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TOP STORIES

Tenant's Rights Upheld: Supreme Court Nullifies Auction Sale, Rejects Bank's Claim for Possession

Supreme Court nullified the auction sale, rejected the bank's claim for possession and upheld the te...

Apr 25, 2024

Defaulter Cannot Resort To Criminal Proceedings Against Creditor or Auction Purchaser Against Auction Held Under SARFAESI Act; Exclusively DRT's Domain

Allahabad High Court held that the defaulter cannot resort to criminal proceedings against creditors...

Apr 24, 2024

Secured Creditor Cannot Proceed Under The SARFAESI Act When A Civil Suit For Recovery Is Dismissed On Merit

The Kerala High Court held that the Secured Creditor cannot proceed under the SARFAESI Act when a ci...

Apr 23, 2024

Home buyers and allottees of real estate projects are categorized as financial creditors regardless of whether they have invoked remedies under RERA

NCLAT held that home buyers and allottees of real estate projects are categorized as financial credi...

Apr 22, 2024

Auction Purchaser cannot claim the interest on the sale consideration for the delay in issuing the Sale Certificate

The NCLAT held that the Auction Purchaser cannot claim the interest on the sale consideration for th...

Apr 22, 2024

Protection Of Moratorium Does Not Extend To Directors/Officers Of The Corporate Debtor And Allows For The Enforcement Of Orders Against Them

Supreme Court has held that the protection of the moratorium under Section 14 of the Insolvency and ...

Apr 20, 2024

Examining The Impact of New Payment Rule for MSMEs Under Introduction of Section 43B(h) of the Income Tax Act

A new regulation has been introduced for Indian companies regarding the settlement of pending invoic...

Apr 20, 2024

LATEST CASE LAWS

When an auction sale of a property is invalidated, banks cannot automatically demand physical possession of the property from the tenant who successfu...

Apr 18, 2024

Section 9 application filed by the Operational Creditor was barred by Section 10A of the Insolvency and Bankruptcy Code, 2016, as the default period f...

Apr 18, 2024

Despite the Appellant's demand for interest on the sale consideration amount, the Appellate Tribunal concluded that the Liquidator cannot be held liab...

Apr 15, 2024

The Appellate Tribunal dismissed the Condone Delay Application, noting that the petitioner failed to apply for a certified copy and filed the appeal b...

Apr 15, 2024

Disputes arising from banking transactions, specifically those governed by the SARFAESI Act, fall within the exclusive jurisdiction of specialized tri...

Apr 15, 2024

When a civil suit is dismissed, indicating the absence of a legally recoverable debt, a secured creditor cannot proceed independently under the Securi...

Apr 11, 2024

The NCLAT upheld the Adjudicating Authority's decision, affirming Greater Noida Industrial Development Authority's status as a Secured Creditor. This ...

Apr 9, 2024

The dismissal of the Section 9 Application is due to the pre-existing dispute between the parties, as evidenced by the Corporate Debtor's objections r...

Apr 9, 2024

Holders of recovery certificates, which are similar to decrees, are considered Financial Creditors under the Insolvency and Bankruptcy Code. Additiona...

Apr 9, 2024

ARTICLES

Navigating Valuation Challenges in Corporate Insolvency Resolution: A Case Analysis of M/s. Jeypore Sugar Company Limited

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The Legal Dynamics of Dishonour of Cheques in India: A Detailed Overview

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Upholding Financial Rights: A Legal Analysis of Limited Guardianship under the Rights of Persons with Disabilities Act, 2016

Mrs. Rachna Gupta, Advocate

Supreme Court's Interpretation on the Forfeiture of Earnest Money in Auction Sale under the SARFAESI Proceedings

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Ensuring Transparency in Insolvency Proceedings: A Call for Equitable Information Access

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The forefront of legal research and knowledge dissemination – REEDLAW is India's premier publisher specializing in Insolvency, Bankruptcy, Debt Recovery, SARFAESI, Companies Act, Arbitration & Disputes Resolution, MSMEs, Banking, and Commercial Laws. Since our inception in 1985, with the pioneering introduction of the Banking Commercial Law Reporter (Popularly known as Bank CLR), REEDLAW has been the first of its kind in the nation. We have relentlessly pursued excellence in providing comprehensive legal resources.

 

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