Gujarat High Court
LEGAL SUBJECT
Banking and Finance Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Karnataka High Court
Banks must disclose forensic audit findings and provide a hearing before classifying accounts as fraud.
Canara Bank issued a show-cause notice dated 21 January 2025 concerning the petitioner company’s account.2 MIN READ↗
Karnataka High Court
Failure to honour a deposit undertaking warrants dismissal of writ challenges to cooperative loan recovery.
Hidayat, the principal borrower, obtained a cash-credit facility of ₹3 crore from Shantika Souharda Sahakari Niyamita.2 MIN READ↗
Karnataka High Court
Writ jurisdiction should not ordinarily intervene in SARFAESI measures where an effective DRT remedy exists.
The petitioner challenged a possession notice dated 24 July 2020 concerning his schedule property, issued by the respondent Bank in recovery proceedings against a builder/borrower who had mortgaged the property as sec...2 MIN READ↗
Madras High Court
Police failure to forthwith report a bank-account seizure to the Magistrate vitiates the freeze.
The petitioner, A8 in Crime No. 83 of 2024, challenged the Judicial Magistrate’s order refusing to defreeze her Tamil Nadu Grama Bank account, while directing defreezing of her separate Tamil Nadu Mercantile Bank acco...2 MIN READ↗
Chhattisgarh High Court
Temporary Protection Granted to Enable Borrower to Approach the Assigned DRT.
The petitioners challenged a Naib Tahsildar’s notice dated 16 September 2026, issued to take possession of their residential property pursuant to an order of the Chief Judicial Magistrate under Section 14 of the SARFA...2 MIN READ↗
Madhya Pradesh High Court
Banks must unfreeze accounts while retaining only disputed cyber-fraud amounts in fixed deposits.
The petitioner sought a writ directing State Bank of India to unfreeze his account, which had been frozen following action by cyber-crime authorities. He alternatively asked that any freeze be limited to the disputed...2 MIN READ↗
Madhya Pradesh High Court
Only the disputed amount may remain secured; the bank account must otherwise be unfrozen.
The petitioner sought to quash the freezing of his Bank of India savings account and restore its operation, as well as obtain copies of the complaints or orders underlying the freeze2 MIN READ↗
Madhya Pradesh High Court
Banks must unfreeze accounts while retaining a lien only over the identified suspicious amount.
The petitioner sought a writ directing the respondents to unfreeze his bank account while retaining a lien over the allegedly suspicious amount of ₹1,000.2 MIN READ↗
Madhya Pradesh High Court
Cyber-fraud freezes must be limited to disputed sums, with the remaining account funds released.
The petitioner invoked Article 226 of the Constitution seeking removal of the hold or freeze on his bank account.2 MIN READ↗
Madhya Pradesh High Court
Only the disputed cyber-fraud amount may be secured; the bank account must otherwise be unfrozen.
The petitioner sought a direction to unfreeze his Punjab National Bank account, while permitting the disputed amount of ₹84,000 to remain secured in a fixed deposit.2 MIN READ↗
Delhi High Court
Reconsideration of contractual and regulatory arguments does not establish an error apparent warranting review.
During his service with the Bank, the Respondent obtained vehicle, education and housing loans.3 MIN READ↗
Madras High Court
Partnership funds must remain in fixed deposit pending arbitral resolution of the partners’ disputes.
The applicant and the first respondent were partners in a reconstituted firm whose partnership deed contained an arbitration clause.2 MIN READ↗
Madhya Pradesh High Court
The account must be unfrozen while the disputed amount remains secured in a fixed deposit.
The petitioner sought a direction under Article 226 of the Constitution to remove the lien or hold on his Bank of Maharashtra account and permit unrestricted operation of it2 MIN READ↗
Madhya Pradesh High Court
A bank account must be unfrozen when the disputed amount can be secured separately in a fixed deposit.
The petitioner sought a direction to ICICI Bank to unfreeze bank account No. 762201501260, while retaining ₹1,170—the disputed amount—in a fixed deposit, if required.2 MIN READ↗
Madhya Pradesh High Court
MP High Court directs Post Office to process claims of customers duped by employees using fake passbooks
The petitions concerned losses allegedly suffered by customers who paid money at the Post Office Bina Branch to open term-deposit accounts or purchase savings certificates.2 MIN READ↗
Karnataka High Court
Once proceedings are quashed, the bank guarantee imposed for account defreezing must be returned.
Following registration of Crime No. 275/2022, the petitioner’s ICICI First Bank account was frozen.2 MIN READ↗
Bombay High Court
Banks must provide audit reports before classifying accounts as fraudulent, Bombay High Court rules
GSR Marketing Limited had obtained credit facilities from Union Bank of India, secured by immovable properties owned by third-party guarantors.2 MIN READ↗
Madras High Court
Auction confirmation was barred pending the petitioner’s opportunity to sell property and repay investors.
The petitioner was a partner in Krishna Bankers, which defaulted on repayments to depositors. Following a depositor’s complaint, criminal proceedings were initiated under Section 420 of the IPC and Section 5 of the Ta...3 MIN READ↗
Madhya Pradesh High Court
A bank account must be unfrozen while the disputed cyber-fraud amount is secured in fixed deposit.
The petitioner sought relief under Article 226 of the Constitution, including removal of the hold or lien on its Yes Bank account.2 MIN READ↗
Madhya Pradesh High Court
Banks must unfreeze accounts while securing only the disputed cyber-fraud amount in a fixed deposit.
The petitioner sought a writ under Article 226 directing State Bank of India to remove a hold of ₹6,426.15 from her account and to permit her to operate the account.2 MIN READ↗
Madhya Pradesh High Court
Banks must preserve only the disputed amount and allow the account holder to operate the account.
The petitioner challenged the hold on ₹12,519 in her HDFC Bank account and sought removal of the hold and permission to operate the account.2 MIN READ↗
Delhi High Court
Courts may permit witnesses to produce previously undisclosed relevant documents where no prejudice is caused.
The petitioner instituted a commercial suit seeking, inter alia, recovery of ₹89,32,221.10, alleging that the respondent bank had charged interest at a rate higher than agreed during 2018–2021.2 MIN READ↗
Supreme Court
Supreme Court quashes SC/ST Act case against bank officers, says RBI guideline violations alone do not justify criminal prosecution
The respondent-company had obtained credit facilities from the State Bank of India from 2010; its accounts were declared non-performing in 2016. The company’s directors alleged that bank officials discriminated agains...2 MIN READ↗
Supreme Court
YES Bank AT-1 bond write-down set aside: Supreme Court says administrator lacked authority to act after reconstruction scheme omitted the clause
YES BANK issued Basel III-compliant Additional Tier 1 (AT-1) bonds in 2016 and 2017, with Axis Trustee Services Limited appointed as trustee3 MIN READ↗
Calcutta High Court
Writ jurisdiction is unavailable for SARFAESI auction disputes absent a recognized exception to the alternative-remedy rule.
The petitioner was the highest bidder in an e-auction of land and a building conducted by Punjab National Bank.2 MIN READ↗
Madras High Court
Authorities cannot challenge loan-settlement benefits after acquiescing in their extension before the court.
The private respondents had borrowed from D.K.80 Begirai Primary Agricultural Co-operative Credit Society and claimed entitlement to loan-settlement benefits under G.O.Ms.No.164 dated 13 December 2023 and G.O.Ms.No.59...2 MIN READ↗
Karnataka High Court
Concluded SARFAESI proceedings cannot be reopened through a subsequent writ petition seeking OTS.
Petitioner No. 2 obtained a loan for petitioner No. 1, secured against immovable property and LIC policies. Following default and classification of the account as an NPA, the Bank initiated proceedings under Sections...2 MIN READ↗
Patna High Court
SARFAESI Section 32 bars prosecution of bank officers for acts done in good faith.
The complainant alleged that he purchased mortgaged property at a bank auction after submitting the highest bid and paying the amounts demanded by bank officials.2 MIN READ↗
Calcutta High Court
SARFAESI permits secured creditors to obtain actual possession after auction sale.
Indian Bank extended credit facilities to M/s Rina Textiles, a proprietorship of the appellant’s wife. The loan was secured by a mortgage over 0.005 acres of land and a showroom known as “Discovery”, part of property...3 MIN READ↗No articles match these filters.