IBC Section 7, consciously uses the expression “default” – not the date of notifying the loan account of the corporate person as NPA.
IBC Section 7, - Default - NPA - Ordinarily, upon declaration of the loan account/ debt as NPA that date ...
Tag: NPA
IBC S. 9 – Settlement entered into between parties- Does not fall within the ambit of an operational debt. [2023 PLRonline 9004 (NCLT)]
PLR PLRonline . 2023 PLRonline 9004 (NCLT) . NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI Before: Shri Mahendra Khandelwal, Member ...
[SC] CrPC S. 167(2) – Whether accused is entitled to seek default bail under provisions of section 167(2) of Code of Criminal Procedure, 1973 on ground that a chargesheet filed without sanction is an incomplete chargesheet which could be termed as not in consonance with sub section (5) of section 173 of the CrPC, 1973?
2023 SCeJ 356 2023 PLRonline 0116 (SC) . SUPREME COURT OF INDIA Before:- Dr. Dhananjaya Y. Chandrachud, CJI and Justice ...
Sarfaesi – No proceeding U/s 13(4) – Writ maintainable – Overcharging of interest by Bank – Sarfaesi set aside – NPA could not be continued if account was regularised. [2022 PLRonline 0594]
2022 PLRonline 0594, Guru Nanak Engineering Works v. Reserve Bank of India . . EDITORS NOTE: see Supreme Court Order ...
NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]
2014 PLRonline 0208 (SC) SUPREME COURT OF INDIA ( Before : Ranjana Prakash Desai J; N.V. Ramana J ) H. ...
Land Acquisition Act of 1894 – Claimant is entitled to payment of interest on solatium from the date of entitlement as provided under the provisions of the Act and payment of interest cannot be restricted from the date of Sunder case decided. Obiter in Gurpreet Singh’s case, which incidentally made some observation with regard to the payment of interest on solatium, is not the binding precedent. [2015 PLRonline 0205 (SC)]
2015 PLRonline 0205 (SC), Periyar And Pareekanni Rubbers Ltd. v. State Of Kerala SUPREME COURT OF INDIA V. Gopala Gowda ...
“Importance of Corroboration in Criminal Trials: Extra-Judicial Confession as a Weak Piece of Evidence”
Admissibility of extra-judicial confessions in criminal trials in India. Read on to understand the circumstances in which it can be ...
Criminal Trial – Extra-judicial confession is a weak piece of evidence – Where an extra-judicial confession is surrounded by suspicious circumstances, its credibility becomes doubtful and it loses its importance. 2012 PLRonline 0008
2012 PLRonline 0108 SUPREME COURT OF INDIA A.K. Patnaik , Swatanter Kumar, JJ. Sahadevan v. State Of Tamil Nadu Criminal ...
Criminal Trial – Conviction – Circumstantial evidence – Circumstances from which the conclusion of guilt is to be drawn should be fully established – 1984 PLRonline 0002
1984 PLRonline 0002 SUPREME COURT OF INDIA BENCH: FAZALALI, SYED MURTAZA VARADARAJAN, A. (J) MUKHARJI, SABYASACHI (J) Sharad Birdhichand Sarda ...
Mathew Varghese v. M. Amritha Kumar
Mathew Varghese v. M. Amritha Kumar And Others, Supreme Court Of India Civil Appeals Nos. 1927-29 of 2014 10.02.2014 Krishnan ...
Look Out circular – Banking – From quantum of loss caused to a banker, it cannot be presumed that there was a fraud committed by the borrower/guarantor, moreso when no criminal case alleging fraud has even been filed. PLRonline 414654
Poonam Paul v. Union of India, 2022 PLRonline 0498 ; ((2023-1)209 PLR 403 (SN)) Look Out circular - Banking - ...
CPC O. 6 R. 17 – Court must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide and dishonest amendments
CPC O. 6 R. 17 - While deciding the application for amendment ordinarily the court must not refuse bona fide, ...
NPA – Action of the secured creditor in classifying the loan account as NPA can not be challenged at the stage of S. 13(2)
NPA – Writ - Classification of a defaulter's loan account as NPA precedes issuance of demand notice under Section 13(2) ...
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
SARFAESI Act Section 13(2) - The right of the borrower to have a due consideration of objections is, therefore, an important ...
NPA – Incorrect to presume that once an NPA is always an NPA – Prudential Norms and Master Circular issued by RBI
NPA - Incorrect to presume that once an NPA is always an NPA - Prudential Norms and Master Circular issued ...
