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Category:
Insolvency
Commercial wisdom of the liquidator upheld by the Supreme Court
September 14, 2022
Under the Insolvency and Bankruptcy Code, 2016 (Code), if a corporate debtor is unable to pay its debts, then insolvency…
Affixing Liability: Lifting the Corporate Veil Under Insolvency Law in India
August 29, 2022
Under corporate law, it is a well settled principle that a company has a juristic existence which is independent of…
Withdrawal & settlement under liquidation
August 18, 2022
While the corporate insolvency resolution process (CIRP) is underway, sometimes it is common for the creditor and the entity under…
Licensing of premises is a ‘Service’ under insolvency law
July 29, 2022
Under the Insolvency and Bankruptcy Code, 2016 (Code), a trade creditor may initiate corporate insolvency resolution process if there is…
Supreme Court clarifies the rights of recovery certificate holders under the Insolvency and Bankruptcy Code
June 23, 2022
The Insolvency and Bankruptcy Code, 2016 (Code) was enacted to consolidate and amend the laws relating to reorganization and insolvency…
Regulate Now versus Pay Later
May 23, 2022
The Master Direction The Reserve Bank of India (RBI) recently released a master direction on the issuance and conduct of…
Insolvency Law: Decree Holder not at par with a Financial / Operational Creditor
May 9, 2022
Introduction The Insolvency and Bankruptcy Code, 2016 (“Code”) was enacted with a primary objective of timebound reorganisation and insolvency resolution…
NCLAT resolves jurisdictional conundrum of NCLT vis-à-vis Personal Guarantor
March 1, 2022
Recent conflicting judgments of the National Company Law Tribunal (NCLT) and the High Courts had given rise to ambiguity regarding…
Proposed amendments to IBC
January 17, 2022
Ministry of Corporate Affairs proposes changes to the Insolvency and Bankruptcy Code for time bound resolution of stressed assets. Ministry…
The Moratorium and Termination of Agreements
December 20, 2021
On 23 November 2021, the Supreme Court of India, in the case of TATA Consultancy Services Ltd. v. Vishal Ghisulal Jain,…
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