#( MISCELLANEOUS ) : M+TP .
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gam3bo1-movedagain · 2 years ago
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( some of ) my muses + shit i see online ( 11 / ? ) <3
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blackseye-moved · 2 years ago
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(some of) MY MUSES + TEXT POSTS ( 6 / ? ) <3
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a-dinosaur-a-day · 5 years ago
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Nasutoceratops titusi
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By Scott Reid
Etymology: Large-Nosed Horned-Face
First Described By: Sampson et al., 2013
Classification: Dinosauromorpha, Dinosauriformes, Dracohors, Dinosauria, Ornithischia, Genasauria, Neornithischia, Cerapoda, Marginocephalia, Ceratopsia, Neoceratopsia, Coronosauria, Ceratopsoidea, Ceratopsidae, Centrosaurinae, Nasutoceratopsini
Status: Extinct
Time and Place: Between 76 and 75.6 million years ago, in the Campanian age of the Late Cretaceous
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Nasutoceratops is known from the middle member of the Kaiparowits Formation in Utah
Physical Description: Nasutoceratops is a Ceratopsian - so, as with all Ceratopsians, it has an extremely distinctive head! Like other Ceratopsians, it would have been around 5 meters long or so, and had a very bulky body with a short, skinny tail. The legs of this dinosaur - as in others of its kind - were short, bulky, and had very padded and thick toes that made running easy for this animal. The really distinctive aspects of this dinosaur, however, were in its head - again, as in other Ceratopsians, which might as well all be Mr. Potato Heads with the different combinations of horns and frills as the exchangeable parts of the classic toy. Nasutaceratops sported a short frill, a short and high snout, and distinctively long horns. The horns on its brow were more horizontal than most, but they curved inward like those found on modern cattle! The nostril did not feature a horn, but was very high and ridged instead. Interestingly enough, there were extensive cavities in this rounded nose that may have been pneumatic, giving Nasutoceratops a very unique trait compared to other Ceratopsians. It had a very thickly overlapping upper jaw, which would have made it somewhat less flexible than other Ceratopsians. The frill had small round osteoderms all around the edge, and there isn’t a notch on the frill like in other Ceratopsians. As in its relatives, Nasutoceratops would have probably been primarily scaly, though it may have had feather-quills on the edge of its tail or elsewhere on its body. The frill would have probably been brightly colored, for display.
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By José Carlos Cortés
Diet: Nasutoceratops would have primarily been an herbivore, feeding on low-lying and medium-level leaves and other plant material, all less than one meter tall.
Behavior: Nasutoceratops, like other Ceratopsians, would have been a very social creatures! These dinosaurs would have spent a lot of time together roaming their home in large herds, and used their frills and fancy horns to display to one another for communication and mating displays. This points back to their fairly complicated social groupings, where the young would have been protected by the adults from oncoming danger. The horns would have also been useful in telling apart Nasutaceratops from other dinosaurs that lived with it, such as the Chasmosaurine Ceratopsian Kosmoceratops. Like other dinosaurs, it would have been warm-blooded, and thus needed to spend a good chunk of the day finding food. It also may have fought with its horns, though that’s somewhat more controversial, especially given their odd shape - though a combination of the bumpy nose and horns . These horns may have had sheaths of fingernail material (keratin) over them, making them longer, but probably not more available for fighting. The colors of the frill may have been able to change, giving even more communication ability. These structures - the frills and horns - wouldn’t have been prominent in baby Nasutoceratops, but grew with the animal as it aged into sexual maturity. Nasutoceratops would have taken care of its young, which would eventually join the herd with the adults.
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By Kathy Neenan, CC BY-SA 4.0 
Ecosystem: Nasutoceratops lived in the Kaiparowits Formation, which would have been a very muddy jungle ecosystem, with a wide variety of animals living very near the Western Interior Seaway. A variety of swamps, ponds, and lakes frequented the entire area, which was surrounded on its other side by highlands and mountains, enclosing it against the sea. It was a very wet and humid environment, allowing for high animal diversity. Among those that lived with Nasutoceratops include other Ceratopsians like Kosmoceratops and Utahceratops, hadrosaurs like Gryposaurus and Parasaurolophus, the ankylosaur Akainacephalus, the Troodontid Talos, the Ornithomimid Ornithomimus, the Oviraptor Hagryphus, and the opposite bird Mirarce! That being said, the main predator of Nasutoceratops would definitely have been the local Tyrannosaur, Teratophoneus. There were also a variety of mammals, turtles, and Neosuchians in the environment, which all took advantage of the wet swampy conditions.
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By Ripley Cook
Other: Nasutoceratops was a Centrosaurine, those Ceratopsians more closely related to the likes of Styracosaurus than to Triceratops. Interestingly enough, these Ceratopsians tend to do more weird stuff with their noses - usually giant horns, but Nasutoceratops seems to have gone for a more lightweight option. In fact, Nasutoceratops gave its name to a whole group of these animals, which retained the brow horns of the ancestral ceratopsians (where other Centrosaurines lost them).
~ By Meig Dickson
Sources Under the Cut
Atterholt, J.; J. Howard Hutchison; Jingmai K. O’Connor (2018). "The most complete enantiornithine from North America and a phylogenetic analysis of the Avisauridae". PeerJ. 6: e5910.
Chiba, K., M. J. Ryan, F. Fanti, M. A. Loewen. D. C. Evans. 2018. New material and systematic re-evaluation of Medusaceratops lokii (Dinosauria, Ceratopsidae) from the Judith River Formation (Campanian, Montana). Journal of Paleontology 92 (2): 272-288.
Eaton, Jeffrey G.; Cifelli, Richard L.; Hutchinson, J. Howard; Kirkland, James I.; Parrish, J. Michael (1999). "Cretaceous vertebrate faunas from the Kaiparowits Plateau, south-central Utah". In Gillete, David D. (ed.). Vertebrate Paleontology in Utah. Miscellaneous Publication 99-1. Salt Lake City: Utah Geological Survey. pp. 345–353.
Eaton, J.G., 2002. Multituberculate mammals from the Wahweap(Campanian, Aquilan) and Kaiparowits (Campanian, Judithian)formations, within and near Grand Staircase-Escalante NationalMonument, southern Utah. Miscellaneous Publication 02-4, UtahGeological Survey, 66 pp.
Fowler, D. W. 2017. Revised geochronology, correlation, and dinosaur stratigraphic ranges of the Santonian-Maastrichtian (Late Cretaceous) formations of the Western Interior of North America. PLoS ONE 12 (11): e0188426.
Getty, M. A., M. A. Loewen, E. M. Roberts, A. L. Titus, and S. D. Sampson. 2010. Taphonomy of horned dinosaurs (Ornithischia: Ceratopsidae) from the late Campanian Kaiparowits Formation, Grand Staircase-Escalante National Monument, Utah. In M. J. Ryan, B. J. Chinnery-Allgeier, D. A. Eberth (eds.), New Perspectives on Horned Dinosaurs: The Royal Tyrrell Museum Ceratopsian Symposium. Indiana University Press, Bloomington 478-494
Hone, D.W.E.; Naish, D.; Cuthill, I.C. (2011). “Does mutual sexual selection explain the evolution of head crests in pterosaurs and dinosaurs?” (PDF). Lethaia. 45 (2): 139–156.
Lund, E. K. (2010). "Nasutuceratops titusi, a new basal centrosaurine dinosaur (Ornithischia: Ceratopsidae) from the upper cretaceous Kaiparowits Formation, Southern Utah". Department of Geology and Geophysics University of Utah: 172 pp.
Mallon, Jordan C; David C Evans; Michael J Ryan; Jason S Anderson (2013). [tp://link.springer.com/article/10.1186/1472-6785-13-14 "Feeding height stratification among the herbivorous dinosaurs from the Dinosaur Park Formation (upper Campanian) of Alberta, Canada"]. BMC Ecology. 13: 14.
Roberts EM, Deino AL, Chan MA (2005) 40Ar/39Ar age of the Kaiparowits Formation, southern Utah, and correlation of contemporaneous Campanian strata and vertebrate faunas along the margin of the Western Interior Basin. Cretaceous Res 26: 307–318.
Roberts EM, Sampson SD, Deino AL, Bowring S, Buchwaldt R. The Kaiparowits Formation: a remarkable record of Late Cretaceous terrestrial environments, ecosystems and evolution in western North America. In: Titus AL, Loewen MA, editors. At the Top of the Grand Staircase: The Late Cretaceous of Southern Utah. Bloomington, Indiana: Indiana University Press; 2013. p. 85–106.
Ryan, M.J.; Holmes, R.; Mallon, J.; Loewen, M.; Evans, D.C. (2017). "A basal ceratopsid (Centrosaurinae: Nasutoceratopsini) from the Oldman Formation (Campanian) of Alberta, Canada". Canadian Journal of Earth Sciences. 54.
Sampson, S. D., 2001, Speculations on the socioecology of Ceratopsid dinosaurs (Orinthischia: Neoceratopsia): In: Mesozoic Vertebrate Life, edited by Tanke, D. H., and Carpenter, K., Indiana University Press, pp. 263–276.
Sampson, S. D., M. A. Loewen, A. A. Farke, E. M. Roberts, C. A. Forster, J. A. Smith, and A. L. Titus. 2010. New horned dinosaurs from Utah provide evidence for intracontinental dinosaur endemism. PLoS One 5(9):e12292:1-12.
Sampson, S. D.; Lund, E. K.; Loewen, M. A.; Farke, A. A.; Clayton, K. E. (2013). "A remarkable short-snouted horned dinosaur from the Late Cretaceous (late Campanian) of southern Laramidia". Proceedings of the Royal Society B: Biological Sciences. 280 (1766): 20131186.
Tanke, D.H. and Brett-Surman, M.K. 2001. Evidence of Hatchling and Nestling-Size Hadrosaurs (Reptilia:Ornithischia) from Dinosaur Provincial Park (Dinosaur Park Formation: Campanian), Alberta, Canada. pp. 206–218. In: Mesozoic Vertebrate Life—New Research Inspired by the Paleontology of Philip J. Currie. Edited by D.H. Tanke and K. Carpenter. Indiana University Press: Bloomington. xviii + 577 pp.
Titus, Alan L. and Mark A. Loewen (editors). At the Top of the Grand Staircase: The Late Cretaceous of Southern Utah. 2013. Indiana University Press. Hardbound: 634 pp.
Weishampel, David B.; Dodson, Peter; and Osmólska, Halszka (eds.): The Dinosauria, 2nd, Berkeley: University of California Press. 861 pp.
Wiersma, J. P.; Randall B. Irmis (2018). "A new southern Laramidian ankylosaurid, Akainacephalus johnsoni gen. et sp. nov., from the upper Campanian Kaiparowits Formation of southern Utah, USA". PeerJ. 6: e5016.
Zanno, Lindsay E.; Sampson, Scott D. (2005). "A new oviraptorosaur (Theropoda; Maniraptora) from the Late Cretaceous (Campanian) of Utah". Journal of Vertebrate Paleontology. 25 (4): 897–904.
Zanno, L.E., Weirsma, J.P., Loewen, M.A., Sampson, S.D. and Getty, M.A. (2010). A preliminary report on the theropod dinosaur fauna of the late Campanian Kaiparowits Formation, Grand Staircase-Escalante National Monument, Utah.[permanent dead link]" Learning from the Land Symposium: Geology and Paleontology. Washington, DC: Bureau of Land Management.
Zanno, L. E.; David J. Varricchio; Patrick M. O'Connor; Alan L. Titus; Michael J. Knell (2011). "A new troodontid theropod, Talos sampsoni gen. et sp. nov., from the Upper Cretaceous Western Interior Basin of North America". PLoS ONE. 6 (9): e24487.
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ladystylestores · 5 years ago
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Apple Watch deal discounts Series 5 to lowest price ever on Amazon
Ars Technica
Today’s Dealmaster is headlined by a sizable discount on the Apple Watch Series 5, the most recent entry in Apple’s smartwatch lineup. Amazon currently has select 40mm models available for $300, which is $100 off Apple’s MSRP and about $85 its usual going rate online. You’ll see a notice on eligible product pages that says the full discount is visible at checkout. While we’ve seen the Series 5 hit this price before, this is tied for the largest discount we’ve seen to date.
The Apple Watch Series 5 earned the “Ars Approved” badge in our review last fall and currently sits as the top option in our guide to the best smartwatches. We like it for offering an always-on display, fall detection, NFC for Apple Pay, and several fitness tracking features like an always-on heart rate monitor and an onboard GPS, all in a comfortable and clean design with unobtrusive software. You’ll still have to charge it every other day, it’s still mainly for iPhone owners, and you still have to be in on the idea of having a mini-smartphone on your wrist. If you own an Apple Watch Series 4 or are happy with your Apple Watch Series 3, there’s less of a reason to upgrade, especially with an inevitable Series 6 likely arriving later this year. But if you’ve been interested in taking the plunge, this is a good price for a great wearable.
If you have no interest in smartwatches, though, we also have exclusive discount codes on a variety of Anker chargers, a pre-order discount on the upcoming Assassin’s Creed Valhalla, deals on various SSDs, and more. Have a look for yourself below.
The Dealmaster has launched its very own newsletter! Sign up to receive a shorter, tightly curated list of the very best tech deals on the Web—no nonsense, direct to your inbox, and often before they make it to the Ars homepage.
Note: Ars Technica may earn compensation for sales from links on this post through affiliate programs.
Top 10 deals of the day
Apple Watch Series 5 (40mm) smartwatch for $299.99 at Amazon (discount seen at checkout – normally $384).
Anker PowerPort PD 2 USB-C wall charger – 30W total, 18W USB-C PD, USB-A for $15.99 at Amazon (use code: ARSTECH25 – normally $22).
Anker PowerCore Metro Slim 10000 PD USB-C portable battery – 18W total, 18W USB-C PD, USB-A, 10,000mAh for $29.99 at Amazon (use code: ARSTECH11 – normally $48).
Pre-order: Assassin’s Creed Valhalla (PS4, XB1) for $49.94 at Amazon and Walmart (normally $60).
AMD Ryzen 7 3700X 8-core/16-thread desktop processor + Wraith Prism LED cooler for $274.49 at Amazon (normally $295).
TP-Link Kasa HS105 (3-pack) smart WiFi outlet for $29.99 at Amazon (normally $40).
Apple Smart Keyboard for iPad (7th gen), iPad Air (3rd gen), and 10.5-inch iPad Pro for $99 at Amazon and Best Buy (normally $150).
Samsung T5 (500GB) external portable SSD for $79.99 at Amazon (normally $95).
10.1-inch Amazon Echo Show (2-pack, 2nd gen) smart display for $359.98 at Amazon (use code: SHOW2PACK – normally $460).
27-inch Acer Nitro VG272 gaming monitor – 1080p, 240Hz, IPS, FreeSync for $309.99 at Amazon (normally $440).
Enlarge / Anker’s PowerCore PD 2 USB-C PD wall charger.
Anker
Ars exclusive Anker device deals
Anker PowerPort PD 2 USB-C wall charger – 30W total, 18W USB-C PD, USB-A for $15.99 at Amazon (use code: ARSTECH25 – normally $22).
Anker PowerPort Atom PD 1 USB-C wall charger – 30W USB-C PD, GaN + Anker PowerLine Select USB-C to Lightning cable for $27.59 at Amazon (use code: ARSTECH17 – normally $46).
Anker PowerCore Metro Slim 10000 PD USB-C portable battery – 18W total, 18W USB-C PD, USB-A, 10,000mAh for $29.99 at Amazon (use code: ARSTECH11 – normally $48).
Anker PowerCore III Fusion 5K USB-C portable battery + wall charger – 18W total, 18W USB-C PD, USB-A for $35.99 at Amazon (use code: ARSTECH64 – normally $43).
Anker PowerExpand+ 7-in-1 USB-C hub – 48W USB-C PD pass-through input, 2x USB-A, HDMI (4K 30Hz), Ethernet, SD, microSD for $31.99 at Amazon (use code: ARSTECH52 – normally $40).
Anker PowerLine+ II (3ft, Red) USB-C to Lightning braided nylon cable for $13.99 at Amazon (use code: ARSTECH03 – normally $22).
Anker PowerLine+ II (3ft, Black) USB-C to Lightning braided nylon cable for $13.99 at Amazon (use code: ARSTECH03 – normally $22).
Anker PowerLine+ II (3ft, Black, 2-pack) USB-C to Lightning braided nylon cable for $25.99 at Amazon (use code: ARSTECH04 – normally $36).
Anker PowerPort Strip PD 6 USB power strip – 6x AC outlet, 30W USB-C PD, 2x USB-A for $44.99 at Amazon (use code: ARSTECH91 – normally $50).
Anker PowerPort III 3-Port 65W USB wall charger – 65W total, 45W USB-C, 2x USB-A, GaN + US/UK/EU travel plugs for $34.99 at Amazon (clip $10 coupon and use code: ARSTECH33 – normally $50).
Anker PowerCore 10K Wireless Qi wireless charger + portable battery – 5W wireless, 12W wired, 2x USB-A, 10,000mAh for $25.99 at Amazon (use code: ARSTECH65 – normally $36).
Anker PowerWave Sense Pad Alloy Qi wireless charger – 11W Pixel/10W Galaxy/7.5W iPhone + AC adapter for $27.99 at Amazon (use code: ARSTECH09 – normally $36).
Enlarge / Samsung’s T5 portable SSD. Samsung recently launched a newer drive called the T7, but you can save a good chunk of change if you don’t mind slightly slower—but still solid—transfer speeds.
Valentina Palladino
Laptop and desktop PC deals
Apple MacBook Pro (2020) laptop – 1.4GHz Intel Core i5-8257U, 13.3-inch 2560×1600, 8GB RAM, 512GB SSD, Magic Keyboard, Touch Bar for $1,299.99 at Amazon (normally $1,500).
Microsoft Surface Pro 7 tablet PC – Intel Core i5-1035G4, 12.3-inch 2736×1824, 16GB RAM, 256GB SSD + Surface Pro Type Cover (Black) for $1,299 at Amazon (normally $1,600).
27-inch Acer Nitro VG272 gaming monitor – 1080p, 240Hz, IPS, FreeSync for $309.99 at Amazon (normally $440).
WD Black SN750 (1TB) M.2 NVMe internal SSD for $134.99 at Amazon (normally $150).
Samsung T7 Touch (1TB) external portable SSD for $199.99 at Amazon (normally $225).
Samsung T5 (500GB) external portable SSD for $79.99 at Amazon (normally $95).
AMD Ryzen 7 3700X 8-core/16-thread desktop processor + Wraith Prism LED cooler for $274.49 at Amazon (normally $295).
CalDigit TS3 Plus Thunderbolt 3 dock – 2x Thunderbolt 3, USB-C 3.1 Gen 1, USB-C 3.1 Gen 2, 5x USB-A 3.1, DisplayPort 1.2, SDXC, Gigabit Ethernet, digital optical audio, analog in/out, 87W charging for $229.99 at Amazon (normally $270).
Enlarge / Ori and the Will of the Wisps is included in Microsoft’s Xbox Game Pass service, but it’s on sale today for those who don’t subscribe.
Microsoft
Video game deals
Enlarge / The Razer Viper gaming mouse.
Jeff Dunn
Gaming deals
Razer Viper wired gaming mouse for $59.99 at Amazon (normally $70).
8Bitdo SN30 Pro Bluetooth game controller – Nintendo Switch, PC, Android, macOS for $34.99 at Best Buy (normally $45).
Sega Genesis Mini retro mini console for $49.99 at Amazon and GameStop (normally $60).
Enlarge / The Apple Watch Series 5.
Valentina Palladino
Electronics deals
Enlarge / Mophie’s Powerstation AC battery. It has an AC outlet built into the top of the device.
Accessories and miscellaneous deals
Apple Smart Keyboard for iPad (7th gen), iPad Air (3rd gen), and 10.5-inch iPad Pro for $99 at Amazon and Best Buy (normally $150).
Anker PowerWave 7.5 Stand Qi wireless charging stand – 10W Galaxy/7.5W iPhone + AC adapter for $32.99 at Amazon (clip 34% coupon – normally $49).
Anker PowerLine II (3ft) USB-C to USB-C 3.1 Gen 2 cable for $16.99 at Amazon (use code: AKCTCTB3 – normally $20).
Anker PowerExpand+ 5-in-1 USB-C hub – 3x USB 3.0, HDMI (4K 30Hz), Ethernet for $26.39 at Amazon (normally $33).
Nonda USB-C to USB-C 3.0 mini adapter for $7.99 at Amazon (normally $10).
AmazonBasics USB-C to USB-A 3.1 Gen 2 (5-pack, 3ft) cable for $29.94 at Amazon (normally $40).
Nekteck 5-Port 111W Charging Station USB-C desktop charger – 111W total, 87W USB-C PD, 4x USB-A for $39.99 at Amazon (normally $50).
Mophie Powerstation AC portable battery pack – 100W AC, 30W USB-C PD, USB-A, 22,000mAh for $127.59 at Amazon (normally $195).
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legalseat · 6 years ago
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Creation and Operation of Tenancy Rights over Secured Assets under SARFAESI
[Samarth Saxena is a final year student at ILS Law College, Pune]
The advent of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (“SARFAESI”) ushered in a new era of reforms for the Indian banking regime. These reforms were primarily aimed at facilitating the speedy recovery of defaulting loans and thereby controlling the rising levels of non-performing assets. Although envisaged to be a complete code on management of security interests, SARFAESI yet failed to answer some important questions such as whether tenancy rights could be created over secured assets and, if so, under what circumstances. This post seeks to address such questions.
Whether valid tenancy rights can be created by a borrower over the mortgaged property under SARFAESI?
This question has been conclusively answered in Harshad Govardhan Sondgar v. International Asset Reconstruction ((2014) 6 SCC 1). In this case, while allowing the creation of tenancy rights both prior to and post mortgage, the Supreme Court classified the kinds of leases granted by the borrower over the property mortgaged under SARFAESI as follows:
(I)        Leases entered into prior to the creation of mortgage as secured asset;
(II)       Leases entered into after the creation of mortgage in accordance with section 65-A of the Transfer of Property Act, 1882 (“TP Act”) and the terms of the mortgage, but before the receipt of notice under section 13(2) of SARFAESI.
(III)     Leases created pursuant to section 65-A of the TP Act, but after the receipt of notice under section 13(2) of SARFAESI.
As far as leases under classes (I) and (II) were concerned, the same were held to be valid, while leases under class (III) were declared as invalid, except when made with the prior consent of the secured creditor.
What is the effect of a demand notice under section 13(2) SARFAESI over the tenancy rights of a tenant granted lease under Classes (I) or (II)?
The Supreme Court in Harshad Govardhan Sondgar further opined that leases under Classes (I) or (II) do not stand automatically determined upon an action being initiated under sections 13 or 14 of SARFAESI by the secured creditor. Such lessees in possession cannot be evicted by the secured creditor until and unless the lease is validly determined in accordance with section 111 of the TP Act. But, for such lessees to continue to be in possession in cases where a period of more than one year from the commencement of lease has elapsed, proof of execution of a registered deed will have to be produced according to the mandate of section 107 of the TP Act. This was subsequently overturned in Vishal Kalsaria v. Bank of India AIR 2016 SC 530, where the Supreme Court held that if two parties execute their rights and liabilities under a landlord-tenant relationship and if regular rent is paid and accepted, then the absence of registration or a written deed will not render the lease nugatory for the purposes of proving occupation as tenants in proceedings initiated under section 14 of SARFAESI. On the other hand, if a lease is of a nature as contemplated by Class (III) or is not a valid lease or has been validly determined, the lessee shall be liable for immediate eviction and delivery of possession to the secured creditor.
Whether SARFAESI overrides applicable rent control laws?
Vishal Kalsaria also laid down that provisions of SARFAESI cannot be applied arbitrarily to defeat the provisions of the relevant Rent Control Act (in this case, Maharashtra Rent Control Act, 1999) and, therefore, tenants cannot be evicted in contravention of the Rent Control Act.
What are the remedies available to a secured creditor unable to take possession of the secured asset due to existence of tenancy rights?
It is worth clarifying that the Supreme Court in Harshad Govardhan Sondgar has ruled that even in such cases where the secured creditor is unable to take possession of the secured asset after the expiry of 60 days from the notice to the borrower, informing him of the intention of the secured creditor to enforce the secured asset, the secured creditor will have the right to receive any money due or which may become due, including rent, from the lessee to the borrower. This is made clear from clause (d) of sub-section (4) of section 13 of SARFAESI.
What are the remedies available to a lessee or holder of tenancy right?
Harshad Govardhan Sondgar also listed the lessor’s right of hearing in front of the District Magistrate (“DM”) or Chief Metropolitan Magistrate (“CMM”) and a challenge to the DM/CMM’s order by petitions under Article 226/227 of the Constitution as the only remedies available to a lessee to retain possession when proceedings under section 13 or 14 of SARFAESI are initiated against the borrower or lessor. By virtue of the addition of section 17 (4A) to SARFAESI under The Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016, these remedies now stand modified since a lessee can now approach the Debt Recover Tribunal to adjudicate upon its tenancy rights. [[i]]
Conclusion
The ratio in the various decisions cited herein clearly lay down the principle to be followed: tenancy rights of an independent bona fide third party always take precedence over other rights. That being said, the practice of creation of tenancy rights for the purposes of defeating the interests of secured creditor has been looked down upon by the courts. The courts, thus being wary of the menace that such non-performing assets and slow recoveries create, have leaned in favour of interpreting SARFAESI and rent control laws as harmoniously as possible. It is also important to note that the various decisions cited above have been reaffirmed in subsequent cases of Aravindamma and Indian Bank v. M/s Nippon Enterprises South & Ors. [[ii]] and, therefore, the judicial intent clearly appears to be to uphold these precedents.
– Samarth Saxena
[i] See also Aravindamma v. K.S. Jayalakshmammanni, 2018 SCC OnLine Kar 530.
[ii] Supreme Court Civil Appeal Nos. 5610-5611 of 2011.
The post Creation and Operation of Tenancy Rights over Secured Assets under SARFAESI appeared first on IndiaCorpLaw.
Creation and Operation of Tenancy Rights over Secured Assets under SARFAESI published first on https://divorcelawyermumbai.tumblr.com/
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gam3bo1-movedagain · 2 years ago
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( some of ) my muses + text posts ( 5 / ? ) <3
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gam3bo1-movedagain · 2 years ago
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( some of ) my muses + shit i see online ( 8 / ? ) <3
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gam3bo1-movedagain · 2 years ago
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( some of ) my muses + text posts ( 6 / ? ) <3
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gam3bo1-movedagain · 2 years ago
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( some of ) my muses + shit i see online ( 10 / ? ) <3
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gam3bo1-movedagain · 2 years ago
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( some of ) MY MUSES + TEXT POSTS ( 4 / ? ) <3
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gam3bo1-movedagain · 2 years ago
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( some of ) MY MUSES + TEXT POSTS ( 3 / ? ) <3
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gam3bo1-movedagain · 2 years ago
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( some of ) MY MUSES + TEXT POSTS ( 2 / ? ) <3
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gam3bo1-movedagain · 2 years ago
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( some of ) MY MUSES + TEXT POSTS ( 1 / ? ) <3
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gam3bo1-movedagain · 2 years ago
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( some of ) my muses + text posts ( 7 / ? ) <3
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gam3bo1-movedagain · 2 years ago
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     ᘛ⁐ᕐᐷ 🧀   𓈒ㅤ⋅    ( some of ) my muses + text posts ( 9 / ? ) <3
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blackseye-moved · 2 years ago
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MY MUSES + TEXT POSTS ( 3 / ? ) because i keep procrastinating on my drafts but also i’ve done half of them so this is more like a reward for me <3
forgot to add this one... 💔
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