Search Results for Tag : demand notice
Judgments
A demand notice delivered by an Advocate duly instructed by the Operational Creditor is a valid demand notice for purposes of initiation of CIRP(08.01.2021)
In present case, Application filed by the Appellant- Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code") cam.....
Tags : Application, Maintainability, Demand notice
Issuance of Demand Notice under Section 8(1) of IBC is not a mere formality but a mandatory provision(29.01.2021)
The present Appeal has been filed against the impugned order passed by Adjudicating Authority (National Company Law Tribunal), New Delhi admitting Com.....
Tags : CIRP, Service, Demand Notice
Assessing Officer is bound to furnish reasons within a reasonable time(25.04.2022)
Present writ Petition has been filed challenging the notice issued by the Respondent under Section 148 of the Income Tax Act, 1961 and the assessment .....
Tags : Demand notice, Penalty, Legality
A factory or an establishment shall be governed by the ESI Act irrespective of number of persons employed(20.01.2023)
The ESI Corporation has preferred the present appeal feeling aggrieved and dissatisfied with the impugned judgment, passed by the High Court by which,.....
Tags : Demand Notices, Legality
News
J&K&L HC: Issue of Demand Notice Delivery Due to Variation in Postal Receipt to be Decided at Trial(03.11.2022)
Jammu and Kashmir and Ladakh High Court has held that if correct address of accused is mentioned in complaint and in demand notice under Section 138 o.....
Tags : Jammu and Kashmir and Ladakh High Court, Demand Notice, Address
SC: Complaint under Section 138 NI Act Not Maintainable if Demand Notice Lacks Exact Amount(22.09.2025)
Supreme Court reiterated that a complaint under Section 138 of the Negotiable Instruments Act must have a demand notice specifying the exact cheque am.....
Tags : Negotiable Instruments Act, Complaint, Demand Notice
Kerala HC: Demand Notice Need Not Disclose Nature of Transaction Leading to Issuance of Cheque(19.03.2021)
Kerala High Court has held that a demand notice under Section 138 of the Negotiable Instruments Act, 1881 need not disclose the nature of transaction .....
Tags : Kerala High Court, Demand Notice u/s 138 NI Act
J&K HC: Demand Notice is Required to be Read as a Whole(05.05.2025)
J&K High Court has observed that the demand notice is required to be read as a whole, and one solitary word/figure, which ex facie is not in sync with.....
Tags : J&K High Court, Demand Notice, Whole
NCLAT: To Satisfy Requirement of S.8 Service of Demand Notice on Registered E-Mail of CD Sufficient(12.05.2025)
NCLAT New Delhi bench has held that to meet the requirements of Section 8 of the Insolvency and Bankruptcy Code, 2016 issuance of a demand notice to t.....
Tags : NCLAT New Delhi, Section 8, Demand Notice
Kerala HC: “Debt Due” under Section 18(1) SARFAESI Act Includes Future Interest until Appeal Filing(27.10.2025)
Kerala HC held that under Section 18(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (S.....
Tags : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, Demand Notice, Appeal
NCLAT: Cannot Dismiss Insolvency Plea Over Claims Disputed After Demand Notice(29.07.2019)
National Company Law Appellate Tribunal (NCLAT) has directed the National Company Law Tribunal (NCLT) to decide over an insolvency plea filed against .....
Tags : NCLAT, Demand Notice
NCLAT Chennai: Guarantors Cannot Deny Demand Notice After Admitting its Receipt(27.10.2025)
NCLAT Chennai Bench has set aside NCLT Amravati order and restored SBI’s insolvency petition against the personal guarantors of M/s Seven Hills Health.....
Tags : Insolvency, Guarantors, Demand Notice
NCLAT: Sec 9 IBC Plea Can't Be Rejected For Wrong Notice Form If Invoices in It Are Unchallenged(16.09.2025)
NCLAT held that an application under Section 9 of the IBC cannot be rejected on a hyper-technical ground that the demand notice was issued in Form 3 i.....
Tags : Corporate Debtor, IBC, NCLAT, Demand Notice
Kerala HC: Non-Delivery of Demand Notice No Reason to Quash Complaint(17.11.2022)
Kerala High Court has refused to quash a complaint under Section 138 of Negotiable Instruments Act, merely because the demand notice issued in local l.....
Tags : Kerala High Court, Complaint, Demand Notice
Notifications & Circulars
Adjudication of notices issued on CERA/CRA objection(08.04.2016)
The Central Board of Excise and Customs added to its efforts to reduce litigation arising out of indirect tax disputes. Its latest Circular has prescr.....
Tags : Cbec, demand notice, litigation, cag
NCLAT: Delivering Demand Notice to Last Known Address to be Deemed Valid(21.03.2025)
NCLAT New Delhi bench has held that delivery of demand notice to the last known address of the personal guarantor as has been stated in the deed of gu.....
Tags : NCLAT, Demand Notice, Last Known Address
NCLT: IBC Doesn’t Have Provision to Issue Multiple Demand Notices before Filing Petition u/s 9(24.12.2024)
NCLT New Delhi bench has held that the Insolvency and Bankruptcy Code, 2016 doesn’t contain a provision that allows Operational Creditor to issue mult.....
Tags : NCLT New Delhi, Multiple Demand Notices, Operational Creditor
NCLAT: Failure to Reply to Demand Notice Does Not Preclude Corporate Debtor from Raising Dispute(15.03.2022)
National Company Law Appellate Tribunal has held that the mere fact that the corporate debtor did not reply to the demand notice by the Operational Cr.....
Tags : National Company Law Appellate Tribunal, Failure to Reply to Demand Notice
Delhi HC: CCI Cannot Levy Interest Retrospectively Before Valid Service of Demand Notice(05.11.2025)
Delhi High Court held that the Competition Commission of India cannot impose interest retrospectively or from a date before valid service of a demand .....
Tags : Competition Commission of India, Demand Notice, Interest
SC: To Trigger Insolvency Process, Its Valid to Serve Demand Notice on CD's Key Managerial Personnel(30.04.2025)
Supreme Court while upholding the delivery of a demand notice to the corporate debtor's Key Managerial Personnel under Section 8 of the Insolvency and.....
Tags : Supreme Court, Demand Notice, Insolvency Process
Man. HC: IT Officer to Communicate Order of Reassessment and Demand Notice Within Time(23.07.2024)
Manipur High Court has held that if the Income Tax Officer makes reassessment without communicating the order of reassessment and the demand notice of.....
Tags : Manipur High Court, Income Tax Officer, Demand Notice
NCLAT: Cannot Consider Serving Demand Notice to Personal Guarantor as Invocation of Guarantee(03.03.2025)
NCLAT New Delhi bench has held that notice under Rule 7 of Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution .....
Tags : NCLAT New Delhi, Demand Notice, Personal Guarantor