CRIMINAL PROSECUTION OF VALUERS: AN EXCLUSIVE INTERVIEW WITH DEFENCE COUNSEL скачать в хорошем качестве

CRIMINAL PROSECUTION OF VALUERS: AN EXCLUSIVE INTERVIEW WITH DEFENCE COUNSEL

Criminal Prosecution of Valuers – Judicial Trends An Expert Legal Explainer for the Valuation Profession In recent years, property valuers empanelled with banks and financial institutions have increasingly found themselves named as accused in criminal cases arising out of loan defaults and forged collateral securities. However, a consistent judicial trend has emerged—courts have drawn a clear distinction between professional valuation duties and criminal liability for fraud committed by borrowers or others. This column analyses the evolving jurisprudence and its implications for the valuation fraternity. ________________________________________ 1. The Core Legal Issue: Can a Valuer Be Prosecuted for Forged Title Deeds? In multiple cases, banks alleged that loans were sanctioned on the basis of forged sale deeds submitted by borrowers as collateral security. When such loans turned Non-Performing Assets (NPAs), FIRs were lodged under serious provisions such as Sections 406, 409, 420, 467, 468, 471 and 120B of the IPC—often naming valuers along with borrowers and bank officials. Core Cases Under Analysis 1. Ram Balak Prasad vs State of Bihar (Cr. Misc. 43160/2016) 2. Vijay Kumar Singh vs State of Bihar (Cr. Misc. 27162/2011) 3. Navin Chandra Jha vs State of Bihar (Cr. Misc. 4127/2015 & 11619/2019) All three cases involved prosecution of valuers under serious IPC provisions including Sections 406, 409, 420, 467, 468, 471, and 120B. ________________________________________ In multiple bank loan fraud cases involving forged collateral securities, valuers were named as accused under serious IPC provisions such as: • Section 406 – Criminal Breach of Trust • Section 409 – Criminal Breach of Trust by Public Servant • Section 420 – Cheating • Sections 467/468/471 – Forgery-related offences • Section 120B – Criminal Conspiracy However, High Courts have increasingly intervened to prevent misuse of criminal law against independent professionals. ________________________________________ Disclaimer: The content presented in this video is intended for informational and educational purposes only. It provides general guidance on the IBBI Valuation Examination and related topics, as provided by the Council of Engineers and Valuers (CEV) and CEV IAF RVO. This video does not constitute professional advice or an endorsement of any specific approach or methodology for the examination or valuation practices. While every effort has been made to ensure the accuracy and reliability of the information contained in this video, the Council of Engineers and Valuers & CEV IAF RVO do not guarantee its completeness or suitability for any particular purpose. Viewers are encouraged to consult official resources, including the IBBI's official guidelines, and seek professional advice before making decisions based on the content shared in this video. The views and opinions expressed in this video are solely those of the speakers and do not necessarily reflect the views or positions of the Council of Engineers and Valuers & CEV IAF RVO or any affiliated organizations. The Council of Engineers and Valuers & CEV IAF RVO take no responsibility for any actions, losses, or damages incurred by individuals or organizations using this video content in relation to the IBBI Valuation Examination or any other professional activities. By viewing this video, you acknowledge and accept this disclaimer. #RealEstateValuation #IBBIMCQs #IBBI #ValuationExamination #RVO #LandandBuildingValuation #PlantAndMachinery #IBBISyllabus #ValuationStandards #CEV #BankEmpanelment #ValuationCaseStudy #IndianValuer #IncomeTaxValuer #HowTo