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Search Results for "Loan Transaction"

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Supreme Court

Supreme Court Allows Appeal in Suit for Recovery of Money, Remands for Trial on Evidence Due to Disputed Facts on Limitation. The Court Held That Limitation Issue Cannot Be Decided as a Preliminary Issue Under Order XIV Rule 2 of Code of Civil Procedure, 1908, When Facts Are Contested, Requiring Evidence on Nature of Transactions and Repayment Terms.

31 Jan 2022

The appeal arose from a judgment of a Single Judge of the High Court of Delhi in RFA No 5 of 2019, which upheld the trial court's dismissal of a suit ...

Supreme Court

Supreme Court Dismisses Appeal in Criminal Case Involving Cheque Dishonour and Cheating Allegations. The Court upheld the High Court's discharge order, ruling that the transaction was a civil loan dispute without prima facie evidence of criminal offences under Section 138 of the Negotiable Instruments Act, 1881, or Section 420 of the Indian Penal Code, 1860.

28 Oct 2021

The dispute arose from a criminal complaint filed by the appellant against the respondent No.2, alleging offences under Section 138 of the Negotiable ...

Supreme Court

Supreme Court Remands Second Appeal to High Court for Reconsideration Due to Improper Disposal - High Court's Summary Endorsement of First Appellate Court's Findings Without Examining Substantial Questions of Law Under Section 100 CPC Set Aside.

28 Jul 2021

The dispute originated from a suit for recovery of possession and damages filed by the plaintiff against the defendant regarding a property transactio...

Supreme Court

Supreme Court Upholds Rejection of Plaint in Civil Suit Due to Failure to Seek Necessary Declarations Under Specific Relief Act. The suit was barred under Section 34 of the Specific Relief Act, 1963, as the plaintiff admitted executing sale deeds as security but did not seek declarations regarding their validity, leading to rejection under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908, with no amendment permitted after rejection.

20 Jul 2021

The dispute originated from a suit filed by the plaintiff (appellant) against multiple defendants (respondents) concerning property transactions and a...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

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