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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
Mar 12, 2024
Supreme Court's Interpretation on the Forfeiture of Earnest Money in Auction Sale under the SARFAESI Proceedings
The Supreme Court recently addressed appeals concerning the forfeiture of earnest money deposit by a Nationalized Bank in a property auction. The case involved the bank conducting an e-auction of a property and declaring the respondent as the successful bidder. However, the respondent failed to pay the balance amount within the stipulated time, leading to the cancellation of the sale and forfeiture of the earnest money.
REEDLAW
LATEST CASE LAWS
Supreme Court
High Court
NCLAT
The Supreme Court allowed the application for intervention/impleadment and heard the senior counsel for the appellant. After consideration, the Court declined to interfere in the matter and dismissed the appeal. Consequently, all pending applications were disposed of....
Bhanu Pratap Singh v. Rakesh Jindal (Liquidator)
May 28, 2024
REEDLAW 2024 SC 05597
In a petition filed under Article 226 of the Constitution of India, the petitioner sought to quash the IBBI Disciplinary Committee's order dated May 16, 2024, which suspended the petitioner's registration as an Insolvency Professional for one year, effective June 15, 2024. The petitioner also sought to restrain the respondent from taking coercive action and alternatively requested that the suspension period be considered already served due to an earlier suspension of the petitioner's AFA since May 3, 2023.
The petitioner's counsel argued that the Disciplinary Committee's decisi...
Anil Goel v. Insolvency and Bankruptcy Board of India and Another
June 12, 2024
REEDLAW 2024 Del 06511
In a case concerning Shirt Company (India) Pvt. Ltd., which entered Corporate Insolvency Resolution Process in February 2020 and subsequently faced liquidation, the National Company Law Tribunal (NCLT) Mumbai Bench, Court - IV, issued an order on June 30, 2023, which was appealed by Mr. Anuj Bajpai, the appointed Liquidator. The appeal contested the NCLT's decision regarding claims totalling Rs. 1,24,86,750 under the EPF Act and their treatment within the Insolvency and Bankruptcy Code, 2016 (IBC).
The issues primarily revolved around whether claims for provident fund and pensi...
Anuj Bajpai v. Employee Provident Fund Organisation, Regional Office Coimbatore and Others
July 10, 2024
REEDLAW 2024 NCLAT Del 07541
DRAT
In the present case, the appellant filed an appeal under Section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) against the judgment dated 27.08.2018 by the DRT, Dehradun. The DRT had partly allowed the securitization application filed by the appellant. The case involved financial assistance granted by the appellant-Bank to respondents 1 to 3, who stood as guarantors, leading to non-performing assets. The appellant initiated proceedings under the SARFAESI Act, including issuing demand notices and poss...
Syndicate Bank and Others v. R.N. Kamboj and Others