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Lender Bank's Registration of Its Mortgage With the CERSAI has Priority Over the Property as Compared to the DCST under the SARFAESI Act
Bombay High Court held that the lender bank's registration of Its mortgage with the CERSAI has priority over the property as compared to...
May 23, 20242 min read
Eighteen States Including Two Union Territories Lack Debts Recovery Tribunals (DRTs): Centre Informs Supreme Court
In a session presided over by Justices Abhay S. Oka and Justice Ujjal Bhuyan, the Supreme Court bench was informed by the Centre during...
May 22, 20242 min read
NCLAT Determines the Loan Recall Notice Date Might Not Be Considered the Relevant Date of Default under the Insolvency and Bankruptcy Code
NCLAT has determined that the Loan Recall Notice Date might not be considered the relevant Date of Default under the Insolvency and...
May 20, 20243 min read
Acknowledgement of the Debt by the Guarantor Extends the Limitation Period
NCLAT Principal Bench held that the acknowledgement of the debt by the guarantor extends the limitation period. The National Company Law...
May 15, 20242 min read
Can time-barred debts be recovered through remedies other than civil suits as per special laws: SC Refers to a 3-judge bench for a comprehensive examination
Supreme Court referred the matter to the Chief Justice of India to convene an appropriate three-judge bench for a comprehensive...
May 15, 20243 min read
Supreme Court Dismisses MSME Plea Against Section 43B(h) of the Income Tax Act: 45-Day Credit Extension Rule
Supreme Court Dismisses MSME Plea Against Section 43B(h) of the Income Tax Act: 45-Day Credit Extension Rule. The Supreme Court recently...
May 13, 20241 min read
Complaints under Section 138 of the NI Act against a company and its directors cannot proceed after the initiation of winding-up proceedings or during the moratorium
Delhi High Court held that the complaints under Section 138 of the NI Act against a company and its directors cannot proceed after the...
May 12, 20242 min read
Need for a transparent mechanism to prevent misuse of penal measures outlined in the Master Circular against wilful defaulters
Delhi High Court observed the need for a transparent mechanism to prevent misuse of penal measures outlined in the Master Circular...
May 9, 20243 min read
The CoC's Commercial Wisdom: Navigating the Corporate Insolvency Resolution Voyage in the right direction
Delhi High Court observed that the commercial wisdom of the CoC navigates the Corporate Insolvency Resolution Process in the right...
May 5, 20242 min read
High Courts should exercise caution in entertaining petitions under Article 226 of the Constitution when alternative statutory remedies are available, especially in Financial Matters
Supreme Court recently held that high courts should exercise caution in entertaining petitions under Article 226 of the Constitution when...
May 4, 20243 min read
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