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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 mandates detailed applications...

1 week ago

14 min read

Arbitration

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, group and mass arbitrations in...

2 weeks ago

15 min read

Companies Act 2013 Insolvency

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 Insolvency and Bankruptcy Code 2016...

2 weeks ago

8 min read

Insolvency

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 has facilitated insolvency and...

2 weeks ago

7 min read

Bharatiya Sakshya Adhiniyam, 2023

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 principle of attorney-client...

2 weeks ago

7 min read

Insolvency

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 &...

2 weeks ago

49 views

9 min read

Insolvency

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...

2 weeks ago

79 views

15 min read

Banking Debt Recovery SARFAESI

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...

2 weeks ago

90 views

8 min read

Arbitration

The Territorial Sovereignty Conundrum: A Barrier to Enforcement or a Bridge to Arbitration? – By Adv. Chetna Alagh

The Territorial Sovereignty Conundrum: A Barrier to Enforcement or a Bridge to Arbitration? Adv. Chetna Alagh (Advocate at the High Court of Delhi) Recognizing and enforcing foreign arbitral awards has always been...

2 weeks ago

49 views

8 min read

Insolvency

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...

2 weeks ago

57 views

11 min read

Negotiable Instrument Act

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...

2 weeks ago

192 views

8 min read

Insolvency

Classifying the costs of a terminated project as CIRP costs: A Judicial Outlook – By C A P Sai Srinivas

Classifying the costs of a terminated project as CIRP costs: A Judicial Outlook C A P Sai Srinivas VthYear, B.com LL.B. (Hons.), School of Law Lovely Professional University Introduction The Corporate Insolvency...

2 weeks ago

70 views

9 min read

Insolvency

A Study on Inherent Power of NCLT to Recall a CIRP – Aditya Kumar & Aditya Narayan

A Study on Inherent Power of NCLT to Recall a CIRP Aditya Kumar & Aditya Narayan (3rd Year, B.A. (Hons. LL.B.), Chanakya National Law University, Patna. ) Abstract In this article, the authors analyse that the...

2 weeks ago

94 views

13 min read

Arbitration Insolvency

Case Analysis on RPS Infrastructure Ltd. vs. Mukul Kumar & Anr. – By Adv. Gurupriyan.S

Case Analysis on RPS Infrastructure Ltd. vs. Mukul Kumar & Anr. Adv. Gurupriyan.S (LL.M in Corporate & Financial Law & Policy, OP Jindal Global University, Sonipat) Introduction The case of RPS...

3 weeks ago

43 views

11 min read

Insolvency

Spilt Relief: The Compartmentalization of COVID Period Under Section 10A of IBC – By Malak Bhatt & Samridhi

Spilt Relief: The Compartmentalization of COVID Period Under Section 10A of IBC Malak Bhatt & Samridhi(Malak is the Founding Partner, NM Law Chambers and Samridhi is an Associate at NM Law Chambers) The Insolvency...

3 weeks ago

109 views

9 min read

Arbitration

New avenue to breaches of confidentiality under Indian Arbitration Law – By Anshika Kaushik

In conclusion the recent ruling in the case of Kamaladitya Constructions Pvt. Ltd. v. UOI highlights critical juncture in the Indian arbitration law. It is usually difficult to end the mandate and find a new arbitrator...

3 weeks ago

76 views

10 min read

Insolvency

Treatment of Invoice Factoring under The Code – By Sriram Venkatavaradan & Saai Sudharsan Sathiyamoorthy

Treatment of Invoice Factoring under The Code Sriram Venkatavaradan & Saai Sudharsan Sathiyamoorthy Advocates Introduction A typical factoring agreement involves a company legally assigning its outstanding invoices...

3 weeks ago

131 views

10 min read

Initiation of Corporate Insolvency Resolution Process by Financial Creditors under Section 7 of the IBC: Scope, Requirements, and Procedures – By Shivam Jadaun

Group Arbitrations vis-à-vis the ‘Group of Companies’ Doctrine in India – By Tazeen Ahmed & SK Raqueeb

Liquidation Procedure, Regulation and Liability of a Purchaser of an Asset in a Liquidation Process – By Jose S Jose

Navigating Interest and Damages in Provident Funds: Various Judicial Perspective – By Rishita Sinha

Privileges and Professional Secrecy in attorney-client relationship – By Purbasha Panda

Empowerment of Committee of Creditors in the Replacement of Resolution Professionals under the Insolvency and Bankruptcy Code, 2016 – By Namrata Ghosh & Soubhagya Khandual

Holding Company under Corporate Insolvency Resolution Process, as a Guarantor of its Subsidiary Company – By Owais S.Khan

SARFAESI 2002 prevails over Transfer of Property Act 1882: A Critical Analysis Of Celir LLP V. Bafna Motors – By Aryaditya Chatterjee

The Territorial Sovereignty Conundrum: A Barrier to Enforcement or a Bridge to Arbitration? – By Adv. Chetna Alagh

Substance over Form: Supreme Court’s Approach to Security Deposits as Financial Debt in Insolvency Cases – By Urja Joshi & Soumya Tongaonkar

Court’s tryst to unburden their shoulders in the cases of Section 138 of NI Act: ADR as the way forward – By Anand Shankar

Classifying the costs of a terminated project as CIRP costs: A Judicial Outlook – By C A P Sai Srinivas

A Study on Inherent Power of NCLT to Recall a CIRP – Aditya Kumar & Aditya Narayan

Case Analysis on RPS Infrastructure Ltd. vs. Mukul Kumar & Anr. – By Adv. Gurupriyan.S

Spilt Relief: The Compartmentalization of COVID Period Under Section 10A of IBC – By Malak Bhatt & Samridhi

New avenue to breaches of confidentiality under Indian Arbitration Law – By Anshika Kaushik

Treatment of Invoice Factoring under The Code – By Sriram Venkatavaradan & Saai Sudharsan Sathiyamoorthy

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