Search Results for "Guarantors"

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Supreme Court Allows Appeal Against High Court's Interference in Personal Insolvency Proceedings Under IBC — High Court Exceeded Writ Jurisdiction by Precluding Statutory Mechanism Before Adjudicating Authority Could Determine Debt Existence

The Supreme Court allowed an appeal against a Karnataka High Court order that had interdicted personal insolvency proceedings under the Insolvency and...

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Supreme Court Quashes Criminal Proceedings Against Guarantors in Bank Fraud Case Due to Settlement — Wives of Main Accused with No Active Role Entitled to Relief. Settlement of Civil Dues and Lack of Specific Role Justify Quashing of Charges Under Section 482 CrPC.

The Supreme Court allowed the appeal filed by K. Bharthi Devi and another (Accused Nos. 3 and 4) against the judgment of the High Court of Judicature ...

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Bombay High Court Quashes Reassessment Proceedings Against Company Resolved Under IBC — Clean Slate Principle Applies to Past Tax Claims. Section 31 of IBC binds tax authorities, and no reassessment can be initiated for pre-resolution period.

The petitioners, Uttam Galva Metallics Ltd. (the corporate debtor) and its director, challenged reassessment proceedings initiated by the Income Tax D...

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Bombay High Court Quashes Section 143(2) Notice Issued Beyond Time Limit in Income Tax Reassessment — Notice Issued After Expiry of Statutory Period Under Section 149 of Income Tax Act, 1961 Is Invalid.

The petitioner, AMNS Khopoli Limited (formerly Uttam Galva Steels Limited), challenged a notice dated 31st May 2023 issued by the Assistant Commission...

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Bombay High Court Allows Writ Petition Challenging Attachment Notice Against Bona Fide Purchaser of Flat from Borrower. Recovery Certificate Not Binding on Purchaser Who Paid Full Consideration Before Loan Availed.

The petitioner, Swati Mangesh Sawant, filed a writ petition challenging a notice dated 12 March 2021 issued by the Special Recovery Officer and a Reco...