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Bombay High Court: MSME Director Lacks Locus to Challenge Recovery; SARFAESI and IBC Actions Stand Despite Revival Framework Claims
The Bombay High Court held that the director of an MSME lacks the legal locus to challenge recovery actions and upheld the proceedings...
4 days ago3 min read
Interest Subsidy from RBI Not Taxable under Interest Tax Act: High Court Rules in Favour of Assessee
The Bombay High Court ruled in favour of the Assessee, holding that the interest subsidy received from the Reserve Bank of India under...
7 days ago3 min read
Bank Liable for Encashment of Forged Cheques: High Court Sets Aside Trial Court’s Dismissal, Upholds Customer’s Claim for Negligent Payment
The Kerala High Court held the Bank liable for encashment of cheques bearing forged signatures and set aside the trial court’s dismissal...
Jun 203 min read
Mere Professional Engagement by Party’s Law Firm Does Not Disqualify Arbitrator Under Schedule VII: High Court
The High Court held that mere professional engagement of the arbitrator by the party’s law firm does not amount to disqualification under...
Jun 153 min read
Supreme Court Restores NI Act Proceedings, Holds Unsubstantiated Retirement No Shield from Partner Liability
The Supreme Court restored proceedings under the Negotiable Instruments Act, holding that an unsubstantiated claim of retirement does not...
Jun 143 min read
Loan Settled, Yet Gold Revalued and Auctioned — Supreme Court Restores FIR Alleging Fraud by Bank Officials
The Supreme Court held that once the loan was settled, the subsequent revaluation and auction of the pledged gold raised serious doubts,...
Jun 113 min read
Supreme Court Upholds Mandatory Pre-Deposit for MSMED Act Appeals Despite Writ Invocation
The Supreme Court upheld the mandatory pre-deposit requirement under the MSMED Act for appeals, even when the party invoked the writ...
Jun 43 min read
Moratorium Under IBC Bars Section 138 NI Act Proceedings Against Corporate Debtor but Not Against Directors
The moratorium under the Insolvency and Bankruptcy Code bars proceedings under Section 138 of the Negotiable Instruments Act against the...
Jun 33 min read
Arbitration in Loan Disputes: Limited Jurisdiction of Courts and Fraud Allegations Do Not Bar Reference Unless Arbitration Clause Is Vitiated
The High Court held that arbitration in loan disputes is not barred by fraud allegations or the limited jurisdiction of courts unless the...
Jun 23 min read
Essence of Contract, Forfeiture of Earnest Money, and Specific Pleadings in Enforcement of Sale Agreements: Supreme Court Ruling
The Supreme Court, in a recent ruling, examined the essence of contract, the forfeiture of earnest money, and the necessity of specific...
May 273 min read
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