Case Analysis of Judgement of Noida Power Company Limited v Mr. Gaurav Katiyar RP of Earthcon Universal Infractech Pvt. Ltd.1 Adv. Sahil Arora Advocate, Delhi High Court Brief Background of Appeals Appellants filed...
Recent Publication
The Evolution of Pre-CoC Settlements Under IBC: Analyzing the Impact of GLAS Trust v. Byju Raveendran Or Deviation from the earlier precedents: Why Byju’s judgment revives certain old but dead problems – By Pervinder Chatrapati & Shikher Upadhyay
The GLAS Trust judgment represents a significant shift toward procedural rigidity in pre-CoC settlements. While this promotes consistency and creditor protection, it necessitates careful navigation of the prescribed...
Streamlining arbitration proceedings: How the Draft Arbitration Bill seeks to harmonize the seat and venue conundrum – By Shloak Sanghvi
Streamlining arbitration proceedings: How the Draft Arbitration Bill seeks to harmonize the seat and venue conundrum Shloak Sanghvi Final year LL.B. , Government Law College, Mumbai Introduction The government has...
Grounded Resolutions: Lessons from Jet Airways and SBI vs. Jalan-Fritsch on the IBC’s Turbulent Path – By Varun Chikhale
Grounded Resolutions: Lessons from Jet Airways and SBI vs. Jalan-Fritsch on the IBC’s Turbulent Path Varun Chikhale 4th Year, B.B.A. LL.B., Symbiosis Law School, Nagpur Introduction The Insolvency and Bankruptcy Code...
Road to Settlements- Byju’s Ordeal – By Mr. Nipun Gautam & Mr. Kumar Anurag Singh
Road to Settlements- Byju’s Ordeal Mr. Nipun Gautam & Mr. Kumar Anurag SinghInsolvency and Commercial lawyers based out of Delhi, Mumbai Prologue: A significant ruling passed by the Hon’ble Supreme Court in the...
Revisiting the P. Mohanraj Judgment: Advocating for a Case-by-Case Approach to the Moratorium – By Onik Joshi
Revisiting the P. Mohanraj Judgment: Advocating for a Case-by-Case Approach to the Moratorium Onik Joshi Final year, LL.B. , Government Law College, Mumbai The Insolvency and Bankruptcy Code (“IBC”) was enacted in 2016...
Balancing Accountability and Growth: The De-Criminalization movement in Indian Corporate Law – By Aishwarya
Balancing Accountability and Growth: The De-Criminalization movement in Indian Corporate Law Aishwarya 3rd Year, B.A. LL.B., Chanakya National Law University, Patna Introduction The decriminalization of company law...
Insolvency
Case Analysis of Judgement of Noida Power Company Limited v Mr. Gaurav Katiyar RP of Earthcon Universal Infractech Pvt. Ltd. – By Adv. Sahil Arora
Case Analysis of Judgement of Noida Power Company Limited v Mr. Gaurav Katiyar RP of Earthcon Universal Infractech Pvt. Ltd.1 Adv. Sahil Arora Advocate, Delhi High Court Brief Background of Appeals Appellants filed...
The Evolution of Pre-CoC Settlements Under IBC: Analyzing the Impact of GLAS Trust v. Byju Raveendran Or Deviation from the earlier precedents: Why Byju’s judgment revives certain old but dead problems – By Pervinder Chatrapati & Shikher Upadhyay
The GLAS Trust judgment represents a significant shift toward procedural rigidity in pre-CoC settlements. While this promotes consistency and creditor protection, it necessitates careful navigation of the prescribed...
Grounded Resolutions: Lessons from Jet Airways and SBI vs. Jalan-Fritsch on the IBC’s Turbulent Path – By Varun Chikhale
Grounded Resolutions: Lessons from Jet Airways and SBI vs. Jalan-Fritsch on the IBC’s Turbulent Path Varun Chikhale 4th Year, B.B.A. LL.B., Symbiosis Law School, Nagpur Introduction The Insolvency and Bankruptcy Code...
Judicial Review: Supreme Court Reinstates Insolvency Proceedings Against Byju’s Amid BCCI Settlement Controversy – By Mulanshu Vora
Judicial Review: Supreme Court Reinstates Insolvency Proceedings Against Byju’s Amid BCCI Settlement Controversy Mulanshu VoraFinal year, LL.B., KC Law College, Mumbai Brief Background of the Case: Think and Learn...
Revisiting the P. Mohanraj Judgment: Advocating for a Case-by-Case Approach to the Moratorium – By Onik Joshi
Revisiting the P. Mohanraj Judgment: Advocating for a Case-by-Case Approach to the Moratorium Onik Joshi Final year, LL.B. , Government Law College, Mumbai The Insolvency and Bankruptcy Code (“IBC”) was enacted in 2016...
Interplay of ESG and Insolvency Laws in India: Navigating a New Era of Corporate Accountability – By Anchal Jindal
The interplay between ESG and insolvency laws in India is still evolving, but it is clear that ESG factors are becoming increasingly relevant to the way insolvency processes are conducted. As Indian companies and...
Arbitration
News
IBBI silent on allocation of Disciplinary Cases : RTI
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...
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...
Appointment of Additional Solicitor General of India for High Court of Telangana and High Court of Karnataka
MINISTRY OF LAW AND JUSTICE(Department of Legal Affairs)NOTIFICATIONNew Delhi, the 17th October, 2023 F. No. J-11013/9/2023-Judicial.—The President is pleased to appoint: (i) Sh. Kuloor Arvind Kamath, Senior Advocate as...
Debt Recovery/NI/RERA
Court’s tryst to unburden their shoulders in the cases of Section 138 of NI Act: ADR as the way forward – By Anand Shankar
Court’s tryst to unburden their shoulders in the cases of Section 138 of NI Act: ADR as the way forward Anand Shankar Second Year, B.A., LL.B. (Hons.), National Law University, Jodhpur Introduction The connecting...
Burden of Proof and Presumptions under Section 139 of Negotiable Instruments Act, 1881 (NI Act): Conceptual Underpinnings
Burden of Proof and Presumptions under Section 139 of Negotiable Instruments Act, 1881 (NI Act): Conceptual Underpinnings A. Burden of Proof and Presumptions: Conceptual Underpinnings Type of burden of proof: There are...
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...