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Debt

NCDRC penalties debt IBC
Case BriefsSupreme Court

Penalties imposed by NCDRC are regulatory in nature & do not constitute “debt” under IBC, 2016: Supreme Court

Permitting a stay on regulatory penalties under the guise of insolvency proceedings would undermine the very purpose of the CP Act and embolden errant developers to escape liability through insolvency proceedings.

Published on March 8, 2025March 10, 2025By Sucheta
Leave a comment540 views
financial debt and operational debt
Case BriefsSupreme Court

[Financial Debt v. Operational Debt] SC clarifies when a ‘debt’ is considered as financial debt and operational debt under IBC

“While deciding that whether a debt is a financial debt or an operational debt arising out of a transaction covered by an agreement or arrangement in writing, it is necessary to ascertain what is the real nature of the transaction reflected in the writing.”

Published on May 1, 2024May 1, 2024By Deeksha
Leave a comment9520 views
cheque dishonour case
Case BriefsSupreme Court

Supreme Court upholds acquittal in 16-year-old cheque dishonour case; Says complainant failed to show if any sum was advanced towards financial assistance

“Both the appellate fora, on-going through the evidence did not find existence of any ‘enforceable debt or other liability’. This strikes at the root of the Rajco Steel’s case”

Published on April 17, 2024April 17, 2024By Apoorva
Leave a comment30188 views
actionable claim
Case BriefsSupreme Court

Can rents receivable by debtors be assigned to the lender as an actionable claim? Supreme Court answers

After applying the rule that all the contemporaneous documents are to be read together, to discern the true purport of the contract, Supreme Court said that the parties intended assignment of the debt, i.e., the rents payable.

Published on November 15, 2023November 15, 2023By Apoorva
Leave a comment4690 views
delhi high court
Case BriefsHigh Courts

Delhi High Court | Maintenance amount is a legal ‘debt’, can be recovered through a civil suit

“This is a case that clamours for the exercise of judicial conscience to address the conundrum of whether an individual’s right to recover arrears in maintenance subsists even after the expiry of the period stipulated in section 125(3) CrPC.”

Published on August 31, 2023September 6, 2023By Arunima
Leave a comment7513 views
circumscribing non obstante clauses
Experts CornerTarun Jain (Tax Practitioner)

Circumscribing Non Obstante Clauses: Tracing the New Jurisprudence

by Tarun Jain†
Cite as: 2023 SCC OnLine Blog Exp 52

Published on June 16, 2023July 12, 2023By Bhumika Indulia
1 Comment28724 views
Rajasthan High Court
Case BriefsHigh Courts

Whether proceedings be entertained for recovery of money realized by sale of assets of company against which winding up proceedings are pending? Rajasthan High Court analyses

Rajasthan High Court: In a case where the secured creditors like Unit Trust of India (‘UTI’) and a workman have preferred their

Published on August 6, 2022August 18, 2022By Editor_4
Leave a comment2801 views
NCLAT
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT Mumbai |Interest on Delayed Payments is a part of Operational Debt under S. 3(11) of IBC

National Company Appellate Tribunal, Mumbai: The Bench of Ashok Bhushan, J., Chairperson, M. Satyanarayana Murthy, Judicial Member, and Naresh Salecha, Technical member

Published on July 25, 2022July 25, 2022By Editor_4
Leave a comment3866 views
NCLAT
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT | Can the OTS proposal be an ‘acknowledgment of debt’ under S. 18 of the Limitation Act, 1963?

    National Company Law Appellate Tribunal, Delhi: The Bench of Anant Bijay Singh, J., Judicial Member, and Shreesha Merla, Technical Member,

Published on July 25, 2022July 25, 2022By Editor_4
Leave a comment4397 views
Case BriefsHigh Courts

Gujarat High Court| Amount of PPF account shall not be liable to any attachment in respect of any debt or liability

Gujarat High Court: A.S. Supehia, J. allowed a writ petition directing Bank to deposit PPF amount deducted for settlement of liability. Petitioner

Published on June 29, 2022July 7, 2022By Editor_4
Leave a comment2652 views
Case BriefsSupreme Court

Liability in respect of a claim arising out of a Recovery Certificate is a “financial debt” under  Section 5(8) of the IBC: Supreme Court

Supreme Court: The 3-judge bench of L. Nageswara Rao, BR Gavai* and AS Bopanna, JJ has held that a liability in respect

Published on June 2, 2022June 3, 2022By Prachi Bhardwaj
Leave a comment3651 views
Case BriefsDistrict Court

A blank cheque leaf voluntarily signed and handed over towards some payment: Would it attract presumption under S. 139 NI Act in absence of cogent evidence? Dwarka Courts explains

Dwarka Courts, New Delhi: Deeksha Sethi, MM (NI Act)—06, reiterated that, even a blank cheque leaf, voluntarily signed and handed over by

Published on May 18, 2022June 3, 2022By Bhumika Indulia
1 Comment13510 views
Case BriefsDistrict Court

Liability of Guarantor for Cheque Dishonour: Can lender enforce his right against either principal borrower or his guarantor? Dwarka Courts answers

Dwarka Courts, Delhi: Rahul Jain, Metropolitan Magistrate, while addressing a matter regarding dishonour of cheque, held that mere assertion of non-receipt of

Published on May 13, 2022May 27, 2022By Bhumika Indulia
Leave a comment13098 views
Case BriefsHigh Courts

Can mere filing of proceedings under S. 7 IBC be treated as an embargo on Court exercising jurisdiction under S. 11 of Arbitration & Conciliation Act? Bom HC explains

Bombay High Court: A very interesting question was considered by G.S. Kulkarni, J., the question being, whether mere filing of a proceeding

Published on April 28, 2022May 6, 2022By Bhumika Indulia
Leave a comment2397 views
Case BriefsSupreme Court

Whether confiscation by Custom & Excise Authority forfeits the claim of Secured Creditor over such property? Whether the dues of Excise department create a First Charge? SC answers

Supreme Court: The Division Bench of L. Nageswara Rao and Vineet Saran*, JJ., quashed the confiscation order of Customs and Central Excise

Published on April 2, 2022April 8, 2022By Editor_4
Leave a comment2788 views
Case BriefsHigh Courts

To prove that cheque amount was larger than debt due, can defence of Issuer be looked at stage of issuing summons? Del HC explains

Delhi High Court: While addressing a matter revolving around Section 138 of the Negotiable Instruments Act, 1881, Subramonium Prasad, J., held that

Published on March 3, 2022March 11, 2022By Bhumika Indulia
Leave a comment11643 views
Case BriefsSupreme Court

Borrower’s offer to pay Rs.71 lakhs as a purchaser of mortgaged property will not discharge him from entire outstanding liability of approx 1.8 crores: SC

Supreme Court: The Division Bench of M. R. Shah* and Sanjiv Khanna, JJ., held that  the entire liability outstanding against the borrower

Published on March 1, 2022March 4, 2022By Editor_4
Leave a comment4073 views
National Company Law Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

In case of an application being filed under S.7 of IBC, will insufficiency of stamp duty be looked into? NCLT decides

National Company Law Tribunal, Mumbai: The Coram of H.V. Subba Rao, Judicial Member addressed the relevancy of insufficiency of stamp duty under

Published on February 14, 2022February 25, 2022By Bhumika Indulia
Leave a comment5535 views
Case BriefsSupreme Court

“Debt arising out of advance payment for supply of goods or services is an operational debt”; SC allows operational creditor to initiate CIRP

Supreme Court: While dealing with a case involving two controversial terms; “operational debt” and “operational creditor” of IBC, the 3-judge Bench of

Published on February 10, 2022February 11, 2022By Editor_4
Leave a comment5541 views
Akaant MittalExperts Corner

Whether a Decree or an Arbitral Award or a Settlement Deed can form the Basis of a Financial or Operational Debt under IB Code – Part II

by Akaant Kumar Mittal†
Cite as: 2022 SCC OnLine Blog Exp 9

Published on February 1, 2022May 13, 2022By Bhumika Indulia
Leave a comment7319 views

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