Manish Kumar v Union of India
Finin2min IBC/PMLA guide for Manish Kumar v Union of India: law source, paragraph decode, workflow, examples, Q&A, checklist and official links.
Finin2min Summary
- Manish Kumar v Union of India is a case-citator page for Manish Kumar v Union of India (2021) 5 SCC 1, decided by the Supreme Court.
- The issue is Threshold for homebuyer section 7 applications. The working holding is: The threshold for real estate allottees' section 7 applications was upheld as a legislative filter against fragmented insolvency filings.
- Use it for advisory and exam analysis only after checking the official judgment record and the event-date IBC provisions: homebuyer threshold, section 7 proviso.
Bare Act / Law / Rules / Notifications
| Page focus | Threshold for homebuyer section 7 applications |
|---|---|
| Controlling source family | Manish Kumar v Union of India |
| Authority | Supreme Court |
| Manish Kumar v Union of India | Open official source (2021) 5 SCC 1 |
| IBBI Act page | Open official source official IBBI source |
| IBBI Rules page | Open official source official IBBI source |
| IBBI Regulations page | Open official source official IBBI source |
Read this page with the official source open, and fix the event date before using any Act, rule, regulation, circular, notification, form or judgment.
Section-wise / Para-wise Decode
- Facts for Manish Kumar v Union of India: Constitutional challenge to amendments requiring minimum number or percentage of allottees.
- Ratio for Manish Kumar v Union of India: The threshold for real estate allottees' section 7 applications was upheld as a legislative filter against fragmented insolvency filings.
- Provision map for Manish Kumar v Union of India: homebuyer threshold, section 7 proviso should be tested against the application, order, claim or resolution-plan record.
- Advisory use for Manish Kumar v Union of India: identify the exact procedural stage before applying the case; section 7, section 9, plan approval, moratorium and liquidation cases do not answer the same question.
- Exam use for Manish Kumar v Union of India: state the forum, citation, issue, holding and the limited fact pattern in which the ratio operates.
Linked Rules, Notifications and Circulars
- For Manish Kumar v Union of India, check the primary source family: Manish Kumar v Union of India.
- For IBC matters, cross-check IBBI Act, Rules, Regulations, Circulars and Notifications pages for later instruments affecting Threshold for homebuyer section 7 applications.
- For PMLA/FIU matters, cross-check ED PMLA material, FIU guidance, reporting obligations and the scheduled-offence trail for Threshold for homebuyer section 7 applications.
- For tribunal/court matters, reconcile the cited judgment or form with the procedural rule, limitation period and latest forum direction.
Workflow / Flow Chart
- Step 1Identify the procedural stage in the problem.
- Step 2Match facts to the cited IBC provision.
- Step 3State the holding in one sentence.
- Step 4Apply the holding to debt, default, dispute, limitation, plan or liquidation facts.
- Step 5Check later statutory amendment and subsequent Supreme Court explanation.
- Step 6Conclude with remedy, admission, rejection, plan effect or distribution consequence.
Practical Examples
- A lender cites Manish Kumar v Union of India in a section 7 note; the reviewer must first confirm debt, default, limitation and application completeness.
- A corporate debtor relies on Manish Kumar v Union of India; counsel should isolate the exact ratio and avoid stretching it beyond the procedural stage decided.
- In an exam answer, Manish Kumar v Union of India should be connected to homebuyer threshold, section 7 proviso and then applied to the given facts.
Highlighted Points
- Citation: (2021) 5 SCC 1.
- Forum: Supreme Court.
- Core issue: Threshold for homebuyer section 7 applications.
- Do not use the case as a generic insolvency quote; apply it to the matching IBC stage.
Exam and Advisory Case Studies
Exam case study for Manish Kumar v Union of India: identify the legal source, issue, forum or authority, then state the trigger, evidence, time limit and consequence in that order.
Advisory case study for Manish Kumar v Union of India: prepare a short note that cites the official source, maps facts to the operative rule, lists open evidence gaps and states the next filing, appeal, reporting or board action.
Q&A
What is the first check for Manish Kumar v Union of India?
Open the official source for Manish Kumar v Union of India and confirm that the event date, entity type and procedural stage match the page focus: Threshold for homebuyer section 7 applications.
Can this page replace the statute, rule, regulation, circular or judgment?
No. It is a structured research and working guide; the official source remains controlling.
What evidence should be retained?
For Manish Kumar v Union of India, retain petition, reply, impugned order, debt/default proof, claim records, resolution-plan record and certified copy of judgment and the acknowledgement, order, communication or filing trail applicable to the fact pattern.
When should this page be reviewed again?
Review after any statutory amendment, IBBI circular, tribunal or Supreme Court ruling, FIU guidance, ED action, portal change or case-specific order.
Working Checklist
- Open and save the official source for Manish Kumar v Union of India.
- Confirm that Manish Kumar v Union of India applies to the entity, transaction, property, proceeding or filing stage.
- For Manish Kumar v Union of India, prepare the evidence pack: petition, reply, impugned order, debt/default proof, claim records, resolution-plan record and certified copy of judgment.
- For Manish Kumar v Union of India, check limitation, jurisdiction, fee, authority, service, appeal period and forum-specific directions before finalising the working file.
- Record sign-off by the responsible professional, compliance owner, board committee, resolution professional, liquidator or reporting entity officer as applicable.
Primary Official Sources
- Manish Kumar v Union of India(2021) 5 SCC 1
- IBBI Act pageofficial IBBI source
- IBBI Rules pageofficial IBBI source
- IBBI Regulations pageofficial IBBI source