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LATEST NEWS

Tenant's Rights Upheld: Supreme Court Nullifies Auction Sale, Rejects Bank's Claim for Possession

Apr 25, 2024

Defaulter Cannot Resort To Criminal Proceedings Against Creditor or Auction Purchaser Against Auction Held Under SARFAESI Act; Exclusively DRT's Domain

Apr 24, 2024

Secured Creditor Cannot Proceed Under The SARFAESI Act When A Civil Suit For Recovery Is Dismissed On Merit

Apr 23, 2024

Home buyers and allottees of real estate projects are categorized as financial creditors regardless of whether they have invoked remedies under RERA

Apr 22, 2024

Auction Purchaser cannot claim the interest on the sale consideration for the delay in issuing the Sale Certificate

Apr 22, 2024

Protection Of Moratorium Does Not Extend To Directors/Officers Of The Corporate Debtor And Allows For The Enforcement Of Orders Against Them

Apr 20, 2024

Examining The Impact of New Payment Rule for MSMEs Under Introduction of Section 43B(h) of the Income Tax Act

Apr 20, 2024

High Court Quashes Demand Notice And Assessment Order In The Absence Of Any Claim Not Forming Part Of The Resolution Plan

Apr 19, 2024

Supreme Court Upholds Acquittal: Burden of Proof Shifts to Accused Only After The Petitioner Establishes Prima Facie Evidence Of The Debt

Apr 19, 2024

MOST VIEWED

Dec 9, 2022

Sole Proprietor can be prosecuted under section 138 NI Act, without arraying the proprietorship firm

The Punjab & Haryana High Court held that non-arraying of the proprietorship firm/concern is not an impediment in proceeding against the...

Feb 3, 2021

Privatisation of public sector banks starts, PNB and BOB first ones to be sold

Finance Minister Nirmala Sitharaman announced on Monday that the government will divest its stake in two PSBs, apart from one general...

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ARTICLES

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Apr 2, 2024

Navigating Valuation Challenges in Corporate Insolvency Resolution: A Case Analysis of M/s. Jeypore Sugar Company Limited

REEDLAW

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Mar 19, 2024

Upholding Financial Rights: A Legal Analysis of Limited Guardianship under the Rights of Persons with Disabilities Act, 2016

The case of Mrs. Mohan V. before the Kerala High Court sheds light on the complex legal issues surrounding the financial protection of individuals with disabilities.

Mrs. Rachna Gupta, Advocate

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Mar 23, 2024

The Legal Dynamics of Dishonour of Cheques in India: A Detailed Overview

The surge in trade and commerce in India has led to a corresponding increase in the use of cheques, resulting in a rise in cheque bouncing disputes.

REEDLAW

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Mar 12, 2024

Supreme Court's Interpretation on the Forfeiture of Earnest Money in Auction Sale under the SARFAESI Proceedings

The Supreme Court recently addressed appeals concerning the forfeiture of earnest money deposit by a Nationalized Bank in a property auction. The case involved the bank conducting an e-auction of a property and declaring the respondent as the successful bidder. However, the respondent failed to pay the balance amount within the stipulated time, leading to the cancellation of the sale and forfeiture of the earnest money.

REEDLAW

LATEST CASE LAWS

Supreme Court

High Court

NCLAT

In a landmark judgment, the Supreme Court granted leave to appeal, scrutinizing the validity of a ruling by the Allahabad High Court. The High Court's decision, dated 02.07.2018, which dismissed the Writ Petition of the appellants, affirming the rulings of the Debt Recovery Tribunal and the Debt Recovery Appellate Tribunal, came under challenge.

The case revolved around the firm-respondent no.3, which had obtained a loan from respondent no.1-Bank. Upon defaulting, the Bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of S...

Govind Kumar Sharma and Another v. Bank of Baroda and Others

April 18, 2024

REEDLAW 2024 SC 04204

The High Court, in a revision application, considered the plea to quash the proceedings in GR No. 803 of 2019, along with the investigative proceedings of Bidhannagar North P.S. Case no. 155/19. The petitioners, officers of IDFC First Bank Limited, were accused under various sections of the Indian Penal Code by the de facto complainant, who operated a Pharmaceutical Distributorship under the name "Puja Enterprise."

The allegations against the petitioners included mental and physical abuse towards the complainant and his wife during a visit to their office. The complainant ass...

Ms. Tanisha Chanda and Others v. The State of West Bengal and Another

April 19, 2024

REEDLAW 2024 Cal 04005

The NCLAT judgment upheld the decision of the National Company Law Tribunal (NCLT), Mumbai Bench-IV, which rejected a Section 7 Application filed by a Financial Creditor. The Appellant, dissatisfied with the rejection of their application, brought the matter to the NCLAT.

The case stemmed from a default by the Corporate Debtor, Cable Corporation of India Limited, in servicing financial debt extended by the Appellant. The default led to the classification of the Corporate Debtor's account as a Non-Performing Asset (NPA) on 04.09.2019. Subsequently, the Appellant filed a Section ...

State Bank of India v. Cable Corporation of India Limited

April 23, 2024

REED 2024 NCLAT Del 04589

DRAT

In the present case, the appellant filed an appeal under Section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) against the judgment dated 27.08.2018 by the DRT, Dehradun. The DRT had partly allowed the securitization application filed by the appellant. The case involved financial assistance granted by the appellant-Bank to respondents 1 to 3, who stood as guarantors, leading to non-performing assets. The appellant initiated proceedings under the SARFAESI Act, including issuing demand notices and poss...

Syndicate Bank and Others v. R.N. Kamboj and Others

March 7, 2024

REED 2024 DRAT Ald 03204

LATEST CIRCULARS & NOTIFICATIONS

Insolvency and Bankruptcy Board of India

Circular No. IBBI/LIQ/70/2024

February 12, 2024

Circular

Insolvency and Bankruptcy Board of India

Circular No. IBBI/II/66/2024

February 12, 2024

Circular

INSOLVENCY AND BANKRUPTCY BOARD OF INDIA

Notification No. IBBI/2023-24/GN/REG112

February 12, 2024

Notification

Ministry of Law and Justice (Legislative Department)

Act No. 32 of 2023

September 15, 2023

Gazette of the Act

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