Cryptocurrency stands as a profound development of the 21st century, reshaping the financial landscape and posing unique regulatory challenges. With its unregulated allure, cryptocurrencies have swiftly become a force...
Blog
The IBC’s Debt Classification Tightrope: Navigating the Divide with Recent Judgments – By Vanshika Srivastava & Ayushi Inani
India’s insolvency regime is evolving, and the IBC continues to undergo changes. Clear distinctions between financial and operational debts are fundamental for effective insolvency resolution. The Supreme Court’s...
Director liability during financial distress- An interplay of the IBC, 2016 and the Companies Act, 2013 – By Dimpal Khotele
Director liability during financial distress- An interplay of the IBC, 2016 and the Companies Act, 2013 Dimpal Khotele 4th Year BBA LL.B(H), Amity Law School, Amity University, Chhattisgarh Directors have fiduciary...
Corporate Compliance in the Age of AI Regulation – Divyanshu Divyam
AI continues to evolve, so too will the regulatory landscape. For corporations, staying compliant requires ongoing vigilance, adaptability, and a commitment to ethical AI practices. By developing robust compliance...
An analysis into the case for a Dedicated Tribunal for insolvency matters in India – By Saurav Singh & Kanishka Agrawal
The evolution and implementation of the Insolvency and Bankruptcy Code, 2016 in India, marked by the establishment of the National Company Law Tribunal as the adjudicating authority for corporate insolvency, have been...
Case Comment on Vidarbha Industries Power Limited Vs. Axis Bank Limited, (2022) – Mahima Jayan
The Vidarbha case is critically analyzed as it goes against the objective of IBC to apply a cash flow trigger method of insolvency and adopted a position similar to that courts took prior to the IBC era which led us to...
Analysing Debt Financing in India: A Path to Corporate Insolvency? – Siddhant Saroj
Debt financing has increased in India, but at only 25% of total investing. This financial strategy, which involves borrowing funds rather than raising capital through equity, has inherent advantages that make it...
Whether Operational Debt constitutes lease rent, falling within the purview of Section 9 of the Insolvency and Bankruptcy Code. – By Sonal Shambhavi
Whether Operational Debt constitutes lease rent, falling within the purview of Section 9 of the Insolvency and Bankruptcy Code. Sonal Shambhavi 5th Year B.A., LL.B (H), Chanakya National Law University, Patna The...
Right to Claim Set-off under IBC in light of Bharti Airtel Ltd. – By Owais S. Khan
Bharti Airtel Judgement is surely yet another feather in the cap in the ever evolving landscape of IBC Jurisprudence. The Judgement upholds the inherent fact that during CIRP, it is the Promotion and protection of the...
Eligibility of an Ex-promoter or Director to submit a resolution plan – Kantabathina Jaswanth Reddy
While Section 29A imposes significant restrictions, it does not blanketly exclude all promoters or former directors from the resolution process. Each case must be assessed individually against the criteria in Section...