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If default is of Rs 1 lakh or more, IBC Code is applicable irrespective of any dispute on the exact amount

In Mr. A. Maheshwaran Vs. Stressed Assets Stabilization Fund & Anr., NCLAT referring Innoventive Industries Ltd. v. ICICI Bank, (2018) 1 SCC 407] judgment and held that it is evident that even if a debt is disputed, if the amount is more than Rupees One Lakh, the application under Section 7 is maintainable. What is the exact amount of claim, that is only considered at the stage of the ‘Corporate Insolvency Resolution Process’, when the ‘Interim Resolution Professional’ after collating the claims, including the claim of the Respondent, may ascertain what amount is payable to the Respondent.

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Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

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Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...
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Christian who reconverts as Hindu SC will get quota benefits

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