Search Results for Tag : Default
Judgments
Eviction can be claimed on ground of default in payment of rent(22.05.2017)
Instant appeal is against judgment passed in eviction wherein suit filed by Respondent herein/Plaintiff was decreed holding that, Plaintiff was entitl.....
Tags : Rent, Payment, Default, Eviction
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Writ court cannot sit as an appellate authority over decision taken by competent authority(17.12.2018)
The present writ petition has been preferred primarily praying for issuance of a writ of or in the nature of Mandamus directing the Respondents to for.....
Tags : Willful defaulter, Declaration, Validity
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Chit foreman authorized to recover amount of future subscription from defaulting subscriber(06.11.2019)
The issue which has arisen for consideration in the present Civil Appeal is with respect to the jural relationship between a chit fund entity and the .....
Tags : Defaulting subscriber, Payment, Recovery
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Imprisonment in default of payment of fine awarded on an accused in different cases cannot be ordered to run concurrently(20.03.2020)
The question that arises for consideration in this petition is, whether imprisonment in default of payment of fine awarded on an accused in a case can.....
Tags : Fine, Payment, Default
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A Sole Proprietary Concern is not a person under Section 3(23) of IBC and it cannot initiate insolvency proceedings(23.09.2019)
In present case, RG Steels (Petitioner) has approached present Tribunal as Operational Creditor (OC) under the provisions of Section 9 of Insolvency a.....
Tags : Default, CIRP, Initiation
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Top Story
Central Government set to decriminalise minor technical and procedural defaults under Companies Act(17.05.2020)
In pursuance to objective of providing greater “Ease of Doing Business” to all stakeholders, Government decides to decriminalise the violations involv.....
Tags : Technical default, Decriminalization, Amendment
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Where no minimum sentence is prescribed, accused is entitled to default bail if charge-sheet not filed in 60 days(04.12.2020)
Accused had moved a petition under Section 167(2) of Code of Criminal Procedure, 1973 (CrPC) to release him, on the ground that, 60 days period having.....
Tags : Charge sheet, Time period, Default bail
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Bank can sell the vehicle seized due to default in a public auction with prior written notice to the debtor(07.12.2020)
Petitioner is aggrieved by the order of the Trial Court adjourning the proceedings and not granting permission under Order XXXIX Rule 6 of Code of Civ.....
Tags : Default, Vehicle, Sale
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Application filed by Financial Creditor has to be admitted on satisfaction that, default has occurred and application is complete, and no disciplinary proceeding against proposed IRP is pending(03.05.2021)
The present application is filed under Section 7 of The Insolvency and Bankruptcy Code, 2016, read with Rule 4 of the Insolvency and Bankruptcy (Appli.....
Tags : Default, Application, Admission
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When a finding is recorded by the Adjudicating Authority that agreement was entered, there is no question of doubting its genuineness(24.05.2023)
Present appeal has been filed against the order passed by Adjudicating Authority (NCLT Kolkata) by which order Section 7 of the Insolvency & Bankruptc.....
Tags : Default, Application, Rejection
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Notifications & Circulars
Procedure for applying for Amnesty scheme for one-time settlement of default in export obligation by Advance and EPCG authorization holders(17.04.2023)
Reference Public Notice No. 02/2023 dated 01.04.2023, the procedure for filing applications for Amnesty scheme for one-time settlement of default in e.....
Tags : Procedure, Amnesty scheme, Default in
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Investment by Foreign Portfolio Investors in Corporate Bonds(26.11.2015)
The Reserve Bank of India has permitted Foreign Portfolio Investors to acquire NCDs/bonds which are under partial or full default of repayment of prin.....
Tags : Foreign portfolio investors, corporate bonds, default
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News
SC: Tenant Can’t Be Evicted for Defaulting Rent Without Determination Of ‘Provisional Rent’ By Court(24.08.2018)
While hearing a petition seeking eviction of tenant on the ground of defaulting rent, SC has held that the provisional determination of the rent by th.....
Tags : Supreme Court,defaulting rent, provisional rent
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Ker. HC: Arbitrary Bail Condition for Default Bail Violates Article 21(05.12.2023)
Kerala High Court has held that arbitrary conditions imposed while granting statutory/default bail amount to infringement of the fundamental right of .....
Tags : Kerala High Court, Article 21, Bail Condition, Default Bail
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Madras HC: Disbursal of Insurance Amount Ordered, Default in Payment of Premium not Intentional(22.01.2024)
Madras High Court while ordering disbursal of insurance amount to the family of policy holder has held that default in payment of premium was neither .....
Tags : Madras High Court, Disbursal of Insurance Amount, Default in Payment
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ITAT, Bangalore Deletes Penalty on TDS Default by SBI on LTC Payments(02.03.2020)
Income Tax Appellate Tribunal (ITAT), Bangalore has deleted the penalty proceedings initiated by the tax department against the State bank of India ( .....
Tags : Income Tax Appellate Tribunal, Penalty on TDS Default by SBI
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TDS Surveys by Income Tax Department unearths huge defaults in deduction and deposit(04.03.2020)
In a major breakthrough, the Tax Deducted at Source (TDS) wing of the Income Tax Department has unearthed default of TDS of Rs. 324 crore in the case .....
Tags : TDS Surveys, Defaults, Deduction, Deposit
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Del. HC: Filing Piece-Meal Charge-sheet for Defeating Right to Default Bail is Against Article 21(22.05.2023)
Delhi High Court has held that picking one aspect of the investigation and filing a piecemeal charge-sheet to defeat the applicant’s right to default .....
Tags : Delhi High Court, Default Bail, Constitution
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NCLT: Filing of Default Record Necessary for Section 7 IBC Filings(13.05.2020)
National Company Law Tribunal has directed filing of default record from Information utility along with new Petitions under Section 7 of the Insolvenc.....
Tags : National Company Law Tribunal, Filing of Default Record
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Relaxation from default recognition due to restructuring of debt(31.08.2020)
1. CRAs recognize default based on the guidance issued vide SEBI circulars dated May 3, 2010 and November 1, 2016. Further, SEBI vide circular dated M.....
Tags : Relaxation, Default recognition, Restructuring of debt
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Calcutta HC Quashes NCLT Order for Submission of Record of Default for Filing Sec 7 Applications(20.08.2020)
Calcutta High Court has struck down the order passed by the National Company Law Tribunal (NCLT) which mandated submission of record of default from .....
Tags : Calcutta High Court, Submission of Record of Default
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SC Questions RBI’s Policy to Maintain Secrecy of Defaulter's Name(25.10.2016)
Supreme Court has asked Reserve Bank of India why names of borrowers that owe more than Rs 500 crore to country’s banks shouldn't be made public.
Tags : Supreme Court, RBI, borrowers, Defaulters
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SC: Subsequent Filing of Chargesheet Does Not Extinguish Right of Accused for 'Default Bail'(13.10.2020)
Supreme Court has observed that the accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for inves.....
Tags : Supreme Court, Right of Accused for 'Default Bail'
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P&H HC: Accused Enjoying Interim Bail in Pandemic Not Entitled To 'Dual Benefit' of Default Bail(24.07.2020)
Punjab and Haryana High Court has denied default bail to an accused on the grounds that he was not entitled to dual benefit of default bail and interi.....
Tags : Punjab and Haryana High Court, 'Dual Benefit' of Default Bail
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Madras HC: Right to Default Bail u/s 167(2) CrPC Not Affected by SC Order Extending Limitation(11.05.2020)
Madras High Court has held that the general order passed by the Supreme Court to extend the period of limitation for filing cases in view of the COVID.....
Tags : Madras High Court, Default Bail
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Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)
Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....
Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra
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Supreme Court: "It’s Time to Deal with Loan Defaulters Sternly"(09.05.2017)
Supreme Court, while concerned over increasing number of corporate houses and private institutions not paying back loans taken from banks and public b.....
Tags : Supreme Court, Loan Defaulters
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J&K&L HC: When WP Dismissed in Default is Restored, Orders Passed Therein are Revived(07.12.2022)
Jammu and Kashmir and Ladakh High Court has held that as corollary to the restoration of a writ petition, dismissed in default, all orders passed woul.....
Tags : Jammu and Kashmir and Ladakh High Court, Default, Orders, Restored
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RBI issues directions for handling wilful defaulters(21.09.2023)
The Reserve Bank of India (RBI) has introduced a scheme for handling wilful defaulters, effective from April 1, 1999. These guidelines were subsequent.....
Tags : Master Direction, Wilful Defaulters, Scheme
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Kerala HC: Litmus Test to Consider Default Shall be as Defined in Amended Section 4 IBC(02.02.2022)
Kerala High Court has held that the litmus test is whether the default exists as defined in amended Section 4 of the Insolvency and Bankruptcy Code, 2.....
Tags : Kerala High Court, Litmus Test to Consider Default
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Delhi HC: RBI Advisory on Moratorium Applicable Even to Loans on Default as on 1st March(09.04.2020)
Delhi High Court has held that the advisory issued by Reserve Bank of India on moratorium on loans in the wake of COVID-19 pandemic is applicable even.....
Tags : Delhi High Court, Loans on Default
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Insurer liable even if insuree does not follow own bye-laws strictly(02.03.2016)
The National Consumer Disputes Redressal Commission held that the Bombay Stock Exchange should not have utilised money from its Trade Guarantee Fund t.....
Tags : Stock exchange, default, guarantee fund, insurance
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Delhi HC: Default Bail Cannot Be Denied Just Because Application Filed u/s 439 CrPC(11.11.2020)
Delhi High Court has granted bail in a case where the accused was prepared to furnish bail and comply with the conditions under Section 167(2) of the .....
Tags : Delhi High Court, Default Bail
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SC: Default Bail Can’t be Claimed on Ground of Pending Investigation Against Other Accused(24.01.2024)
Supreme Court has held that statutory right of default bail cannot be claimed by accused under Section 167(2) of Code of Criminal Procedure, 1973 on t.....
Tags : Supreme Court, Pending Investigation, Default Bail, Section 167(2) of CrPC
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Bom. HC: Banks to Show Evidence to Borrowers Before Invoking Circular on Wilful Default(27.03.2024)
Bombay High Court has held that commercial banks need to show the evidence to defaulting borrowers before invoking the master circular on wilful defau.....
Tags : Bombay High Court, Wilful Default, Commercial Banks
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Madras HC: No Default Bail Claiming Benefit of SC Order Extending Limitation(13.05.2020)
Madras High Court has held that accused cannot claim 'default' bail taking advantage of the suo moto order passed by the Supreme Court to extend limit.....
Tags : Madras High Court, Default Bail
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Madras High Court Suggests Surrender of Passports from Loan Defaulters(02.01.2019)
Madras High Court has suggested that the Centre bring in appropriate amendments in the Passport Rules, so that banks and financial institutions can de.....
Tags : Madras High Court, Loan Defaulters, Surrender of Passport
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CCPA: Hotels/Restaurants Can't Add Service Charge Automatically or by Default in Bill(05.07.2022)
Central Consumer Protection Authority (CCPA) has issued an order barring Hotels and restaurants from levying service charges automatically or by defau.....
Tags : Central Consumer Protection Authority, Service Charge, Default
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SC: Default Bail Granted Erroneously Can Be Cancelled by High Court u/s 439(2) CrPC(23.11.2020)
Supreme Court has observed that a 'default bail' illegally or erroneously granted under Section 167(2) of the Code of Criminal Procedure, 1973 (Cr.PC).....
Tags : Supreme Court, Default Bail
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Orissa HC: Date of Submission of Chargesheet is Only Relevant Date for Grant of Default Bail(25.04.2022)
Orissa High Court has held that date of submission of chargesheet is the only relevant date that should be taken into consideration while granting def.....
Tags : Orissa High Court, Date of Submission of Chargesheet, Grant of Default Bail
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Allahabad HC: Subsequent Filing of Chargesheet Can't Defeat Right of Accused for Default Bail(04.07.2022)
Allahabad High Court has held that an accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for inv.....
Tags : Allahabad High Court, Default Bail, Chargesheet
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Bombay HC Grants Interim Stay on CIC’s Order Directing RBI to Disclose Wilful Defaulters’ List(17.12.2018)
Bombay High Court has granted interim stay on Central Information Commission’s order directing the RBI to submit a list of wilful defaulters with a ba.....
Tags : Bombay High Court,Wilful Defaulters’ List
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Allahabad HC: Indefeasible Right To Default Bail If Chargesheet Not Filed Within Stipulated Time(11.11.2021)
Allahabad High Court has observed that an accused has an indefeasible right to 'default bail' under proviso to section 167(2) of the Code of Criminal.....
Tags : Allahabad High Court, Indefeasible Right To Default Bail
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Kerala HC: Application for Default Bail Filed Through E-Filing Valid(21.11.2022)
Kerala High Court has held that an application for default bail, filed timely through e-filing mode, cannot be ignored by the trial courts for want of.....
Tags : Kerala High Court, E-Filing, Default Bail
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Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)
Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....
Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra
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SC: Accused Released on Default Bail Cannot be Re-arrested on Filing of Charge Sheet(07.01.2021)
Supreme Court has held that an accused who was released on default bail cannot be re-arrested on filing of charge-sheet by police.
Tags : Supreme Court, Accused Released on Default Bail
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When the Guarantee requires invocation of guarantee deed, default on the guarantor shall be the date, when corporate guarantee has been invoked(26.07.2023)
Present Appeal has been filed against the Order by which Section 7 Application filed by the Appellant has been rejected as barred by Section 10A of th.....
Tags : Default, Time period, Applicability
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SC: Right to Default Bail Enforceable Even if Charge Sheet Seeking Extension of Time Filed(27.10.2020)
Supreme Court has observed that where the accused has already applied for default bail, the Prosecutor cannot defeat the enforcement of his indefeasib.....
Tags : Supreme Court, Right to Default Bail
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Delhi HC to Registrar General: Explore Possibility of Software to Preserve Right to Default Bail(15.11.2022)
Delhi High Court has asked its Registrar General to implement a 2018 verdict wherein he was requested to explore the possibility of creation of a data.....
Tags : Delhi High Court, Default Bail, Software
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SC to All Courts: Defer Applications for Default Bail Based on 'Ritu Chhabaria' Judgment(02.05.2023)
Supreme Court while agreeing to constitute 3 judge bench to consider Centre’s plea to recall judgment in Ritu Chhabaria v. UOI [MANU/SC/0459/2023] has.....
Tags : Supreme Court, Ritu Chhabaria Case, Default Bail
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NCLAT: Stage for Considering Default in Order at Time When Matter Taken Up u/s 100 IBC(07.01.2022)
National Company Law Appellate Tribunal has held that when an application is filed under Section 95 of the Insolvency and Bankruptcy Code, 2016, the A.....
Tags : National Company Law Appellate Tribunal, Stage for Considering Default in Order
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Del. HC Denies Default Bail to NSCN(IM) Leader Alemla Jamir in Terror Funding Case(03.05.2023)
Delhi High Court while observing that case has progressed to the stage where part evidence has already been recorded, implying that the charge-sheet f.....
Tags : Delhi High Court, Default Bail, NSCN(IM), Terror Funding
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Gujarat HC Issues Notice on Plea Challenging Income Tax Provision Treating Defaulter at Par(14.01.2022)
Gujarat High Court has issued the notice to the government on a plea challenging Income Tax Provision treating defaulter as well as a genuine taxpayer.....
Tags : Gujarat High Court, Income Tax Provision Treating Defaulter at Par
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Blast from the Past
Not requiring wilful defaulters to snitch on themselves(25.01.1995)
Wilful default - alleging the debtor to have failed paying his or her debts despite the presence of funds - a last resort it may be for the lender, re.....
Tags : Willful default, burden of proof, means
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Mere payment of contributions after filing of case will not absolve employer from his liability(27.04.2018)
In facts of present case, on November 19, 2014, Enforcement Officer, Employees Provident Fund Organization (Opposite party No. 2) inspected the establ.....
Tags : Provident Fund, Deposit, Default, Proceedings, Quashing
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Bombay HC Seeks Reply on Sudha Bharadwaj's Plea for Default Bail in Bhima Koregaon Case(23.06.2021)
Bombay High Court has directed the National Investigating Agency and State to file their replies in lawyer-activist Sudha Bharadwaj's plea seeking def.....
Tags : Bombay High Court, Default Bail in Bhima Koregaon Case
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SC: Court Cannot Impose Condition of Deposit of Money While Granting Default/Statutory Bail(16.10.2020)
Supreme Court has held that while granting default bail/statutory bail under Section 167(2) of the Code of Criminal Procedure, 1973 condition of depos.....
Tags : Supreme Court, Default Bail
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SEBI Decides to Restrain Wilful Defaulters(14.03.2016)
Securities and Exchange Board of India (SEBI) has decided to restrain ‘wilful defaulters’ from accessing capital markets for raising funds from the pu.....
Tags : Securities and Exchange Board of India, Wilful Defaulters
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SC: 2015 Judgment Directing RBI to Disclose Defaulters List Might Affect Customer’s Privacy(03.10.2022)
Supreme Court has expressed prima facie doubts about its 2015 judgment in case of Reserve Bank of India v. Jayantilal Mistry which had held RBI was ob.....
Tags : Supreme Court, RBI, Defaulter’s List
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Kerala HC: Not Mandatory to Hear Victim While Considering Rape Accused's Plea for Default Bail(14.09.2020)
Kerala High Court has held that provision contained in Section 439(1A) of the Code of Criminal Procedure does not apply to an application for bail und.....
Tags : Kerala High Court, Plea for Default Bail
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SC Dismisses Application to Recall Judgment Which Directed RBI to Disclose Loan Defaulters List(29.04.2021)
Supreme Court has dismissed the applications filed by certain banks seeking to recall the 2015 judgment in the case Reserve Bank of India v Jayantilal.....
Tags : Supreme Court, Loan Defaulters List
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Central Government specifies one crore rupees as minimum amount of default for purposes of Section 4 of IBC(24.03.2020)
In exercise of the powers conferred by the proviso to section 4 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the Central Government hereb.....
Tags : Minimum amount, Default, Specification
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Kerala HC: Accused Cannot Get Default Bail If Chargesheet Originally Filed Within Time(26.04.2021)
Kerala High Court has held that the accused cannot get default bail if a chargesheet originally filed within time is re-presented following the period.....
Tags : Kerala High Court, Default Bail
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Madras High Court Suggests Surrender of Passports from Loan Defaulters(02.01.2019)
Madras High Court has suggested that the Centre bring in appropriate amendments in the Passport Rules, so that banks and financial institutions can de.....
Tags : Madras High Court, Loan Defaulters, Surrender of Passport
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Delhi HC: Object of Default Bail Linked With Accused’s Right under Article 21(10.08.2022)
Delhi High Court has held that object of default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding.....
Tags : Delhi High Court, Default Bail, Article 21
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Participation of AIFs in Credit Default Swaps(12.01.2023)
1. SEBI (Alternative Investment Funds) Regulations, 2012 ('AIF Regulations'), have been amended and notified on January 09, 2023 to allow AIFs to part.....
Tags : Participation, AIFs, Credit Default Swaps
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SC Affirms Compensation to Lawyer for Bank Wrongfully Keeping His Name in Loan Defaulters List(15.02.2023)
Supreme Court has affirmed National Consumers Disputes Redressal Commission directing Canara Bank to pay compensation of Rs. 5 lakhs to lawyer whose n.....
Tags : Supreme Court, Compensation, Loan Defaulters
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SC: Filing Incomplete Chargesheet Without Investigation Won’t Extinguish Right to Get Default Bail(26.04.2023)
Supreme Court has held that if investigating agency files a chargesheet without completing investigation, the same would not extinguish the right of t.....
Tags : Supreme Court, Chargesheet, Default Bail
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Kingfisher Airlines to be represented by legal counsel before GRC(17.12.2015)
A borrower appearing before a Grievance Redressal Committee has the right to be represented by an advocate, the Delhi High Court has held. Proceedings.....
Tags : Kingfisher, willful defaulter, grc, advocate
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Penalty for repeated delivery default(17.08.2021)
1. SEBI had stipulated delivery default norms vide Circular SEBI/HO/CDMRD/DRMP/CIR/P/2021/35 dated March 23, 2021. It is felt that there is a need to .....
Tags : Penalty, Delivery Default
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SC: Courts Should Inform Accused Availability of Right to Avail Default Bail(27.10.2020)
Supreme Court has observed that Courts should inform the accused of the availability of their indefeasible right to avail 'default bail' once it accru.....
Tags : Supreme Court, Right to Avail Default Bail
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SC: After Presentation of Chargesheet Default Bail Can be Cancelled on Merits(16.01.2023)
Supreme Court has held that there is no absolute bar that once a person is released on default bail, it cannot be cancelled on merits and grounds like.....
Tags : Supreme Court, Default Bail, Chargesheet
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Willful Defaulter under RBI Act can’t be represented through Advocate/CA: Madhya Pradesh HC(02.04.2019)
Madhya Pradesh High Court has held that a ‘willful defaulter’ under Reserve Bank of India (RBI) Act cannot be represented through the lawyers or Chart.....
Tags : Madhya Pradesh High Court, Willful Defaulter, RBI Act
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Calcutta HC to Decide on Permitting Schools to Expel Students for Fees Default(05.07.2021)
Calcutta High Court has said that it will decide on permitting school authorities to expel students for non-payment of fees in the absence of good cau.....
Tags : Calcutta High Court, Permitting Schools to Expel Students for Fees Default
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SC: Can’t Claim Default Bail When First Time Extension Not Challenged, Second Passed in his Presence(13.04.2023)
Supreme Court has held that when two time extensions are granted by Court, second extension granted in the presence of accused, which are not challeng.....
Tags : Supreme Court, Default Bail, Extension of Time
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Karnataka HC: Non-compliance of POCSO Act Not to Entitle Accused to Release on Default Bail(10.05.2021)
Karnataka High Court has held that non compliance of section 35 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 will not entitle .....
Tags : Karnataka High Court, Default Bail
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SC: Day of Remand Should be Included While Considering Default Bail Claim(28.03.2023)
Supreme Court has held that day of remand is to be included for considering for considering a claim for default bail, and observed that remand period .....
Tags : Supreme Court, Default Bail, Remand
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Chhattisgarh HC: Grant of Default Bail is Indefensible Right Under S. 167(2) CrPC(12.07.2021)
Chhattisgarh High Court has held that to arrive at a computation to calculate the delay in filing the charge sheet, the date of arrest is to be exclud.....
Tags : Chhattisgarh High Court, Grant of Default Bail
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JKL HC: Pseudo Police Report Can’t Defeat Right of Accused to Default Bail(15.02.2023)
Jammu and Kashmir and Ladakh High Court has held that pseudo police report even if filed within the time frame required under CrPC, cannot be given le.....
Tags : Jammu and Kashmir and Ladakh High, Default Bail, Pseudo Police Report
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SC: Chargesheet Can’t be Said to be Incomplete Merely Because it was Filed Without Sanction(01.05.2023)
Supreme Court while observing that merely because chargesheet was filed without it can’t be considered an incomplete chargesheet, has held that accuse.....
Tags : Supreme Court, Chargesheet, Sanction, Default Bail
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SEBI Makes it Necessary for Listed Firms to Disclose Loan Default(21.11.2019)
Securities and Exchange Board of India has made it necessary for all listed companies to make public disclosures on loans defaults. The move will hel.....
Tags : SEBI, Loan Default
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SC: Default Bail Can be Cancelled Based on Reasons Made Out in Chargesheet(17.01.2023)
Supreme Court has held that if special reasons are made out from the chargesheet and the chargesheet reveals commission of non-bailable crime, default.....
Tags : Supreme Court, Default Bail, Non-Bailable Offence, Chargesheet
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Del. HC: Accused Entitled to Default Bail if Prosecution Files Preliminary or Incomplete Chargesheet(18.09.2023)
Delhi High Court has held that right of an accused to default bail under Section 167(2) of CrPC would arise in a case where the chargesheet is not fil.....
Tags : Delhi High Court, Default Bail, Chargesheet
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