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Property auctioned under the SARFAESI Act cannot be included in the moratorium assets under Section 14 of the IB Code
Property auctioned under the SARFAESI Act cannot be included in the moratorium assets under Section 14 of the Insolvency and Bankruptcy...
May 17, 20242 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
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
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
Tenant's Rights Upheld: Supreme Court Nullifies Auction Sale, Rejects Bank's Claim for Possession
Supreme Court nullified the auction sale, rejected the bank's claim for possession and upheld the tenant's rights. The Supreme Court...
Apr 25, 20242 min read
Defaulter Cannot Resort To Criminal Proceedings Against Creditor or Auction Purchaser Against Auction Held Under SARFAESI Act; Exclusively DRT's Domain
Allahabad High Court held that the defaulter cannot resort to criminal proceedings against creditors or auction purchasers against an...
Apr 24, 20242 min read
Secured Creditor Cannot Proceed Under The SARFAESI Act When A Civil Suit For Recovery Is Dismissed On Merit
The Kerala High Court held that the Secured Creditor cannot proceed under the SARFAESI Act when a civil suit for recovery is dismissed on...
Apr 23, 20242 min read
Examining The Impact of New Payment Rule for MSMEs Under Introduction of Section 43B(h) of the Income Tax Act
A new regulation has been introduced for Indian companies regarding the settlement of pending invoices with MSMEs Introduction In recent...
Apr 20, 20243 min read
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