IBC – Objectives
1. Swiss Ribbons Pvt. Ltd. & Anr. V. Union of India & Ors. [WP (Civil) Nos.99, 100, 115, 459, 598,...
IBC S. 3(8) – Who is a Corporate Debtor
The CD cannot use the provisions of section 3, as a blanket cover to claim exclusion from proceedings under the...
IBC S. 2(e) – Applies only for limited purpose contained in sub-sections (2) and (3) of section 60
State Bank of India v. V. Ramakrishnan & Anr. SC...
IBC S. 3(11), S. 3(12) – Debt & Default
Debt & Default 1. Brand Realty Services Ltd. V. Sir John Bakeries India Pvt. Ltd. NCLT order...
Rent – Mesne profits – Concept of mesne profit has been devised in order to enable the landlord to recover the market rent during the pendency of appeal and revisions – Hence, the mesne profit cannot be assessed only on the basis of fair rent fixed by the Rent Controller.
Haryana Urban (Control of Rent and Eviction Act 1973 S. 4, 5 – Mesne profits – Once the tenant has...
Rent – The Appellate Authority is the last Court to appreciate the facts and the evidence – In such circumstances, the Appellate Court should not have taken a myopic view of the matter to refuse additional evidence.
Haryana Urban (Control of Rent and Eviction) Act 1973 S. 13 - Eviction - Respondent has pleaded that he has...
Will – No evidence has been produced to prove the signatures of the executant – Finding of the both courts the Will have been proved is erroneous
Evidence Act, 1872 (1 of 1872) Section 68, 69 – Will – Casts an obligation on the propounder to...
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Bank loan – Employee was posted in the field – Fraud – Cannot take benefit of the fact that the sanctioning authority has been let off the hook – Service matter.
Bank loan - Employee was posted in the field - It was his primary duty to be careful while recommending...
Bank loan – Bank Employees Working as a Field Officer – False reports – Service matter
Bank loan - Bank Employees Working as a Field Officer - It has come on the record that while recommending...
PLRonline 498573
(2022-3)207 PLR 387
Sarfaesi S. 34 – Suit for injunction – Barred.
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) Section 34 – Petitioner...
Sarfaesi S. 31(b) – Pledge – Provisions of the said Act are not applicable if the credit facility has been availed on pledging of movables
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) Section 31(b) – Pledge ...
Sarfaesi S. 31(b) – Pledge of movables – Section 31(b) of the 2002 Act cannot be said to be wholly applicable
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) Section 31(b) – Not...
PLRonline 401573
(2022-3)207 PLR 390, PLRonline 401573