IBBI silent on allocation of Disciplinary Cases : RTI Nipun Singhvi, an advocate and RTI activist filed RTI with Insolvency and Bankruptcy Board of India (IBBI) to reveal the reason of creating two members Disciplinary...
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Stay or interim suspension of wilful defaulter status enable eligibility for promoter u/s 29A of IBC | SEBI debarment of Corporate Debtor u/s 29A(b) shall not be attracted on the Promoter Director
Stay or interim suspension of wilful defaulter status enable eligibility for promoter u/s 29A of Insolvency and Bankruptcy Code, 2016 Promoter Director of Corporate Debtor, participating as a Resolution Applicant, shall...
Whether Legal Services of the Lawyer/Advocate are covered under the Consumer Protection Act, 2019, Supreme Court decides
Legal Profession is sui generis i.e. unique in nature and cannot be compared with any other Profession Today, a two judge Bench of Hon’ble Supreme Court, comprising of Justice Bela M. Trivedi and Justice Pankaj...
Harmonizing Cross-Border Insolvency Regime under IBC: The quest for unified framework – By Satyanshu Kumari
The Insolvency and Bankruptcy Code, 2016, is a forward-thinking piece of law designed to increase the efficiency of insolvency and bankruptcy processes in India. Furthermore, while the present sections of the Code have...
Grounds on which Arvind Kejriwal (Delhi CM) gets Interim Bail and Terms and Conditions of the bail by Supreme Court
Grounds on which Arvind Kejriwal (Delhi CM) gets Interim Bail and Terms and Conditions of the bail An Appeal* challenging the judgment passed by the Trial Court and the High Court of Delhi, upholding the arrest of...
Insolvency
Enforcing an Arbitral Award under Section 9 of the IBC – By Harshal Chhabra and Shaswat Kashyap
Enforcing an Arbitral Award under Section 9 of the IBC Harshal Chhabra, 2nd year student at Gujarat National Law UniversityShaswat Kashyap, 3rd year student at Gujarat National Law University Section 9 of the Insolvency...
Project wise Resolution Plan: A new key to Resolution in Real Estate Insolvency – By Shubham Saini and Dhawal Desai
Project wise Resolution Plan: A new key to Resolution in Real Estate Insolvency “Insolvency and Bankruptcy Code is not a Panacea for all the ills, however for its effective implementation it requires a regular...
Priority of EPF dues under the Insolvency Laws: A Labour Law Perspective – By Rupal Dugar and Dishay Chitalia
One of the key components of social security under the Indian labour law regime is the provident fund for employees created under the EPF Act, 1952. Such a form of contributory social security mechanism is extremely...
Pre-Packaged Insolvency: A Paradigm Shift in Resolving Financial Distress – By Riya Sagar and Shubhankar Agnihotri
Pre-Packaged Insolvency: A Paradigm Shift in Resolving Financial Distress Riya Sagar, 4th-year B.A.LL.B. student at Symbiosis Law School, NoidaShubhankar Agnihotri, 5th year, B.A.LL.B (H), student at Bennett University...
Third Party Funding Changing the Landscape of Indian Insolvency Ecosystem – By Siddharth Pardeshi and Aprajita Pandey
Third Party Funding Changing the Landscape of Indian Insolvency Ecosystem Siddharth Pardeshi and Aprajita Pandey(3rd Year Law Students of 3 years LLB Course at Government Law College, Mumbai) Introduction Third-party...
Can a Creditor initiate CIRP against a Builder on default by Home Buyer in Home Loan Repayment
The amount involved in the present case cannot be considered as a Financial Debt within the definition of sub-section 8 of Section 5 of the Code.
Arbitration
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Debt Recovery/NI/RERA
Exploring Section 138 of the Negotiable Instrument Act: Unveiling the Dynamics of Time-Barred Debt in Relation to Legally Enforceable Obligations – By Shivam Agrawal and Harshal Chhabra
This blog delves into the provisions of Section 138 of the Negotiable Instrument Act, focusing on the concept of time-barred debt and its relationship with legally enforceable debt by analysing relevant case law...
Navigating the complexity of Preferential Transactions: Lessons learned from recent Judicial Pronouncements – By Sukhmani Kaur
This article explores how Section 43 of the Insolvency and Bankruptcy Code (IBC) regulates preferential transactions and their relevant time. A thorough analysis of the subsections under Section 43 and shows that the...
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