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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
LATEST CASE LAWS
Supreme Court
High Court
NCLAT
In a set of civil appeals arising from a 2016 judgment of the Gujarat High Court, the Supreme Court of India adjudicated a crucial issue concerning the refund of customs duty collected through the encashment of bank guarantees. The dispute originated when Ruchi Soya Industries Ltd. (now Patanjali Foods Ltd.) imported crude soyabean oil in 2002, and the customs department levied a higher rate of duty based on a tariff notification which, as alleged, was not made publicly available at the time of import. While the High Court initially permitted clearance of goods against bank guar...
Patanjali Foods Limited (Formerly known as Ruchi Soya Industries Limited) v. Union of India and Others
May 19, 2025
REEDLAW 2025 SC 05004
The High Court considered a writ petition filed under Article 226 of the Constitution of India, in which the petitioner challenged the forfeiture of ₹17.49 lakhs—representing 25% of the bid amount deposited in an e-auction held on 29.12.2023—by the respondent Bank under Rule 9(5) of the Security Interest (Enforcement) Rules, 2002. The petitioner admitted that he failed to deposit the remaining 75% of the consideration within the stipulated time but argued that the forfeiture was unjust, especially since the Bank later withdrew the SARFAESI action and reinitiated fresh proceeding...
Anil Kumar Jaiswal v. Union Bank of India and Another
May 6, 2025
REEDLAW 2025 All 05201
The National Company Law Appellate Tribunal (NCLAT), New Delhi Bench (Court-II), dismissed an appeal filed by a suspended director of M/s Agson Global Private Limited challenging the order dated 30.01.2024 passed by the Adjudicating Authority admitting a Section 7 application under the Insolvency and Bankruptcy Code, 2016. The application had been filed by Indian Bank, a member of a joint consortium of lenders, to initiate Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor for a default amount of ₹51.07 crore as on 10.08.2023. The Indian Bank held a 2.47...
Apresh Garg v. Indian Bank (erstwhile Allahabad Bank) and Others
May 15, 2025
REEDLAW 2025 NCLAT Del 05548
DRAT
The Debts Recovery Appellate Tribunal (DRAT) considered an appeal filed by Vijaya Bank against the judgment and order dated July 3, 2018, passed by the Debts Recovery Tribunal-I (DRT-I), Hyderabad, in S.A. No. 13 of 2007. The case stemmed from a dispute over actions taken by the bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), following the classification of a loan account as a Non-Performing Asset (NPA). The Respondents, including Waheeda Sultana as the Applicant in the S.A., challenged the measu...
Bank of Baroda, Asset Recovery Management Branch v. Waheeda Sultana and Others
