Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
A continuing personal guarantee remained enforceable despite the guarantor's resignation from the corporate debtor, because the deed expressly made the guarantee continuing, irrevocable and binding on demand. Revocation of a continuing guarantee was treated as operating only for future transactions and requiring notice to the creditor; communications to other consortium members were insufficient. Renewal of credit facilities was held not to amount to novation or a material variance discharging the surety, and liability continued for debt arising under the original loan documents. The challenge based on alleged non-consideration of the guarantor's objections was also rejected.
A continuing personal guarantee remained enforceable despite the guarantor's resignation from the corporate debtor, because the deed expressly made the guarantee continuing, irrevocable and binding on demand. Revocation of a continuing guarantee was treated as operating only for future transactions and requiring notice to the creditor; communications to other consortium members were insufficient. Renewal of credit facilities was held not to amount to novation or a material variance discharging the surety, and liability continued for debt arising under the original loan documents. The challenge based on alleged non-consideration of the guarantor's objections was also rejected.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4792
Join Channel
TaxTMI 
