This article aims to contribute to the ongoing discourse on refining India’s approach to cross-border insolvency. This will ultimately lead to a more efficient and effective system for resolving complex international...
Recent Publication
Legal and Regulatory Insights on the IDFC First Bank – IDFC Limited Merger – By Ayush Das
The merger of IDFC First Bank Limited with IDFC Limited will be a landmark transaction for India's financial services industry .This step was necessitated by the Indian banking institutions' realization that mergers are...
The Exchange Conundrum: Deciphering Currency Conversion in Foreign Arbitral Award – By Adeeb Ahmad & Soumya Chakrabarti
This judgment has established enforceability date as the benchmark which will minimize the impact of consistently changing conversion exchange rates on both parties. Additionally, the court’s decision to convert partial...
Ambit of Date of Default through the Lens of Judicial Pronouncements – By Shreeya Kabra
The date of Default plays a crucial role in the insolvency proceedings and influences the limitation period, CIRP initiation, etc. Hon’ble courts and tribunals, through judicial pronouncements, have created a uniform...
Catalyzing MSMEs through A Facilitative Distress Resolution Process – By Mathew Jacob
Catalyzing MSMEs through A Facilitative Distress Resolution Process Mathew Jacob LLM-IBL, NALSAR University of Law & Indian Institute of Corporate Affairs Introduction Micro, Small, and Medium Enterprises (MSMEs)...
Avoiding Costly Mistakes: The Importance of Liquidated Damages – By Aakanksha Agarwal, Suraj Gupta & Anushka Gupta
Liquidated damages are important in a contract for its enforcement as they hold the parties responsible for breach of contract, ensures fair compensation and simplify the process of dispute resolution. There are some...
Legal Implications of Contingent Claims under The Insolvency and Bankruptcy Code, 2016: Balancing The Clean Slate Theory and Creditors Rights – By Sachin Raj & Sakshi Sinha
Legal Implications of Contingent Claims under The Insolvency and Bankruptcy Code, 2016: Balancing The Clean Slate Theory and Creditors Rights Sachin Raj & Sakshi Sinha 4th Year, B.A. LL.B. (Hons.) Symbiosis Law...
Insolvency
Cross-Border Insolvency: A domain to be strengthened by The Indian Legal System Abstract – By Anurag Yadav
This article aims to contribute to the ongoing discourse on refining India’s approach to cross-border insolvency. This will ultimately lead to a more efficient and effective system for resolving complex international...
Legal and Regulatory Insights on the IDFC First Bank – IDFC Limited Merger – By Ayush Das
The merger of IDFC First Bank Limited with IDFC Limited will be a landmark transaction for India's financial services industry .This step was necessitated by the Indian banking institutions' realization that mergers are...
Case Summary: My Preferred Transformation & Hospitality Pvt. Ltd. & Anr. V. Faridabad Implements Pvt. Ltd. – By Prerika Narang
Case Summary: My Preferred Transformation & Hospitality Pvt. Ltd. & Anr. V. Faridabad Implements Pvt. Ltd. Prerika Narang 5th Year, B.B.A. LL.B. (Hons.), Vivekananda Institute of Professional Studies, Delhi. ...
Ambit of Date of Default through the Lens of Judicial Pronouncements – By Shreeya Kabra
The date of Default plays a crucial role in the insolvency proceedings and influences the limitation period, CIRP initiation, etc. Hon’ble courts and tribunals, through judicial pronouncements, have created a uniform...
Symbolic Stake of Operational Creditors in the IBC – By Falak Doshi
Symbolic Stake of Operational Creditors in the IBC Falak Doshi Final-year LL.B Government Law College, Mumbai Before the Insolvency and Bankruptcy Code, 2016 (“the Code”) came into effect, there were multiple...
Catalyzing MSMEs through A Facilitative Distress Resolution Process – By Mathew Jacob
Catalyzing MSMEs through A Facilitative Distress Resolution Process Mathew Jacob LLM-IBL, NALSAR University of Law & Indian Institute of Corporate Affairs Introduction Micro, Small, and Medium Enterprises (MSMEs)...
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...
Interesting
