Manik Tanwar
Author DefaultThis 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...
Popular stories
India extends support to SCO Member Countries to enhance legal and judicial capabilities
Ministry of Law and Justice India extends support to SCO Member Countries to enhance legal and judicial capabilities The 10th meeting of the Ministers of Law and Justice of Shanghai Cooperation Organisation (SCO)...
When application for approval of Resolution Plan is yet to be filed, a better offer received from any Prospective Resolution Applicant(PRA) constitutes a changed circumstance, as such the CoC should be allowed to give a fair chance and level playing field to all other PRAs to enhance their Resolution Plans
The Division Bench of Smt. Bidisha Banerjee, Member (Judicial) and Shri D. Arvind, Member (Technical), NCLT, Kolkata has considered the preamble of the Insolvency and Bankruptcy Code and various case laws to hold that...
Probationers of Indian Corporate Law Service call on the President
President’s Secretariat Probationers of Indian Corporate Law Service call on the President The probationers of Indian Corporate Law...
Latest articles
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...
When application for approval of Resolution Plan is yet to be filed, a better offer received from any Prospective Resolution Applicant(PRA) constitutes a changed circumstance, as such the CoC should be allowed to give a fair chance and level playing field to all other PRAs to enhance their Resolution Plans
The Division Bench of Smt. Bidisha Banerjee, Member (Judicial) and Shri D. Arvind, Member (Technical), NCLT, Kolkata has considered the preamble of the Insolvency and Bankruptcy Code and various case laws to hold that...
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...
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...
Shubham Saini
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...
Riya Sagar
Shubhankar AgnihotriThird 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...
Aprajita Pandey
Siddharth Pardeshi
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...
Sukhmani Kaur
Amarpal Singh DuaCan 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.
International Arbitration : Need for International Arbitration – By Kratika Kushwah
The new law has been brought in a sea change in the law of arbitration and appears to be an improvement on the UNCITRAL Model Law. Its object inter alia is to be provide “a unified legal framework for the fair and...
Cross Border Insolvency and Its Challenges – By Rani Jha
The Gibbs rule can be overcome by applying international comity principles, resulting in a new cross-border insolvency regime being suggested in India. Victory over this archaic territorial rule would be a huge step...
Evaluation of Resolution Plans under Pre-packs – CS Gaurav Joshi
Pre-packs is altogether a new concept in Indian Insolvency regime. We will only have to wait and see how effective pre-packs turns out to be as it will have to undergo lot of challenges before various legal issues that...
Case Brief-Jurisdiction of Adjudicating Authority to issue Non-Bailable Warrant against Suspended Directors/Managements in case non-cooperation during Insolvency Proceedings
Case Brief of a recent case Vikram Puri (Suspended Director) Vs. Universal Buildwell Pvt. Ltd., reported at (2022) ibclaw.in 189 NCLAT.
Jurisdictional issues in Adjudicating the Company Matters – By Hemant Chaudhry
This article has explained the legal framework regarding the jurisdiction of company in adjudicating the matters along-with the legal issues which were raised pertaining to the jurisdiction which were resolved with the...
Grafting the impact on Corporate Governance in the aftermath of CIRP by the application of Insolvency and Bankruptcy Code, 2016 – By Satyaki Paul and Chandril Chattopadhyay
Grafting the impact on Corporate Governance in the aftermath of CIRP by the application of Insolvency and Bankruptcy Code, 2016 By Satyaki Paul, George School of Law, Konnagar, West Bengal and Chandril Chattopadhyay...
On Popular Demand: The Story of SPACs in India – By Nandini Shenai and Yashvi Gala
This Article aims to study the regulatory issues for SPACs in India, in light of SEBI’s plan to formulate a policy for SPACs. By way of this article, the authors have tried to navigate through the existing domestic...
Arbitration of Disputes relating to Insolvency law u/s 8 of Arbitration Act – By Deepanshi Gupta
A question arises as to the commencement of insolvency proceedings during the pending arbitration proceedings. If an arbitration proceeding is pending in an arbitral tribunal, that lands us to two outcomes: Read full...
Public offer & Private Placement of securities under Companies Act, 2013 – By Janhavi Shah
In case of a public offer there are more stringent disclosure requirements, and a prospectus is considered an important document in order to provide complete information to the members of the public and investors...
Can the Jurisdiction of a Debt Recovery Tribunal be transferred to another State? – By Avesta Vashishtha
Recently, the Supreme Court of India, while hearing the case of State Bar Council of Madhya Pradesh vs Union of India (2021) ibclaw.in 178 SC, asked the High court(s) to take up cases pending in different Debt Recovery...