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debts

sale of joint family property by Karta
Cases ReportedNever Reported Judgments

Never Reported Judgment | Sale of joint family property by Karta to pay off debts of business, not being a joint family business, cannot bind other members [(1953) 1 SCC 245]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on sale of joint family property by Karta.

Published on April 14, 2024April 14, 2024By Simranjeet
1 Comment14422 views
fraud
Case BriefsSupreme Court

Banks must hear borrowers before classifying their accounts as fraud as it may lead to its ‘civil death’: Supreme Court

The Supreme Court observed that principles of natural justice should be necessarily read into the provisions of the Master Directions on Frauds, to save it from the vice of arbitrariness.

Published on March 29, 2023April 3, 2023By Prachi Bhardwaj
2 Comments5449 views
Case BriefsSupreme Court

IBC’s Section 53 does not over-ride Section 48 of GVAT Act; Adjudicating Authority may reject Resolution Plan if it ignores statutory dues payable to State/Legal authority: SC

Supreme Court: The bench of Indira Banerjee* and AS Bopanna, JJ has reversed the NCLAT order wherein it was held that the

Published on September 12, 2022By Prachi Bhardwaj
Leave a comment2412 views
Bombay High Court
Case BriefsHigh Courts

Secured Creditor or Revenue Department- Who has priority over liquidation of their respective dues? Bombay HC frames and answers Seven substantial questions

    Bombay High Court: The issue before the Court in the instant matter was that between a secured creditor (defined in

Published on September 8, 2022By Editor_4
Leave a comment4515 views
Financial Creditor
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT| Ongoing or fresh debt related legal proceedings against personal guarantor should remain stayed during interim moratorium period

National Company Law Tribunal, Kolkata Bench I: The Bench of Rajasekhar V.K., judicial member and Balraj Joshi, technical member has held that

Published on June 27, 2022August 5, 2022By Editor_4
Leave a comment4257 views
Experts CornerKhaitan & Co

Evolving Jurisprudence in Connection with SARFAESI vis-à-vis Pending Statutory Dues

by Rahul Chakraborti†, Prashamsha Tulachan†† and Saumya Agarwal†††
Cite as: 2022 SCC OnLine Blog Exp 27

Published on March 28, 2022May 13, 2022By Bhumika Indulia
1 Comment14785 views
Case BriefsHigh Courts

Madras HC | Is writ petition maintainable against Asset Reconstruction Co. which is assigned debts by nationalised banks? Is there element of public duty and obligation to follow RBI Circulars? HC decides

Madras High Court: V. Parthiban, J., expressed that plea of public interest in a private loan transaction is only a mask to

Published on July 14, 2021July 30, 2021By Bhumika Indulia
Leave a comment4528 views
Case BriefsSupreme Court

COVID-19 Second Wave | Financial relief a policy matter; Similar order already passed: SC refuse to entertain plea seeking loan moratorium extension

Supreme Court: The bench of Ashok Bhushan and MR Shah, JJ has refused to pass any direction in the petition seeking effective

Published on June 11, 2021June 18, 2021By Prachi Bhardwaj
Leave a comment2426 views
Case BriefsSupreme Court

Loan Moratorium Case| Supreme Court says no to total waiver of interest and extension of moratorium period but directs full waiver of compound interest

There was no justification shown by the Government to restrict the relief of not charging interest on interest with respect to the loans up to Rs. 2 crores only and that too restricted to only 8 categories.

Published on March 23, 2021October 3, 2023By Prachi Bhardwaj
Leave a comment9804 views
Case BriefsSupreme Court

COVID-19| Seeking waiver of interest on interest for loan during the moratorium period? SC asks Govt to implement decision to forego compound interest on these 8 categories

Supreme Court: In a breather to customers in the case relating to waiver of interest on loan during the moratorium period, the

Published on November 28, 2020March 23, 2021By Prachi Bhardwaj
Leave a comment4811 views
Case BriefsTribunals/Commissions/Regulatory Bodies

PMLA | Properties acquired before commission of offence cannot be attached as IBC takes precedence over PMLA

Appellate Tribunal for SAFEMA, FEMA, PMLA, NDPS and PBPT Act: Justice Manmohan Singh (Chairman) allowed an appeal filed by a consortium of

Published on November 27, 2019December 12, 2019By Bhumika Indulia
Leave a comment5196 views
Case BriefsSupreme Court

Union Government to file affidavit on steps undertaken to improve infrastructure in Debt Recovery Tribunals

Supreme Court: Taking note of the fact that at present, thirty four Debt Recovery Tribunals and five Appellate Tribunals are functioning in

Published on January 3, 2017February 27, 2017By Prachi Bhardwaj
Leave a comment3501 views

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