Search Results for "Banking, Finance & Insolvency News | Supremetoday AI"

Kerala HC: Bank Cannot Retain Title Deed For Unrelated Loan Lacking Specific Mortgage, Despite Alleged Conduct/Representation by Guarantor

Kerala HC: Bank Cannot Retain Title Deed For Unrelated Loan Lacking Specific Mortgage, Despite Alleged Conduct/Representation by Guarantor

#MortgageLaw #BankingLaw #ReturnOfSecurity

Kerala High Court: Bank Cannot Retain Title Deed for Unrelated Debt Once Secured Loan is Cleared Kochi:The High Court of Kerala, in a significant ruling, has held that a bank cannot retain a title deed furnished as security for a specific loan once that loan is fully repaid, even if the guara...

India - True Case Law 28 Nov 2024
The court ruled that the petitioners, despite claiming MSME status, cannot invoke writ jurisdiction due to their prior conduct of participating in bank recovery proceedings without objection.

The court ruled that the petitioners, despite claiming MSME status, cannot invoke writ jurisdiction due to their prior conduct of participating in bank recovery proceedings without objection.

#BankingLaw #MSME #LegalJudgment #KeralaHighCourt

Court Dismisses MSME Petitioners' Writ Appeal Against Bank Recovery ActionsBackgroundIn a significant ruling, the High Court dismissed the writ appeal filed by the partners of M/s. Power Plus Power Unit, a Micro Service Enterprise (MSME), against the actions of a respondent bank under the Sec...

Court Decision 22 Nov 2024
The court ruled that the initiation of a Section 10 application under the Insolvency and Bankruptcy Code cannot be deemed malicious or fraudulent solely based on prior recovery proceedings initiated by a creditor.

The court ruled that the initiation of a Section 10 application under the Insolvency and Bankruptcy Code cannot be deemed malicious or fraudulent solely based on prior recovery proceedings initiated by a creditor.

#InsolvencyLaw #CorporateBankruptcy #LegalJudgment #NationalCompanyLawAppellateTribunal

Court Overturns Rejection of Corporate Insolvency ApplicationCategory: Insolvency LawSub-Category: Corporate Insolvency Resolution ProcessSubject: Section 10 Application and Malicious IntentBackgroundIn a significant ruling, the National Company Law Appellate Tribunal (NCLAT) addressed the ap...

Court Decision 22 Nov 2024
The court ruled that the auction sale of secured assets was invalid due to violations of the Security Interest (Enforcement) Rules 2002, including failure to obtain separate valuations for movable and immovable properties and selling below the reserve price.

The court ruled that the auction sale of secured assets was invalid due to violations of the Security Interest (Enforcement) Rules 2002, including failure to obtain separate valuations for movable and immovable properties and selling below the reserve price.

#BankingLaw #Securitization #LegalJudgment #KeralaHighCourt

Court Invalidates Auction Sale of Secured Assets in Landmark RulingCategory: Banking LawSub-Category: Securitization and Asset RecoverySubject: Invalid Auction Sale of Secured AssetsBackgroundIn a significant ruling, the court addressed the case involving a private limited company, Vasundhara...

Court Decision 20 Nov 2024
The court ruled that Section 35A of the Banking Regulation Act does not empower a banking institution to unilaterally request the transfer of an investigation to the CBI, emphasizing the need for adherence to the DSPE Act for such transfers.

The court ruled that Section 35A of the Banking Regulation Act does not empower a banking institution to unilaterally request the transfer of an investigation to the CBI, emphasizing the need for adherence to the DSPE Act for such transfers.

#BankingLaw #CBIInvestigation #LegalJudgment #KarnatakaHighCourt

Court Denies Union Bank's Request for CBI Investigation TransferBackgroundIn a significant ruling, the High Court addressed a petition filed by the Union Bank of India seeking a writ of mandamus to transfer the investigation of Crime No. 118 of 2024, involving serious allegations of fraud, to...

Court Decision 16 Nov 2024
Monies deposited in court by a corporate debtor prior to the commencement of Corporate Insolvency Resolution Process (CIRP) remain assets of the corporate debtor, despite being in the possession of the court.

Monies deposited in court by a corporate debtor prior to the commencement of Corporate Insolvency Resolution Process (CIRP) remain assets of the corporate debtor, despite being in the possession of the court.

#InsolvencyLaw #CorporateDebtor #CIRP #BombayHighCourt

High Court Ruling: Corporate Debtor Can Withdraw Court Deposits During InsolvencyBackgroundIn a significant ruling by the Bombay High Court, the case involvedSiti NetworksLtd.(formerly Siticable Network Ltd.) as the appellant andRajiv Suri, proprietor of M/s.Ambika Chitra, as the respondent. ...

Court Decision 14 Nov 2024
The National Company Law Tribunal (NCLT) has jurisdiction to determine whether a property is an asset of the corporate debtor during the Corporate Insolvency Resolution Process (CIRP), and development rights constitute property under the Insolvency and Bankruptcy Code (IBC).

The National Company Law Tribunal (NCLT) has jurisdiction to determine whether a property is an asset of the corporate debtor during the Corporate Insolvency Resolution Process (CIRP), and development rights constitute property under the Insolvency and Bankruptcy Code (IBC).

#InsolvencyLaw #NCLT #CorporateLaw #NationalCompanyLawAppellateTribunal

NCLT Upholds Jurisdiction Over Asset Ownership in Corporate Insolvency CaseBackgroundIn a significant ruling, the National Company Law Tribunal (NCLT) addressed two appeals concerning the ownership of land during the Corporate Insolvency Resolution Process (CIRP) of a corporate debtor, M/s. A...

Court Decision 14 Nov 2024
Money Deposited in Court Pre-CIRP Remains Corporate Debtor's Asset, Can Be Withdrawn Under Sec 14 IBC: Bombay High Court

Money Deposited in Court Pre-CIRP Remains Corporate Debtor's Asset, Can Be Withdrawn Under Sec 14 IBC: Bombay High Court

#IBC #CorporateInsolvency #Section14Moratorium

Court Deposits Pre-CIRP Remain Corporate Debtor's Assets, Bombay HC Clarifies Mumbai:The Bombay High Court, in a significant ruling, has held that money deposited in court by a corporate debtor as security before the commencement of the Corporate Insolvency Resolution Process (CIRP) remains a...

India - True Case Law 13 Nov 2024
The court ruled that the existence of a pre-existing dispute regarding operational debt must be acknowledged before admitting a corporate insolvency resolution process under Section 9 of the IBC.

The court ruled that the existence of a pre-existing dispute regarding operational debt must be acknowledged before admitting a corporate insolvency resolution process under Section 9 of the IBC.

#InsolvencyLaw #CorporateDebtor #IBC #NationalCompanyLawAppellateTribunal

Court Overturns Insolvency Admission for Print Land Digital Pvt. Ltd.BackgroundIn a significant ruling, the National Company Law Appellate Tribunal (NCLAT) has set aside the admission of M/s Print Land Digital Pvt. Ltd. into the Corporate Insolvency Resolution Process (CIRP) following an appe...

Court Decision 09 Nov 2024
The court ruled that the Security Deposit made by Corob India Pvt. Ltd. should be classified as an operational debt, allowing the appellant to be recognized as an operational creditor under the Insolvency and Bankruptcy Code.

The court ruled that the Security Deposit made by Corob India Pvt. Ltd. should be classified as an operational debt, allowing the appellant to be recognized as an operational creditor under the Insolvency and Bankruptcy Code.

#InsolvencyLaw #OperationalDebt #LegalJudgment #NationalCompanyLawAppellateTribunal

Court Rules Security Deposit as Operational Debt inCorob IndiaPvt. Ltd. CaseCategory: Insolvency LawSub-Category: Operational DebtSubject: Classification of Security Deposit as Operational DebtBackgroundIn a significant ruling, the National Company Law Tribunal (NCLT) addressed the appeal fil...

Court Decision 09 Nov 2024
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