In its ruling dated November 29, 2021 ("Judgement") in the case of Hubtown Limited v. GVFL Trustee Company Private Limited [M.A. 2411/2019 IN C.P. 4128/I&B/MB/2018 and others], the National Company...
The Adjudicating Authority (NCLT), Allahabad Bench rejected the appellant's application under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code" for short) against respondents (the...
Under Section 7 of the Insolvency and Bankruptcy Code, 2016, homebuyers Shilpa Jain and Akash Jain (collectively, "Respondents") submitted an application to start a corporate insolvency resolution...
Subsidiary Rules of Interpretation in Indian Jurisprudence Introduction The interpretation of statutes is a cornerstone of the judicial function. While primary rules of interpretation, such as the...
The corporate petition was submitted by M/s Cloudwalker Streaming Technologies Pvt. Ltd. under Section 9 of the Insolvency & Bankruptcy Code, 2016 against the Corporate Debtor on the grounds that it...
On January 18, 2017, NICCO Corporation Limited ("NICCO") was accepted into the corporate insolvency resolution process under Section 10 of the IBC, 2016. NICCO owns 1,17,00,000 shares of NICCO Parks...
In its ruling dated March 11, 2022 ("Judgement") in the case of Sikander Singh Jamuwal v. Vinay Talwar Resolution Professional and Others [Company Appeal (AT) (Ins)No. 483 of 2019], the National...
The National Company Law Tribunal ("NCLT") has been found to lack the authority to suo moto classify a transaction as a preferential transaction under the provisions of the Insolvency and Bankruptcy...
The Hon'ble Apex Court, in its ruling, overturned the NCLAT's observations that Section 14(1)(d) of the I&B Code forbade the recovery of "occupied" property and that only actual physical occupation...
The Gujarat High Court in Shaileshgiri Mohangiri Meghnathi v/s State Of Gujarat who had allegedly eloped for 3 years with a huge amount of money during the execution of a sale deed. Terming it as a...
The Supreme Court in Paramjit Singh v/s The State Of Punjab remarked that NDPS matters are not usual matters and that over 2000 offenders are absconding. It has asked the State to put in place...
The National Company Law Appellate Tribunal ("NCLAT"), while supporting the decision of the National Company Law Tribunal, New Delhi Bench ("NCLT"), held in a significant decision that the successful...
The Evolving Dichotomy: An Analysis of Administrative and Quasi-Judicial Functions in Indian Law I. Introduction In the expansive realm of Indian administrative law, the classification of...
The name of the appellant company was removed by the Registrar of Companies because, in accordance with Section 455 of the Companies Act of 2013, it had not been engaged in any business or operations...
In Dheeraj Wadhawan v. The Administrator, Dewan Housing Finance Corporation Ltd., the National Company Law Appellate Tribunal, New Delhi Bench (NCLAT) determined that "supersession of directors"...
The Suo Motu Limitation Extension Orders passed by the Supreme Court of India are applicable to the filing of written statements in Commercial Courts, the Supreme Court of India recently held in a...
The Securities and Exchange Board of India (SEBI) is required to disclose the Investigation Report prepared by an Investigating Authority [under Regulation 9 of the SEBI (Prohibition of Fraudulent...
The displeased party appealed the impugned order issued by the Honourable NCLT, New Delhi Bench, which instructed the Central Government to order an investigation into the Corporate Debtor's affairs...
The petitioner's claim was that the corporate debtor refused to pay gratuity, EL encashment, and LTC despite the fact that he had worked as an employee for the corporate debtor company and reached...
To promote standardisation and openness in the real estate industry, the Real estate (Regulation and Development) Act, 2016 (RERA) was passed. Even though the law is new and evolving, there are still...