Category Archives: Banking Law

[Case Brief] Shankarlal Agarwalla vs State Bank of India & Another- Calcutta High Court

Brief facts and Procedural history- On January 16, 1978, a High Denomination Bank Notes (Demonetisation) Ordinance, 1978 was published in the Gazette which subsequently became the Act in 1978. Under this Act all the high denomination notes i.e. 1000, 5000,10000 Rupees notes will no longer be a legal tender. Persons can exchange their tender on […]

[Case Brief] Sadashiv Prasad Singh v/s Harender Singh & Others, 2014

Brief Facts and Procedural History: A loan of Rs 12.70 lakhs was sanctions to M/s. Amar Timber Works, a partnership firm, by the Allahabad Bank (‘Bank’) in the year 1989. This partnership firm comprised of three partners, Jagmohan Singh, Payam Shoghi and Dev Kumar Sinha. Certain properties were mortgaged by the partners to secure the […]

[Case Brief] Central Bank of India v/s State of AP & Others, 2005

Brief Facts and Procedural History: The petitioner, Central Bank of India, is a nationalized bank. According to the petitioner, M/s. Kirlampudi Sugar Mills Limited (KSML), the fifth respondent, availed cash credit limit and term loans from one of the branches of the petitioner bank. To secure the loan, KSML had hypothecated the plant and machinery […]

[Case-Brief] The RDB Act is a special law and a complete code in itself.

A recovery certificate was issued by the tribunal under section 19(22) of the Recovery of Debt and Bankruptcy Act, 1993. Pursuant to which the Recovery officer passed an order. An appeal against this order can be filed within the period of 30 days but no appeal was preferred in the prescribed period. It is thus […]