India: Charges, Mortgages, Indemnities

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Redemption And Limitation In Usufructuary Mortgages: The Supreme Court's Clarification In Dalip Singh v. Sawan Singh

In a judgment dated 12 November 2025, the Supreme Court of India clarified the law governing redemption of usufructuary mortgages and the applicability of limitation in Dalip...

IL

IndiaLaw LLP

RERA's Iron Grip Strengthened: Courts Redefine Allottee Rights In Mortgages, Leases & Insolvency

The Real Estate (Regulation and Development) Act, 2016 (RERA), was enacted as a broad safeguard for India's purchasers, a group of consumers that has historically been exposed to the opaque and unaccountable...

India Real Estate

IL

IndiaLaw LLP

Default Is Default—Even On A Half-Disbursed Loan: NCLAT Clears Axis Bank's CIRP Trigger

On 6 October 2025, NCLAT's Principal Bench, New Delhi, delivered a terse but telling reminder that the CIRP under the Insolvency & Bankruptcy Code, 2016 is triggered by default, not the degree of disbursement or the robustness of security.

India Insolvency

IL

IndiaLaw LLP

No Shortcut On Stamp Duty – Supreme Court Says Security Bonds By Debtors Are Mortgage Deeds

In a recent judgment, the Supreme Court of India in M/s Godwin Construction Pvt. Ltd. v. Commissioner, Meerut Division & Anr. addressed an important issue concerning the correct classification of instruments for the purpose of stamp duty under the Indian Stamp Act, 1899.

India Real Estate

IL

IndiaLaw LLP

Sagus Speaks - August 2025 | Part 1

India Commercial

Sagus Legal

AKP Corporate & Compliance Digest August 11, 2025

India Employment

AP

AK & Partners

Registration Bill 2025 - Impact On Finance And Real Estate Sectors

India Real Estate

AP

Argus Partners

Reserve Bank Of India Vide Notification Dated July 02, 2025, Has Issued Reserve Bank Of India (Pre-payment Charges On Loans) Directions, 2025

LF

Lex Favios

Bombay High Court: Validity Of Mortgage In Breach Of The Underlying Lease Deed

AP

Argus Partners

Digital Lending In India: A Regulatory Reset Under The Reserve Bank Of India (Digital Lending) Directions, 2025

L

LexOrbis

SARFAESI Newsletter | May 2025

DL

Dentons Link Legal

Reserve Bank Of India (Digital Lending) Directions, 2025

MH

Mansukhlal Hiralal & Co.

LSPs Under The RBI's Scanner

India Technology

I

Ikigai Law

Statutory Charges And Secured Creditors: Analyzing Priority Post-Section 26E SARFAESI

IL

IndiaLaw LLP

The New Labour Codes In Practice: A Compliance Roadmap For Employers

India Employment

DD

Dhir & Dhir Associates

RBI Releases FEMA 2026 Export-Import Trade Regulations: What Businesses Need To Know

India International

LS

Lakshmikumaran & Sridharan

F&M - Dispute Resolution & ADR - Highlights 2025

India Litigation

Fox & Mandal

Facing An Enforcement Directorate (ED) Investigation? Here's What You Must Know

India Compliance

MC

MAHESHWARI & CO. Advocates & Legal Consultants

Consent Managers Are India's Next Big Opportunity: Here's The FAQ You Need

AP

AK & Partners

The Supreme Court Of India Explains The Concept Of Equitable Mortgage As Applicable In India And The Distinction Between Indian Law And English Law Vis-À-Vis The Mortgage By Deposit Of Title Deeds

The Supreme Court of India ("Supreme Court") in its recent judgement in The Cosmos Co. Operative Bank ltd vs. Central Bank of India and Ors, has held that ...

J

JSA

GST Rates On Gold: 18, 22, 24 Carat & Making Charges

Under the current GST regime in India, all gold transactions—whether for jewellery, bullion, or digital formats—are taxed under a standardized structure designed to simplify compliance and enhance transparency.

V

Vakilsearch

HSA | Dispute Resolution & Arbitration Monthly Update | March 2025

The Supreme Court's judgment in the case, The Cosmos Co. Operative Bank vs. Central Bank of India & Ors, highlights important legal principles about the different kinds of mortgages in Indian Law.

India Litigation

HA

HSA Advocates

RBI Reviews And Rationalizes Prudential Norms For UCBs

The Reserve Bank of India ("RBI"), vide notification dated February 24, 2025, has reviewed, and rationalized various prudential norms for Urban Co-operative Banks ("UCBs") ("Notification") as under:

AP

Argus Partners

A Deep Dive Into RBI's Draft Circular On "Responsible Lending Conduct – Levy Of Foreclosure Charges/ Pre-Payment Penalties On Loans"

IL

IndiaLaw LLP

Supreme Court Ruling On Priority Of Mortgage Created By Deposit Of Title Deeds Over Equitable Mortgage By Deposit Of An Unregistered Agreement Of Sale

IL

IndiaLaw LLP

Strengthening Diligence For A Secure Mortgage Lending

SA

S&R Associates

Aviation Finance & Leasing

India Transport

DL

Dentons Link Legal

PTC - Diversify Your Risk And Manage Your ALM / CRAR

CC

Coinmen Consultants LLP

The Overhaul Of The Law Relating To Apartment Ownership In Tamil Nadu

India Real Estate

J

JSA

Stamp Duty Amendments

India Commercial

J

JSA

Charges Levied By Market Infrastructure Institutions

J

JSA

Decoding Taxability Of Guarantee Charges In India

VA

Vaish Associates Advocates

SARFAESI Newsletter - April 2024

India Litigation

DL

Dentons Link Legal

Stamp Duty Amendments

The Government of Karnataka issued a notification on February 3, 2024, regarding the Karnataka Stamp (Amendment) Act, 2023 ("2023 Amendments") which currently cover several articles of Schedule 1...

India Commercial

J

JSA

Charges Levied By Market Infrastructure Institutions

The Securities and Exchange Board of India ("SEBI"), vide its circular dated July 1, 2024, has directed the Market Infrastructure Institutions ("MIIs")...

J

JSA

Decoding Taxability Of Guarantee Charges In India

The Delhi High Court in the judgment rendered recently in the case of Johnson Matthey Public Ltd Company vs CIT, International Taxation [2024] 162 taxmann.com 865 (Delhi)...

VA

Vaish Associates Advocates

SARFAESI Newsletter - April 2024

The latest edition of our SARFAESI Newsletter explores the recent cases, highlighting the precedence of secured creditors with registered interests.

India Litigation

DL

Dentons Link Legal

Securitisation And Synthetic Securitisation In India

AP

AK & Partners

Celir LLP v. Bafna Motors – SC Holds That A Mortgagor's Right Of Redemption Extinguishes On Issue Of Notice Of Auction Under The Sarfaesi Act

A three-judge Bench of the Supreme Court recently interpreted the amended provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest, 2002 (SARFAESI Act)...

KC

Khaitan & Co LLP

Celir LLP vs Bafna Motors(Mumbai) Pvt. Ltd.& Ors.

On 21st September, 2023, the Hon'ble Supreme Court reiterated that the High Court cannot exercise its writ jurisdiction under Article 226 of the Constitution more particularly when alternative remedy...

RC

Royzz & Co

Navigating New Horizons: The Opportune Moment For Financial Institutions To Sail The Oceans Of Indian Financial Market

Since 2015, all eyes have been on India's first and only International Financial Services Centre (IFSC), known as Gujarat International Fin-Tech City (hereinafter referred to as GIFT City).

PL

Phoenix Legal

Indemnity Clauses In India: Enforceability And Important Judgments

In the ever-evolving landscape of business transactions, partnerships, and collaborations, uncertainty and unexpected challenges can arise at any moment.

CL

Corrida Legal

Supreme Court Settles The Conflict On The Right Of Redemption Of Mortgaged Property Under The SARFAESI Act

India Litigation

I

CMS INDUSLAW

Significance Of The Intention Of Parties

MH

Mansukhlal Hiralal & Co.

Indirect Tax Newsletter May 2023

SO

S&A Law Offices

ELP Tax Update - GST on Other Charges for the Real Estate Industry

Es

Economic Laws Practice

Why Maharasthra Residents Should Complete Their Gift Transactions Before End Of FY 2021 – 22

India Real Estate

AA

Agama Law Associates

Securing Payments Of Parent Company By Subsidiary Under Insolvency – Whether Preferential Transaction

India Commercial

AA

Agama Law Associates

An Overview Of Real Estate Laws And Regulations Applicable In India

India Real Estate

SC

Solomon & Co.

NBFCs Are Now Subject To Prompt Corrective Action

India Commercial

PL

Phoenix Legal

Corporate & Commercial Monthly Newsletter | February 2022

India Commercial

HA

HSA Advocates

Mortgagor Has The Right To Redeem The Mortgage Until Issuance Of Sale Certificate Under Sarfaesi Act

KC

Khaitan & Co LLP

Update: Effective 1st April 2022, Surcharge @1% On Sale, Gift And Usufructuary Mortgage In Brihan Mumbai Municipal Corporation Areas

AA

Agama Law Associates

Amendments To Maharashtra Stamp Act: Increase In The Ceiling On Stamp Duty For Security

KC

Khaitan & Co LLP

Maharashtra Stamp (Amendment) Act, 2021

DV

Dhaval Vussonji & Associates

Do Borrowers Have Protection Against Arbitrary Disposal Of Properties Mortgaged To Banks?

OA

Obhan & Associates

Back To The Basics | Specific Indemnity

HA

HSA Advocates

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