SUPREME COURT OBSERVES: BURDEN LIES ON THE BORROWER TO PROVE THAT THE SECURED PROPERTIES ARE AGRICULTURAL LANDS
The Supreme Court, comprising Justice M.R. Shah and Justice M.M. Sundaresh in a recent judgment1 held that the burden to prove that the secured properties are agricultural lands and are being used as agricultural lands
SARFAESI Act Prevails Over MSMED Act: Supreme Court
The Supreme Court’s Division Bench comprising of Justice M.R. Shah and Justice Krishna Murari in Kotak Mahindra Bank Limited vs Girnar Corrugators Pvt. Ltd1, vide judgment dated 05.01.2023, held that Micro, Small and Medium Enterprises
ADJUDICATING AUTHORITY HAS NO JURISDICTION TO MODIFY A RESOLUTION PLAN: NCLAT
National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, comprising of Justice Rakesh Kumar Member and Dr. Ashok Kumar Mishra in Mathuraprasad C Pandey & Ors. v Partiv Parikh & Anr.1, vide Judgement dated
HC: Section 47 of CPC Cannot Be Applicable While Executing Arbitral Awards States Tripura High Court
The Hon’ble High Court of Tripura in its recent judgment1 passed on December 2022 held that Section 47 of the Code of Civil Procedure, 1908 (“CPC”) is not applicable to the execution of an arbitration
IBC: AN ASSIGNEE IS a financial creditor under ibc and can continue CONTINUING PROCEEDINGS initiated under SECTION 7 by the assignor – nclat
The Hon’ble Division Bench, National Company Law Appellate Tribunal, (NCLAT) comprising of Justice Ashok Bhushan (Chiarperson) and Baru Mitra, Member (Technical) in Siti Networks Ltd. vs Assets Care & Reconstruction Enterprise Ltd. & Anr (Comp.
Mandatory for Bank to inform all auction participants about encumbrances on Property to be auctioned
In a judgment passed on 30/11/2022 by the Hon’ble High Court of Jammu and Kashmir in Writ Petition (C) No. 456/2021 – S K Bakshi v/s. Punjab National Bank and Ors., it was held that
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