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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 adjudicated an appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC), challenging the judgment of the National Company Law Appellate Tribunal (NCLAT) dated 25th November 2021. The Corporate Insolvency Resolution Process (CIRP) had been initiated against M/s. Tehri Iron and Steel Casting Ltd., and the appellants, being the Joint Resolution Applicants, had submitted a Resolution Plan on 21st January 2019. The National Company Law Tribunal (NCLT) had approved the plan on 21st May 2019. The Resolution Plan had acknowledged liability of Rs.16,85,...
Vaibhav Goel and Another v. Deputy Commissioner of Income Tax and Another
March 20, 2025
REEDLAW 2025 SC 03561
The first petitioner, a banking company registered under the Companies Act, 1913, along with the second petitioner, an authorized officer under the SARFAESI Act, approached the High Court challenging the order of the Debts Recovery Tribunal-I, Ernakulam, in S.A.No.286/2024. The Tribunal had set aside the order of the Chief Judicial Magistrate, Manjeri, in M.C.No.929/2023 on the grounds that it lacked proper application of mind and was issued in a printed format. The Tribunal, however, rejected the contention that the properties in question were agricultural lands.
The petitione...
The South Indian Bank Limited v. Jahfer M., Proprietor of City Aluminium
March 18, 2025
REEDLAW 2025 Ker 03205
The appeal was filed by a suspended director of the corporate debtor challenging the order dated 23.09.2024 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi, Principal Bench), which admitted a Section 7 application filed by the State Bank of India (SBI) against the corporate debtor, Bareilly Highways Project Ltd. The corporate debtor was constituted as a Special Purpose Vehicle (SPV) for executing a National Highway Project. SBI sanctioned financial facilities through a sanction letter dated 15.11.2010, and lenders extended a loan aggregating to ₹1,...
Nakul Bharana v. National Asset Reconstruction Company Limited and Another
March 24, 2025
REEDLAW 2025 NCLAT Del 03567
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