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...
Protected: Navigating Cross-Border Insolvency: Evaluating India’s Legal Framework and The UNCITRAL Model Law 2014 – By Aditi Rathore
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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...
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...