Developers Pvt. Ltd. v. Sushma Ashok Shiroor, 2022 LiveLaw (SC) 352 : AIR 2022 SC 1824Recovery of Debts Due to Banks and Financial Institutions Act, 1993Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Section 19, 31 - An independent suit filed by the borrower against the bank or financial institution cannot be transferred to be tried along with application under the RDB Act, as it is a matter of option of the defendant in the claim under the RDB Act - Since there is no such power, there is no question of transfer of the suit whether by consent or otherwise - Proceedings under the RDB Act will not be impeded in any manner by filing of a separate suit before the Civil Court - It is not open to a defendant, who may have taken recourse to the Civil Court, to seek a stay on the decision of the DRT awaiting the verdict of his suit before the Civil Court as it is a matter of his choice. (Para 49- 56) Bank of Rajasthan Ltd. v. VCK Shares & Stock Broking Services Ltd., 2022 LiveLaw (SC) 941Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Section 17, 18, 19 - Jurisdiction of a Civil Court to try a suit filed by a borrower against a Bank or Financial Institution is not ousted by virtue of the scheme of the RDB Act in relation to the proceedings for recovery of debt - There is no provision in the RDB Act by which the remedy of a civil suit by a defendant in a claim by the bank is ousted, but it is the matter of choice of that defendant. Such a defendant may file a counterclaim, or may be desirous of availing of the more strenuous procedure established under the Code, and that...

Complete Supreme Court Yearly Digest Part-10

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Complete Supreme Court Yearly Digest Part-10

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