Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights January 2025 Year 2025 This

Interim-moratorium u/s 96 IBC applies to proceedings against ...


High Court Halts Cheque Bounce Cases During IBC Moratorium; Section 96 IBC Applies to Section 138 NI Act Proceedings.

January 14, 2025

Case Laws     Indian Laws     HC

Interim-moratorium u/s 96 IBC applies to proceedings against petitioner u/s 138 NI Act. HC set aside revisional court order, allowed petition directing stay on Section 138 proceedings till NCLT moratorium in Section 96 IBC proceedings against petitioner remains operational. Ratio of P. Mohanraj followed, overriding effect of IBC provisions reiterated.

View Source

 


 

You may also like:

  1. Dishonour of Cheque - validity of notice issued - as in the notice which was issued after the bouncing of the cheque, there was no demand of the amount of the bounced...

  2. Dishonor of Cheque - Vicarious liability of Director - The primary liability in a cheque bounce case where cheque has been issued on behalf of the company is upon the...

  3. Dishonor of Cheque - the said bouncing of cheques on second presentation cannot be a ground for prosecution under Section 138 of the Negotiable Instruments Act, 1881 as...

  4. Levy of GST - cheques Bounce Charges - The bounce charges are recovered by the appellant for tolerating the act of delay and it is nothing but consideration u/s 2(31) -...

  5. Dishonor of Cheque - acquittal of the accused - Without discussing the evidence of complainant or accused in a proper perspective simply stating there are latches in the...

  6. Dishonor of Cheque - drawer of the cheque versus authorised signatory - One can easily visualise the object of Section 138 of the Negotiable Instruments Act, 1881, will...

  7. Dishonor of Cheque - dues was against the company but the cheque was issued by the petitioner from his personal account - Legally enforceable debt or not, in personal...

  8. Cheque bounced - validity of cheque - Merely because a cheque book with printed date “___/____/200___” is used after 01.01.2010 would not invalidate the cheque or become...

  9. Addition u/s 40A(3) of the Income Tax Act,1961 - Exceptions under Rule 6DD of the Income Tax Rules - Cash payment made due to cheque bounced - payment made in cash does...

  10. Dishonour of Cheque - Seeking setting aside of summoning order - vicarious liability on partner of a firm - The name of the petitioner is conspicuously not mentioned as...

  11. Dishonour of cheques - 7 cheques dishonoured at different places - different jurisdiction of trial court as per the bounced cheque - as the six complaint cases pertain...

  12. Dishonor of cheque - Corporate Debtor failed to repayment of its dues - business dispute including the disputes with respect of dishonoured of cheques - applicability of...

  13. Dishonor of cheque - If a notice is given on the basis of incorrect cheque number, then the entire foundation will fall and the complainant cannot maintain his complaint...

  14. Dishonor of cheque - presumption that cheque was issued in discharge of legal liability, burden on accused to prove contrary. Supreme Court observations: While deciding...

  15. Dishonor of cheque case - Issuance of summons - Cheque furnished as security covered u/s 138 of NI Act or not? - Scope and limited jurisdiction of High Court u/s 482...

 

Quick Updates:Latest Updates