Based on Section 7 of the Insolvency and Bankruptcy Code, 2016, financial creditors wield a crucial tool to initiate Corporate Insolvency Resolution Processes (CIRP) against defaulting corporate debtors. This provision...
Recent Publication
Group Arbitrations vis-à-vis the ‘Group of Companies’ Doctrine in India – By Tazeen Ahmed & SK Raqueeb
Group Arbitrations vis-à-vis the ‘Group of Companies’ Doctrine in India Tazeen Ahmed & SK Raqueeb 5th Year, B.A. LL.B.(Hons.), Faculty of Law, Jamia Millia Islamia, New Delhi Abstract Recently, class, collective...
Liquidation Procedure, Regulation and Liability of a Purchaser of an Asset in a Liquidation Process – By Jose S Jose
Liquidation Procedure, Regulation and Liability of a Purchaser of an Asset in a Liquidation Process Jose S Jose Seventh Semester, B.A. LL.B.(Hons.), National University of Advanced Legal Studies (NUALS), Kochi The...
Privileges and Professional Secrecy in attorney-client relationship – By Purbasha Panda
Privileges and Professional Secrecy in attorney-client relationship Purbasha Panda (Independent Corporate Counsel) Introduction The attorney-client relationship stands as the bedrock of the Indian legal system. The...
Holding Company under Corporate Insolvency Resolution Process, as a Guarantor of its Subsidiary Company – By Owais S.Khan
Holding Company under Corporate Insolvency Resolution Process, as a Guarantor of its Subsidiary Company Owais S. Khan Final Year Student, Government Law College, Mumbai Recently, the Hon’ble Supreme Court (SC) in the...
SARFAESI 2002 prevails over Transfer of Property Act 1882: A Critical Analysis Of Celir LLP V. Bafna Motors – By Aryaditya Chatterjee
The Supreme Court’s decision may be a sigh of relief for the secured creditors wherein they will not be interrupted by the borrower after issuance of sale notice. However, the borrower’s rights are taking a major hit...
Substance over Form: Supreme Court’s Approach to Security Deposits as Financial Debt in Insolvency Cases – By Urja Joshi & Soumya Tongaonkar
Substance over Form: Supreme Court’s Approach to Security Deposits as Financial Debt in Insolvency Cases Urja Joshi Law Graduate, B.B.A, LL.B (Hons.), SVKM’s Narsee Monjee Institute of Management Studies...
Insolvency
Initiation of Corporate Insolvency Resolution Process by Financial Creditors under Section 7 of the IBC: Scope, Requirements, and Procedures – By Shivam Jadaun
Based on Section 7 of the Insolvency and Bankruptcy Code, 2016, financial creditors wield a crucial tool to initiate Corporate Insolvency Resolution Processes (CIRP) against defaulting corporate debtors. This provision...
Liquidation Procedure, Regulation and Liability of a Purchaser of an Asset in a Liquidation Process – By Jose S Jose
Liquidation Procedure, Regulation and Liability of a Purchaser of an Asset in a Liquidation Process Jose S Jose Seventh Semester, B.A. LL.B.(Hons.), National University of Advanced Legal Studies (NUALS), Kochi The...
Navigating Interest and Damages in Provident Funds: Various Judicial Perspective – By Rishita Sinha
Navigating Interest and Damages in Provident Funds: Various Judicial Perspective Rishita Sinha 4th Year, BBA LL.B., National Law University Odisha What are Provident Funds ? The Insolvency and Bankruptcy Code of 2016...
Empowerment of Committee of Creditors in the Replacement of Resolution Professionals under the Insolvency and Bankruptcy Code, 2016 – By Namrata Ghosh & Soubhagya Khandual
Empowerment of Committee of Creditors in the Replacement of Resolution Professionals under the Insolvency and Bankruptcy Code, 2016 Namrata Ghosh 3rd Year B.A. LL.B.(Hons.), National Law University, Odisha &...
Holding Company under Corporate Insolvency Resolution Process, as a Guarantor of its Subsidiary Company – By Owais S.Khan
Holding Company under Corporate Insolvency Resolution Process, as a Guarantor of its Subsidiary Company Owais S. Khan Final Year Student, Government Law College, Mumbai Recently, the Hon’ble Supreme Court (SC) in the...
Substance over Form: Supreme Court’s Approach to Security Deposits as Financial Debt in Insolvency Cases – By Urja Joshi & Soumya Tongaonkar
Substance over Form: Supreme Court’s Approach to Security Deposits as Financial Debt in Insolvency Cases Urja Joshi Law Graduate, B.B.A, LL.B (Hons.), SVKM’s Narsee Monjee Institute of Management Studies...
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
