debts Archives | SCC Times

Never Reported Judgment | Sale of joint family property by Karta to pay off debts of business, not being a joint family business, cannot bind other members [(1953) 1 SCC 245]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on sale of joint family property by Karta.

Case Briefs Supreme Court

Banks must hear borrowers before classifying their accounts as fraud as it may lead to its ‘civil death’: Supreme Court

The Supreme Court observed that principles of natural justice should be necessarily read into the provisions of the Master Directions on Frauds, to save it from the vice of arbitrariness.

Case Briefs Supreme Court

IBC’s Section 53 does not over-ride Section 48 of GVAT Act; Adjudicating Authority may reject Resolution Plan if it ignores statutory dues payable to State/Legal authority: SC

Supreme Court: The bench of Indira Banerjee* and AS Bopanna, JJ has reversed the NCLAT order wherein it was held that the

Case Briefs High Courts

Secured Creditor or Revenue Department- Who has priority over liquidation of their respective dues? Bombay HC frames and answers Seven substantial questions

Bombay High Court: The issue before the Court in the instant matter was that between a secured creditor (defined in

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT| Ongoing or fresh debt related legal proceedings against personal guarantor should remain stayed during interim moratorium period

National Company Law Tribunal, Kolkata Bench I: The Bench of Rajasekhar V.K., judicial member and Balraj Joshi, technical member has held that

Experts Corner Khaitan & Co

Evolving Jurisprudence in Connection with SARFAESI vis-à-vis Pending Statutory Dues

by Rahul Chakraborti†, Prashamsha Tulachan†† and Saumya Agarwal†††
Cite as: 2022 SCC OnLine Blog Exp 27

Case Briefs High Courts

Madras HC | Is writ petition maintainable against Asset Reconstruction Co. which is assigned debts by nationalised banks? Is there element of public duty and obligation to follow RBI Circulars? HC decides

Madras High Court: V. Parthiban, J., expressed that plea of public interest in a private loan transaction is only a mask to

Case Briefs Supreme Court

COVID-19 Second Wave | Financial relief a policy matter; Similar order already passed: SC refuse to entertain plea seeking loan moratorium extension

Supreme Court: The bench of Ashok Bhushan and MR Shah, JJ has refused to pass any direction in the petition seeking effective

Case Briefs Supreme Court

Loan Moratorium Case| Supreme Court says no to total waiver of interest and extension of moratorium period but directs full waiver of compound interest

There was no justification shown by the Government to restrict the relief of not charging interest on interest with respect to the loans up to Rs. 2 crores only and that too restricted to only 8 categories.