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Showing posts with label debtor. Show all posts
Showing posts with label debtor. Show all posts
Friday, 22 August 2025

Bombay HC: Relationship between banker and customer is of debtor and creditor for money deposited by customer in the bank

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  As the Tribunal has pointed out, it is fairly well settled that when moneys are deposited in a bank, the relationship that is constituted ...
Sunday, 26 December 2021

Is the relationship between the customer and Bank a creditor and a debtor?

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  The money that a customer deposits in a bank is not held by the latter on trust for him. It becomes a part of the banker’s funds who is un...
Monday, 13 January 2020

Basic principles for determining whether a document is mortgage by conditional sale or sale with option to repurchase

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Whether an agreement is a mortgage by conditional sale or sale with an option for repurchase is a vexed question to be considered in the ...
Sunday, 29 April 2018

How to ascertain whether a transaction is sale transaction or mortgage transaction?

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The recitals "your amount shall carry no interest and my fields will not carry any rent" indicate that the consideration receive...
Sunday, 19 March 2017

Whether insolvency petition is maintainable if debt is denied by debtor?

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This contention of Mr. Bhandari that if the debt is denied by the debtor then no petition would be maintainable under Section 9 of the Ac...

Whether insolvency petition abate on death of debtor?

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The scheme of the Act shows that the proceedings in the insolvency are really in rem and ensure for the benefit of all the creditors of the...
Friday, 12 August 2016

Whether debtor can initiate insolvency petition against creditor bank?

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The question is whether the bank can claim exemption from insolvency proceedings under Section 8 of the Act. Any company registered under ...
Thursday, 24 May 2012

Supreme Court: Payment made by a debtor is to be appropriated to interest first and thereafter to the principal

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The normal rule is that in the case of a debt due with interest any payment made by the debtor is in the first instance to be applied towa...