Multiple Section 9 filings under scrutiny: NCLAT’s efforts to prevent abuse of IBC Samriddhi & Pragya Saigal 3rd Year, B.A. LL.B. (Hons.), National Law University, Odisha Introduction In the recent case of M/s...
Recent Publication
Rohan Builders. v. Berger Paints: Time vs Justice in Arbitration – By Sharnam Agarwal
Rohan Builders. v. Berger Paints: Time vs Justice in Arbitration Sharnam Agarwal 2nd Year, B.A.LL. B (Hons.), National Law Institute University, Bhopal Introduction In India, Arbitration law is governed primarily by the...
Eva Agro Feeds Pvt. Ltd. v. Punjab National Bank: A Landmark Ruling – By Ananta Chopra
The case of Eva Agro Feeds Pvt. Ltd. v. Punjab National Bank, decided by the Supreme Court, represents a major shift in the insolvency landscape of India. This ruling upholds the finality of legitimate auctions and...
Tale of notifications issued by IBBI – Whether Retrospective or Not? – Kiran Sharma & Eshwarya Saraf
IBBI vested with enormous responsibilities for efficient execution of IBC endeavors to ensure that the clarification, notifications and/or circulars issued are for easier understanding and not create further confusion...
Conundrum around admission and payment of provident fund dues as per IBC – By Rohit Sharma
Conundrum around admission and payment of provident fund dues as per IBC Rohit Sharma Partner, Consultepreneurs LLP Advocates and Solicitors, Mumbai Introduction By way of a judgement dated 10.07.2024[1], in the matter...
Why Section 5 of The Limitation Act doesn’t affect Section 34 of Arbitration Act’s applications – By Vedant Mishra
Why Section 5 of The Limitation Act doesn’t affect Section 34 of Arbitration Act’s applications Vedant Mishra 4th Year, B.A. LL.B. (Hons.), National Law University Odisha Introduction The idea that...
Company Secretaries and Legal Representation: Board Approval or Not? – By Bhavya Sharma & Shivam Agrawal
The role of a Company Secretary in corporate governance has evolved to include greater responsibilities and statutory recognition, particularly under the Companies Act, 2013. As Key Managerial Personnel (KMP), Company...
Insolvency
Multiple Section 9 filings under scrutiny: NCLAT’s efforts to prevent abuse of IBC – By Samriddhi & Pragya Saigal
Multiple Section 9 filings under scrutiny: NCLAT’s efforts to prevent abuse of IBC Samriddhi & Pragya Saigal 3rd Year, B.A. LL.B. (Hons.), National Law University, Odisha Introduction In the recent case of M/s...
Eva Agro Feeds Pvt. Ltd. v. Punjab National Bank: A Landmark Ruling – By Ananta Chopra
The case of Eva Agro Feeds Pvt. Ltd. v. Punjab National Bank, decided by the Supreme Court, represents a major shift in the insolvency landscape of India. This ruling upholds the finality of legitimate auctions and...
Criticality of the Hour to introduce amendments to IBC enabling the Code to mature from nascency – By Adv. Sugandh Kochhar
The Code aims to encourage entrepreneurial spirit, but in practice, lenders often dominate the insolvency process, treating it as their own domain. The “commercial wisdom of the CoC” should not be regarded as absolute...
Tale of notifications issued by IBBI – Whether Retrospective or Not? – Kiran Sharma & Eshwarya Saraf
IBBI vested with enormous responsibilities for efficient execution of IBC endeavors to ensure that the clarification, notifications and/or circulars issued are for easier understanding and not create further confusion...
The Varying Colors of Dues Payable to the Government in the IBC Regime – A Hue of Trust – By Aditya Vyas
The Varying Colors of Dues Payable to the Government in the IBC Regime – A Hue of Trust Aditya VyasAdvocate, Supreme Court of India Introduction The Indian landscape on the nature of dues payable to the government under...
Conundrum around admission and payment of provident fund dues as per IBC – By Rohit Sharma
Conundrum around admission and payment of provident fund dues as per IBC Rohit Sharma Partner, Consultepreneurs LLP Advocates and Solicitors, Mumbai Introduction By way of a judgement dated 10.07.2024[1], in the matter...
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
