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Showing posts with label insolvency. Show all posts
Showing posts with label insolvency. Show all posts
Thursday, 13 May 2021

Whether the borrower can initiate an insolvency proceeding against the corporate person who is a guarantor regarding the loan account given to the partnership firm?

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To get over this position, much reliance was placed on Section 5(5A) of the Code, which defines the expression “corporate guarantor” to mean...
Sunday, 17 September 2017

When parties can approach court even in presence of arbitration agreement?

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Arbitration is increasing method of dispute resolution. With increasing number of cross border transactions and international trade c...
Sunday, 19 March 2017

Whether joint hindu family firm can be adjudicated as insolvent?

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As the above rulings throw little light on the question whether a Hindu joint family firm can be adjudged insolvent under Section 99, Pr...
Tuesday, 8 November 2016

Whether son is liable to pay father's debt if father is discharged insolvent?

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   As regards the first contention, there can be no doubt that if the decree was against Nandji alone, the effect of the order of discha...
Friday, 30 September 2016

What will be effect of insolvency of party in civil suit and in execution of decree?

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Order XXII of the Code of Civil Procedure deals with the consequences of death, marriage or insolvency of parties to the proceedings befor...
Friday, 12 August 2016

Whether banking company is exempt from insolvency proceeding?

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 In IV (2001) CLT 284(cited Supra) the question, whether the bank can claim exception from Insolvency proceedings under  Section 8  of the ...
Sunday, 24 July 2016

Whether Insolvency Court can investigate question of title?

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On the question as to whether the Insolvency Court could investigate the question of title, Mr. Doctor has placed reliance on the decisio...

Procedure to be followed by court when insolvency petition is filed

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(i) It is not obligatory for the Insolvency Court, to hear a debtor while admitting the insolvency petition filed by creditor and direct...
Saturday, 28 March 2015

When directors can be personally liable on company insolvency?

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http://www.icaew.com/en/archive/library/subject-gateways/law/insolvency/legal-alert/when-directors-can-be-personally-liable-on-company-
Monday, 12 May 2014

Whether creditor of father can claim priority in payment of his debt in case of insolvency of son?

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It is in this sense of obligation that the word 'charge' is used in the passage in Mayne's Hindu Law and not in the sense of th...
Sunday, 9 June 2013

Whether insolvency proceeding can be started on basis of Foreign decree without following procedure laid down in Law?

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The   law   is   settled. Based upon these settled principles itself I am inclined to observe that there is no question   of enlarging ...