The rise of municipal bonds in India, driven by SEBI regulations and indices like the Nifty India Municipal Bond Index, represents a key milestone in municipal finance. These bonds offer promising funding for...
Revamping Antitrust for Digital Ecosystems: Towards a New Regulatory Paradigm – By Suhani Suman
Various jurisdictions are taking multiple steps to prevent any anti- competitive action while working towards revamping their anti-trust to the new digital economy. Like at present various countries Anti-trust...
Conflict between PMLA and IBC – Nihal Keshav
It is pretty evident that both the acts come into conflict when both assert the claim over the same asset. Further, the presence of a non-obstante clause in both statutes further complicated the situation. Indian...
A Study on Doctrine of Public Policy under Cross Border Insolvency – By K Yamini Reddy and Devendra Sai Kumar Musunuri
That several potential issues related to cross-border insolvency have been identified in the extensive research on the subject in recent years. An important question is whether these issues are acknowledged in all...
Case Analysis on B.K. Educational Services (P) Ltd. V. Parag Gupta & Associates – By Sanchita Gaur
The Amendment Act was introduced to stop bankruptcy cases from using previous claims, dead and stale claims. Recent rulings by the NCLAT, however, indicate that more clarification is required. The Limitation Act may be...
Case Law Analysis on State Tax Officer Vs. Rainbow Papers Ltd. – By Adv. Barkha Bansal
The main legal problem was whether the government is a secured creditor who has the right to claim satisfaction of its debt at first as per the meaning of section 48 of GVAT Act or whether the government is to receive...
The Blanket of Barring Suits: Moratorium Under Section 14 of IBC – By Abhinav Mishra
The moratorium provision under section 14 of the Insolvency and Bankruptcy code serves as a crucial tool in the CIRP process by providing a calm period and temporary shield from disputes and initiation of suits and...
IBBI: Appointment of Executive Director (ED) on deputation basis
Appointment of Executive Director (ED) on deputation basis The Insolvency and Bankruptcy Board of India (IBBI), a statutory body established under the Insolvency and Bankruptcy Code, 2016, invites applications for 01...
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...
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...
The Compromised Position of “Secured Creditors” under The Real Estate Regulatory Authority Act, 2016 – By Aryaditya Chatterjee
It is clear that the position of the secured creditors have been compromised due to the judgments of the Supreme Court where the RERA has been given precedence over the SARFAESI . In such a scenario, the secured...
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...
Case Analysis on Adani Power Limited vs. Shapoorji Pallonji and Company – By Aneesh Singh
The Supreme Court’s decision that makes a remarkable change for contingent claims and RP passed in CIRP, the scene of insolvency and bankruptcy law in India, is a leading start point. With the ruling of Supreme Court...
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...
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...
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...
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...
Protected: Tale of notifications issued by IBBI – Whether Retrospective or Not? – Kiran Sharma & Eshwarya Saraf
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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...
Restating the Principle: Enforceability of an Award Rendered by an Ineligible Arbitrator – Sayyam Jain
Restating the Principle: Enforceability of an Award Rendered by an Ineligible Arbitrator Sayyam Jain(3rd Year Law Student at the Institute of Law, Nirma University) Introduction The Delhi High Court by its order dated...
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...
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...
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.
Protected: Authority to Appoint Sole Arbitrator Despite Contrary Agreement Affirmed: Analyzing Emerging Trends in Arbitrator Appointments – By Adwitiya Gupta & Suprava Sahu
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Upholding the Integrity of Insolvency Proceedings in RPS Infrastructure Ltd. V. Mukul Kumar & Anr. – By Ayush Verma and Lakshya Haritwal
The judgment marks a pivotal moment in the development of India's insolvency framework. By maintaining the integrity of the resolution process and underscoring the significance of adhering to established timelines, the...
The arbitrary imposition of the requirement of ‘a Resolution Plan meeting the Liquidation Value’, without considering the amount brought in by homebuyers goes against the legislative intent and causes the failure of CIRP – By Adv. Kiran Gopi
The article is about the curious case of failure of the Corporate Insolvency Resolution Process (CIRP) of a real estate developer (Corporate Debtor/ ‘CD’), wherein the Resolution Plans submitted by homebuyers were...