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MSME Council does not have the power to adjudicate the challenges to the maintainability of a reference at the conciliation stage
The Single-judge bench of the Orissa High Court held that the MSME Facilitation Council does not have the power to adjudicate the...
Mar 23, 20242 min read


Third-Party Cannot Be Held Liable Under A Contract Unless They Are A Direct Party To It
The NCLAT Held that the third party cannot be held liable under a contract unless they are a direct party to it. The National Company Law...
Mar 23, 20243 min read


Bank is Entitled to Proceed under the SARFAESI Act for the Recovery of Loan, as the Liability of the Guarantor is Joint and Several with the Principal Debtor
The Supreme Court held that the bank is entitled to proceed under the SARFAESI Act for recovery of the loan, as the liability of the...
Mar 22, 20242 min read


Granting Interim Compensation in Cheque Dishonour Cases is a directory, not mandatory
The Supreme Court observed that granting Interim Compensation in Cheque Dishonour Cases is a directory, not mandatory. The Supreme Court...
Mar 20, 20242 min read


Government Considering Amendments to SARFAESI and DRT Laws, Proposing Legal Validity for E-Notices
The Finance Ministry conducted thorough discussions with senior bank officials and Debts Recovery Tribunals (DRTs) to improve the...
Mar 20, 20242 min read


An arbitration clause in the contract prevents arbitration until alternative remedies are made by the government
Delhi High Court observed that an arbitration clause in the contract prevents arbitration until alternative remedies are made by the...
Mar 19, 20242 min read


A director cannot be held liable for the dishonour of a cheque unless precise allegations demonstrate his direct involvement in the company's affairs
Supreme Court held that A director cannot be held liable for the dishonour of a cheque unless precise allegations demonstrate his direct...
Mar 18, 20242 min read


The Auction Purchaser Cannot Prevent the Bank from Entering into a One Time Settlement as the Sale was not Confirmed
The Bench of Justice N. Nagesh of Kerala High Court observed that the right of redemption for borrowers ends upon the publication of the...
Mar 15, 20242 min read


Failure to duly register security interest, as mandated, renders the claimant ineligible for secured creditor status
The Company Law Appellate Tribunal (NCLAT), Chennai Bench comprising Justices M. Venugopal & Sharad Kumar Sharma (Judicial Members) and...
Mar 14, 20243 min read


Principles of Natural Justice, Including the Right to a Fair Hearing, is Essential in Adjudicatory Proceedings
The National Company Law Appellate Tribunal (NCLAT), Principal Bench comprising Justices Ashok Bhushan (Chairperson) & Yogesh Khanna...
Mar 13, 20242 min read
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