The competitive environment has undergone a significant transformation as a result of the digital revolution, especially in the dynamic realm of online ecosystems. Conventional antitrust laws, which were developed in a...
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From Text to Intent: Evaluating Statutory Interpretation in STO v Rainbow Papers – By Dhruv Kohli and Sanya Singh
A prospective resolution applicant would now have to duly consider even government dues and the ambit of the term security interest which the parliament had restricted now stands vastly expanded. Reconsideration of the...
Impact of Corporate Insolvency Resolution Proceedings on Transitional Credits under GST: A Legal Analysis – By Devashish Jain
The ESL Steel case marks a significant chapter in understanding how GST and insolvency laws intersect, especially regarding transitional credits during CIRP. While the court's adoption of the clean slate theory aims...
Exploring the current state of undecided claims under the IBC – Aparana Sharan
The UNCITRAL Legislative Guide on Insolvency Law acknowledges the clean slate approach, emphasising the evaluation of successful insolvency resolution in terms of commercial certainty and simplicity. In this context...
Simplifying the off-ramp for entrepreneurs when it is time to close shop: In the light of Sec 271(a) of the Companies Act vs Section 10 of the IBC 2016 – By Adv. K. Senguttuvan, Adv. Sneha Tiwari and Adv. Himani Gill
The manner of recourse chosen is determined by variables such as eligibility, solvency, the company's asset-liability situation, and the level of judicial intervention, which varies depending on the circumstances and...
Life of a Resolution Plan – Formulation to Implementation – By Owais Khan
Life of a Resolution Plan – Formulation to Implementation Owais Khan LL.B- Government Law College, Mumbai Resolution Plan (RP) constitutes a very imperative document for a Corporate Debtor (CD) under the Insolvency and...
Transforming Insolvency: The Promise of Mediation in India’s Bankruptcy Landscape – By Lakshya Sharma
Transforming Insolvency: The Promise of Mediation in India’s Bankruptcy Landscape Lakshya Sharma 4th Year, B.A. LL.B. (Corporate law) at School of Law UPES, Dehradun Introduction Background of Insolvency and...
Arbitrability of Notional Claims: Dilemma for Creditors? – By Vishesh Gupta
According to clean slate theory, once the resolution plan is passed, all the claims against the corporate debtor are extinguished, and the resolution applicant gets a fresh start. The Delhi High Court in IOCL v. Arcelor...
Redevelopment Projects under Moratorium – Refuge for Developers? – By Owais Khan
Redevelopment Projects under Moratorium – Refuge for Developers? Owais Khan LL.B- Government Law College, Mumbai A Moratorium constitutes a very important element within the framework of Corporate Insolvency Resolution...
A Checkmate to the Guarantor’s Gambit? – Divya Sree Kamana
A Checkmate to the Guarantor’s Gambit? Divya Sree Kamana Final Year B.A. LL.B, Damodaram Sanjivayya National Law University Consider a scenario where an individual assumes responsibility for covering a...