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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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Supreme Court
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NCLAT
Leave had been granted in the present matter where the appellant, Abhishek Singh, challenged the judgment and order dated 12th November 2024 passed by the High Court of Judicature at Patna in Criminal Misc. No. 67884 of 2023. By that order, the High Court had allowed the respondents' application under Section 482 of the Cr.P.C. and quashed the FIR dated 7th September 2023 registered as Mithanpura P.S. Case No. 393 of 2023 under Sections 420, 406 and 34 of the IPC.
The appellant, a businessman, had availed of a gold loan by pledging 254 grams of 22 carat gold, amounting to ₹7,70...
Abhishek Singh v. Ajay Kumar and Others
June 5, 2025
REEDLAW 2025 SC 06001
In this writ petition, the Bombay High Court considered the challenge raised by the Maharashtra Industrial Development Corporation (MIDC) against the judgment dated 18/01/2011 passed by the Debts Recovery Appellate Tribunal (DRAT), Mumbai in Miscellaneous Appeal No. 25 of 2009. The dispute pertained to the mortgage and subsequent auction of a leasehold industrial plot originally allotted by MIDC to M/s. Benelon Industries (BI), which was later mortgaged to Union Bank of India (UBI) without obtaining prior consent of the MIDC, as required under Clause 2(t) of the lease deed. Afte...
Maharashtra Industrial Development Corporation v. Union Bank of India and Others
May 26, 2025
REEDLAW 2025 Bom 05205
The National Company Law Appellate Tribunal (NCLAT), Chennai Bench, comprising Justice Sharad Kumar Sharma (Judicial Member) and Mr. Jatindranath Swain (Technical Member), considered a Company Appeal challenging the impugned order dated 11.08.2023 passed by the National Company Law Tribunal (NCLT), Chennai Bench. The impugned order had dismissed two interlocutory applications filed under Section 60(5) and Section 33(3) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the NCLT Rules, 2016, with a cost of ₹1,00,000. The NCLT had made adverse observations regarding ...
Sriharan Sripathmanathan, represented by his Power of Attorney Mr. E. Sivanandam and Another v. Malabar Hotels Private Limited and Others
June 10, 2025
REEDLAW 2025 NCLAT Chn 06510
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