Guarantor Archives

Pending dues of spouse cannot bar election

Husband and wife are separate legal entities; Spouse cannot be compelled to clear public official’s dues for electoral participation: Rajasthan HC

Rajasthan High Court held that electoral participation of a spouse cannot be barred based on the pending recovery dues owed by their partner who held the public office.

Case Briefs Supreme Court

Only a secured property used as agricultural land can be exempted under SARFAESI Act; Supreme Court sets aside Telangana High Court’s order

Supreme Court opined that instead of shifting the burden of proof on the secured creditor to prove that the secured property was not agricultural property, the Telangana High Court should have laid down the burden of proof on the borrowers.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT| Right to payment cannot be accrued when a corporate guarantee is not invoked before CIRP initiation

National Company Law Appellant Tribunal, New Delhi: The Bench of Ashok Bhushan, J., Chairperson, and Shreesha Merla, Technical Member, while

Case Briefs High Courts

Self-Acquired Property of father on mortgage, can sons interfere with father’s right to dispose and deal with property? Sikkim HC explains

Sikkim High Court: If a father keeps his self-acquired property for the purpose of mortgage, can his sons interfere in the same?

Case Briefs High Courts

Del HC | Does Exception 3 to S. 28 of Contract Act deal with claim period within which beneficiary is entitled to lodge claim? Court discusses

Delhi High Court: Jayant Nath, J., held that, Exception 3 to Section 28 of the Contract Act deals with curtailment of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Whether Corporate Insolvency Resolution Process can be initiated against Principal Borrower and Corporate Guarantor simultaneously for same set of debt and default? Tribunal decides

National Company Appellate Tribunal (NCLAT): The Division Bench of Justice A.I.S Cheena (Judicial Member) and V.P. Singh (Technical Member) reinforced that in the

Case Briefs High Courts

Del HC | Is the liability of Principal Borrower and Guarantor co-extensive? Court reiterates SC’s position on continuation of SARFAESI proceedings against Guarantor by banks

Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., considered the following question: Whether a bank/financial institution can institute

Op Eds OP. ED.

Remedy against Guarantor – IBC – A better choice

by Umesh Shetty*