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Mar 19, 2024
Upholding Financial Rights: A Legal Analysis of Limited Guardianship under the Rights of Persons with Disabilities Act, 2016
The case of Mrs. Mohan V. before the Kerala High Court sheds light on the complex legal issues surrounding the financial protection of individuals with disabilities.
Mrs. Rachna Gupta, Advocate
LATEST CASE LAWS
Supreme Court
High Court
NCLAT
The Supreme Court considered an appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016, arising from proceedings related to the Corporate Debtor. The Corporate Debtor’s insolvency petition under Section 9 of the IBC was admitted on February 14, 2020, by the adjudicating authority, which also appointed a Resolution Professional. During the pendency of the Corporate Insolvency Resolution Process (CIRP), the Resolution Professional instructed an employee of the Corporate Debtor to apply for MSME registration under the Micro, Small and Medium Enterprises Development Act...
Central Bank of India v. Ramesh Shah in Consortium with Masitia Capital Services Private Limited and Others
January 6, 2025
REEDLAW 2025 SC 01542
The High Court's judgment in this case addressed disputes regarding the precedence of charges on property between secured creditors (banks) and the State/Central Government for unpaid sales tax dues. The court examined whether the secured creditors' rights under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) would override the Crown’s debt claims. Hearing several consolidated petitions, the court considered facts from the lead case, Special Civil Application No. 12848 of 2023, as representative.
The petiti...
Madhaviben Jitendrabhai Rupareliya v. State of Gujarat
January 4, 2025
REEDLAW 2024 Guj 01209
The Appeal filed by the Suspended Director of the Corporate Debtor challenged the order dated 02.08.2024 passed by the National Company Law Tribunal, Mumbai Bench-VI, admitting the Section 7 Application filed by the Financial Creditor. The Respondent sanctioned a Working Capital Facility of Rs.5 crores on 15.10.2020, and a Master Facility Agreement was executed on 24.10.2020. A loan recall notice was issued on 02.06.2022, claiming an amount of Rs.4,61,51,597/-. Subsequently, the Section 7 Application was filed on 20.06.2022, seeking recovery of Rs.3.80 crores along with interest...
Amit Yogesh Satwara, Suspended Director of Suumaya Industries Limited v. Incred Financial Services Limited
January 15, 2025
REEDLAW 2025 NCLAT Del 01545
DRAT
The Debts Recovery Appellate Tribunal (DRAT) considered an appeal filed by Vijaya Bank against the judgment and order dated July 3, 2018, passed by the Debts Recovery Tribunal-I (DRT-I), Hyderabad, in S.A. No. 13 of 2007. The case stemmed from a dispute over actions taken by the bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), following the classification of a loan account as a Non-Performing Asset (NPA). The Respondents, including Waheeda Sultana as the Applicant in the S.A., challenged the measu...
Bank of Baroda, Asset Recovery Management Branch v. Waheeda Sultana and Others
