Search Results for "Debt"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wi...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
Supreme Court Quashes Charge Against Accused in Abetment of Suicide Case Due to ...

Search Results for "Debt"

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Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute, Declaring 1985 Document as Will, Not Gift. The Court Held That the Disposition Took Effect on Death, Not in Praesenti, Under Transfer of Property Act, 1882, and That the High Court Erred in Setting Aside Concurrent Findings Without a Substantial Question of Law Under Section 100 CPC.

24 Mar 2025

The appeal arose from a property dispute between siblings over a document executed by their father in 1985. The respondent, the daughter, filed a suit...

Tribunals

National Company Law Appellate Tribunal Allows Appeals by Appellant Creditor in IBC Case -- Sets Aside Orders Directing Appellant to Approach GIDC Appellate Authority and Remitting Resolution Plan -- Termination of Lease During Moratorium Held Invalid Under Section 14 of IBC

21 Mar 2025

The National Company Law Appellate Tribunal (NCLAT) allowed two appeals filed by the Resolution Professional (RP) and the largest financial creditor o...

Supreme Court

Insolvency and Bankruptcy Code, 2016 – Income Tax Demands Post Approval of Resolution Plan – Statutory Dues Not Forming Part of the Resolution Plan Stand Extinguished. Once a Resolution Plan is duly approved under Section 31(1) of the Insolvency and Bankruptcy Code, 2016, all claims not forming part of the plan shall stand extinguished, including statutory dues owed to the Government. No fresh demands can be enforced thereafter.

20 Mar 2025

Statutory dues not forming part of the approved Resolution Plan stand extinguished, and no fresh claims can be raised post-approval. A successful Reso...

Supreme Court

Supreme Court Reiterated Doctrine of Merger in Execution Proceedings – Decree of Trial Court Merges with Appellate Court’s Decision. Executing Court Cannot Modify or Extend the Decree Passed by the Appellate Court – Delay in Execution Not a Ground for Challenge – Section 53A of Transfer of Property Act, 1882, Not Applicable When Buyer Had Knowledge of Pending Litigation

19 Mar 2025

Doctrine of Merger Applies to Execution Proceedings – Para 24 Section 53A Not Applicable When Agreement Executed During Pending Litigation – Para ...

High Court

Arbitration Proceedings – Interim Relief – Failure to Issue Shares – Protection of Investment. High Court Granted Interim Relief Protecting Investment of Foreign Investor After Company Failed to Allot Shares Despite Utilizing Funds for Debt Clearance

18 Mar 2025

Misappropriation of investment funds occurs not just by siphoning money but also by enjoying benefits of an investor’s funds without fulfilling corr...

Supreme Court

Negotiable Instruments Act, 1881 – Section 138 – Insolvency and Bankruptcy Code, 2016 – Section 14, Section 17 – Criminal Procedure Code, 1973 – Section 482 – Moratorium under IBC bars proceedings against a corporate debtor but not against a natural person – Cause of action under Section 138 of NI Act arises after the issuance of demand notice – High Court erred in relying on P. Mohan Raj – Appellant’s petition under Section 482 CrPC ought to have been allowed – Complaint and summoning order quashed.

17 Mar 2025

The Supreme Court distinguished the case from P. Mohan Raj, holding that the cause of action under Section 138 NI Act arose after the moratorium was i...

High Court

High Court of Bombay Dismisses Writ Petitions Challenging Cooperative Court’s Order on Guarantor Liability and Limitation. Court Upholds Cooperative Court’s Decision on Guarantor Liability Under Maharashtra Cooperative Societies Act, 1960 – Limitation Period Under Section 92(1) Applicable

12 Mar 2025

Jurisdiction of Cooperative Court: Under Section 91(1)(d) of the MCSA, a dispute against sureties and nominal members of a cooperative society is main...

Supreme Court

Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

6 Mar 2025

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

Supreme Court

Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

6 Mar 2025

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

Supreme Court

Dishonour of Cheques — Security Deposit — Refund Conditional Upon Vacant Possession — Conviction Under Section 138 of the Negotiable Instruments Act, 1881 Set Aside

4 Mar 2025

The refund of security deposit was contingent on the respondent handing over vacant possession of the flat. The appellant was entitled to deduct unpa...

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