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Advocate V. Durga Rao

Latest Articles


RBI guidelines & SARFAESI proceedings?

Corporate Law : It is very clear that the Banks should follow RBI guidelines on Asset-Classification before classifying any loan account as ‘Non...

March 9, 2013 7472 Views 2 comments Print

INDIA’s growth story?

Finance : In the recent past, there is much talk among the business people, media and also society about India’s growth story, consequence...

March 2, 2013 1304 Views 0 comment Print

Indian Court System & who cares for Reforms?

Corporate Law : With great pain from the bottom of my heart, I have been writing this article. I have got great respect for legal profession, lega...

February 26, 2013 1213 Views 0 comment Print

SARFAESI Act & sorrows of Borrower?

Corporate Law : There is every need for the Government to enable/assist the Banks in reducing their NPAs (Non-performing Assets) and it is beyond ...

February 26, 2013 6377 Views 0 comment Print

Banks going back from ‘Settlement of Default/Debt’?

Fema / RBI : It is known that while some loan transactions with the Bank like Housing Loan, Educational Loan etc. are very simple, some commerc...

August 23, 2012 4983 Views 0 comment Print


Apex Court can strengthen the legal system in this Country beyond criticism?

February 12, 2011 327 Views 0 comment Print

It is a fact that people are afraid to approach Courts in this Country except in some cases. General perception now is that it is not worthy to approach courts even if there exist a right cause. It is also being criticized that the legal set-up is b

Talented young lawyers should not leave Court practice and should strengthen the Judiciary?

February 4, 2011 438 Views 0 comment Print

When I was a student of law, I was privileged to see enthusiastic young students discussing many constitutional issues, peculiar cases and even discussing interesting issues of International Law. There was no doubt in my mind at that time that these

NPA classification/SARFAESI Act – discretion of Bank/Secured Creditor?

January 7, 2011 2940 Views 0 comment Print

The Banks or Secured Creditors do feel comfortable in recovering their dues using the provisions of SARFAESI Act, 2002. The object of the enactment, as everybody knows, is to enable the Banks/Secured Creditors to reduce the level of ‘Non-performing

SARFAESI Act, 2002/Debt Recovery Tribunal – important points to be noted?

January 6, 2011 8559 Views 1 comment Print

The object of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is to regulate Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest and for matters connected

Is it correct to blame Advocates and Courts only for the delay in Courts?

November 13, 2010 628 Views 0 comment Print

Recently president of United States Barrack Obama has visited India and expressed his opinion that India has already ‘emerged’. We, Indians, know as to the achievements made and things we need to still achieve. We have so many issues to deal with in this country like political reforms, the issue of corruption, the education, health, extremism, naxalism and many other issues.

Is it so difficult to reform our Legal System or Judiciary?

August 25, 2010 886 Views 0 comment Print

The legal system in India and the judiciary has reached a stage now where the public openly criticise the judiciary and the News Channels debate even the judgments delivered by the Constitutional Courts. It is an open fact in my opinion that the public opinion at the legal system in India and as to how the judiciary is not able to deliver results meeting the expectations of the public, has taken away the caution to be exercised while referring to the judiciary or the legal system. The respect can never forcibly be received and the respect should come voluntarily.

Pathetic Situation of Lawyers with the Filing System in Courts and In the Absence of Required Guidance?

August 20, 2010 786 Views 0 comment Print

India is regarded as one of the fastest growing economies in the word and even the president of United States of America, Barrack Obama, frequently refers about the growth of nations like China and India. Many legal professionals have served this country starting from Mahatma Gandhi and the lawyers are better placed to serve the society or the country in view of their understanding of the system and enormous knowledge which they gain by nature of their job.

Is It Possible to Lay A Hard and Fast Rule on Powers of CLB U/s. 397/398 of Companies Act, 1956?

August 10, 2010 1528 Views 0 comment Print

It is known to the corporate professionals that there are so many complications in getting the disputes resolved among shareholders in the Company. The disputes among the shareholders or the groups tend to come in closely held companies as the largely held Public Limited Companies should follow SEBI (DIP) regulations while allotting shares and as SEBI and the Stock Exchange monitors various issues in respect of Listed Public Companies.

Is It Wrong To Express Opposition When The Judge Departs From The Settled Practice?

August 3, 2010 651 Views 0 comment Print

I have great respect for judiciary and legal profession. I have heard about the eminent lawyers in India like H.M.Seervai and his courage and commitment to the chosen principles. I have studied that he was so courageous and never compromised with his chosen principles in legal profession and successfully held the post of Advocate-General of Maharashtra for 17 years continuously and even when he was acting as an Advocate-General of a State,

397/398 – Difficulties with Issue of Amendment of Company Petition– Companies Act, 1956?

July 25, 2010 612 Views 0 comment Print

The procedure prescribed in Company Law Board regulations is not too technical like the provisions of Civil Procedure Code, and the procedure is based on the logic and reason. I did personally feel that even the Company Law Board normally do not rely on technicalities and I personally feel that substance is to be looked into over technicalities by the Company Law Board in a petition under section 397/398 of the Companies Act, 1956.

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