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    NPA – Incorrect to presume that once an NPA is always an NPA  – Prudential Norms and Master Circular issued by RBI

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  • [SC] HMA S. 13(1)(i-a) – Subsequent conduct during the pendency of judicial proceedings  – Continuing acts of the respondent would amount to cruelty even if the same had not arisen as a cause prior to the institution of the petition

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  • CPC O. 7 R. 11(a) – Limitation – When a suit Ex facie indicates that it is barred by the law of limitation courts are bound to terminate the suit so as to avoid wastage the judicial time and to avoid inconvenience and hardship to  the parties.

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  • Hindu Law – Joint Family Property – Alienation of – Where an alienation is not made with the consent of all the coparceners, it is voidable at the instance of the coparceners whose consent has not been obtained

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  • CPC O. 9 R. 13 – Setting aside exparte decree – Observations made by the High Court that defendant cannot be permitted to file their written statement can be said to be beyond the scope and ambit of the CMP filed before the High Court

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Service matter  –  100% reservation , not permissible.
Limitation Act, 1963

Limitation Act, S. 14 – The substantive provisions of Sub-sections (1), (2) and (3) of Section 14 do not say that Section 14 can only be invoked on termination of the earlier proceedings, prosecuted in good faith – Section 14 excludes the time spent in proceeding in a wrong forum, which is unable to entertain the proceedings for want of jurisdiction, or other such cause.

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June 24, 2022
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Limitation Act, 1963 (36 of 1963), Section 14 – Does not say that Section 14 can only be invoked on...

Limitation Act S. 5 –  Merely because sufficient cause has been shown, a party is not entitled to the condonation of delay in question as a matter of right if sufficient cause is not proven – Commercial Courts Act  2015

IBC S. 238A – Limitation – We see no reason why Section 14 or 18 of the Limitation Act, 1963 should not apply to proceeding under Section 7 or Section 9 of the IBC – Section 238A of the IBC makes the Limitation Act applicable to proceedings in NCLT/NCLAT ‘as far as may be’ and/or in other words, to the extent they may be applied

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Rent – Fair rent – Provisional tent – Refund  – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

Words- Words – ‘Shall’ – ‘as far as may be’ – The use of words ‘as far as may be’, occurring in Section 238A of the IBC tones down the rigour of the words ‘shall’ in the aforesaid Section which is normally considered as mandatory – IBC S. 238A.

June 24, 2022
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Limitation Act, 1963 (36 of 1963), Section 5 – Delay –  Condonation  – Delay can be condoned irrespective of whether there is any formal application, if there are sufficient materials on record disclosing sufficient cause for the delay –  Section 5 of the Limitation Act, 1963 does not speak of any application.

June 24, 2022
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Service matter – Wilful misconduct and negligence simplicitor are not inter changeable terms

SARFAESI S. 13(2) – Right of the borrower to have a due consideration of objections where the bank is bound to apply its mind and inform the borrower of its reasons as to why and how the account is classified as NPA

June 23, 2022
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2022 PLRonline 0192

June 23, 2022
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Affidavit – False affidavit –  Fraud  – Allotment of plot  – The filing of a false affidavit disentitles the plaintiff for any equitable relief

CPC S. 11 – Res judicata – Suit property same – Reliefs prayed different – Does not bar.

June 23, 2022
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IBC S. 14, NIA S. 141 –  Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

CrPC S. 438 – Anticipatory bail – – Bail application adjourned for a long without  granting any interim protection – Interim protection granted

June 23, 2022
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2022 SCeJ 0614 , 2022 PLRonline 2506

June 23, 2022
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Constitution of India, Article 226 – No such principle of law that a High Court, in exercise of its jurisdiction under Art.226 of the Constitution of India cannot decide disputed questions of fact.

CPC O. 7 R. 11(a) – Limitation – When a suit Ex facie indicates that it is barred by the law of limitation courts are bound to terminate the suit so as to avoid wastage the judicial time and to avoid inconvenience and hardship to  the parties.

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“Best-evidence rule”

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2009 PLRonline 0012

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Company can also be held guilty and sentence can be imposed. No immunity to the Companies from prosecution, merely because the prosecution is in respect of an offence, for which the punishment prescribed is imprisonment and fine or fine, or both. However the same shall be limited to a fine only.

CPC O. 1 R. 8 - is applicable when there are numerous persons having the same interest - Court is requested to direct the plaintiff to implead all the co-owners as party-defendants and thereafter, proceed with the matter

Home Banking

ECLGS  – Emergency Credit Line Guarantee Scheme –  Denial of benefit under  – Disbursal of the amount under the scheme was withheld raising a plea that all outstandings had to be paid as a condition precedent for such disbursal – Set aside

by PLRonline
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 M.S. Ramachandra Rao, H.S. Madaan, JJ /  Er.Sandeep Suri, for the petitioners. Mr.Shekhar Verma, for the respondents. /

ECLGS  – Emergency Credit Line Guarantee Scheme –  Denial of benefit under  – Disbursal of the amount under the scheme was withheld raising a plea that all outstandings had to be paid as a condition precedent for such disbursal – A reading of the Operational Guidelines nowhere indicates that all outstanding dues must be cleared before disbursal of the amount under the ECLGS –  Scheme appears to be part of several measures introduced by the RBI to give relief to businesses which have been affected on account of Covid-19 Pandemic and since the Scheme envisages in clause 18 thereof liberal sanctioning subject to fulfillment of norms, benefits under the Scheme cannot be denied on the basis of grounds which are not covered under the Scheme – Scheme appears to be thus intended only for borrowers having outstanding dues and not for borrowers without dues – If the entire outstanding loans are required to be cleared before disbursal then such a business enterprise would not require the emergency credit line guarantee at all – Directed to pay the amount –  Action of the HDFC in denying benefit under the ECLGS to the petitioner is declared as arbitrary, illegal and violative of Art.14 and Art. 19 (1)(g) of the Constitution of India .      

(2022-2)206 PLR 790 

Tags: COI Art. 14COI Art. 19ECLGSEmergency Credit Line Guarantee Scheme
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IBC S. 14, NIA S. 141 –  Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

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Whether the employees of the board/societies, who are autonomous bodies can claim parity in the pay-scale and/or other benefits which may be available to the Government employees – No.

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COI Art. 227  – Revision – Scope of interference is limited.

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