Registration Act, 1908, Section 17 -- Registration - Decree of civil Court acknowledging prior family settlement - Does not require to be registered, as it is not an instrument of transfer of title...........
Insolvency and Bankruptcy Code, 2016, Section 43 -- `Preferential transactions and relevant time' - Definitively from 1874, various jurisdictions have defined, described and dealt with `preferential transfer' as being transaction where an insolvent debtor makes transfer to or for benefit of creditor so that such beneficiary would receive more than what it would have..........
Insolvency and Bankruptcy Code, 2016, Section 43(2) -- `Preferential transactions and relevant time' - If two conditions are satisfied, transaction would be deemed to be of preference: (a) the transaction, of transfer of property or an interest thereof of corporate debtor, ought to be for benefit of a creditor or a surety or a guarantor for or on account of an antecedent..........
Insolvency and Bankruptcy Code, 2016, Section 43(3) -- `Preferential transactions and relevant time' - Excludes some of transfers from ambit of S.43(2) are: (a) transfer made in ordinary course of business or financial affairs of corporate debtor or transferee; (b) transfer creating security interest in a property acquired by corporate debtor to extent that such security..........
Insolvency and Bankruptcy Code, 2016, Section 43 -- `Preferential transactions and relevant time' - Corporate debtor shall be deemed to have given preference at relevant time if: (a) transaction is of transfer of property or interest thereof of corporate debtor, for benefit of a creditor or surety or guarantor for or on account of an antecedent financial debt or..........
Transfer of Property Act, 1882, Section 58 -- Re-mortgage - Could only be regarded as a fresh mortgage...........
Insolvency and Bankruptcy Code, 2016, Section 43(3)(b) -- `Preferential transactions and relevant time' - Exception - Transfer creating a security interest in property `acquired' by corporate debtor is not to be treated as preference to extent that such security interest secures `new value' in monetary terms or in terms of goods, services or new credit or in release of a..........
Insolvency and Bankruptcy Code, 2016, Section 43(3) -- `Preferential transactions and relevant time' - Exception - Only if any transfer is found to have been made by corporate debtor, either in ordinary course of its business or financial affairs or in process of acquiring any enhancement in its value or worth, that might be considered as having been done without any tinge..........
Insolvency and Bankruptcy Code, 2016, Section 3(11), 3(30), 3(31), 5(7), 5(8), 21, 60, Transfer of Property Act, 1882, Section 58, Indian Contract Act, 1872, Section 126 -- Debt - Financial creditor - Secured Interest - Whether lenders of Holding Company of Corporate Debtor could be categorised as financial creditors of Corporate Debtor or not - Held, if corporate debtor..........
Service -- Transfer order - Judicial review - Transfer is an exigency of service - An employee cannot have a choice of postings - Administrative circulars and guidelines are indicators of manner in which transfer policy has to be implemented - However, an administrative circular may not in itself confer a vested right which can be enforceable by writ of mandamus - Unless..........
