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Rawlaw
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Supreme Court Clarifies Arbitration Mandate for Bank-to-Bank Disputes Under SARFAESI Act — “Dispute Between Two Banks, Not Bank and Borrower, Must Be Resolved Through Arbitration” – “No Written Arbitration Agreement Required, Section 11 Provides Independent Statutory Mandate for Arbitration”
Rawlaw4 min read
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Supreme Court Upholds Vicarious Liability in NI Act Proceedings – Respondent No. 2, Who Actively Negotiated the Facility, Executed the Loan and Security Documents, and Provided Personal Guarantees, Held Liable – “Repetition of the Exact Words of the Section 141 Language in the Same Order, Like a Mantra or a Magic Incantation is Not the Mandate of the Law”
Rawlaw5 min read
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Supreme Court Rules Exemption for Goods, Including Vehicles, Imported under Transfer of Residence (ToR) Facility Valid, Rejects Retrospective Application of CBEC Circular — “A Circular Cannot Override or Detract from the Provisions of the Statute or Notifications Issued Thereunder”
Rawlaw6 min read