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...
The National Company Law Tribunal (NCLT) Kochi bench's ruling that the March 24 notification raising the threshold limit for insolvency proceedings to Rupees One Crore will only apply prospectively...
In the case of Prakash Gupta v. Securities Exchange Board of India (Criminal Appeal No. 569 of 2021, decided on July 23, 2021), the Supreme Court of India (SC) held that the approval of the...
The petitioners in the lawsuit argued that even though the 157 firms are operational, the impugned letter requests for the freezing and disgorgement of their assets to be liquidated. Due to Section...
In the present instance, an inspecting officer looked over a petitioner company. The inspecting officer noted that a total of Rs. 27.85 crore, which was shown as bad debts in the profit and loss...
The High Court established that the NCLT or its appellate court cannot call into question the Committee of Creditors' (CoC) decision to discontinue CIRP proceedings in the precedent-setting case of...
The NCLT's Kolkata Bench reaffirmed that the adjudicating body lacked the capacity to consider cases of money laundering in Rahul Carbon Commercials Private Limited v. Kohinoor Steel Pvt. Ltd.,...
Ejectment, Recovery of Rent, and Damages in Indian Tenancy Law: A Comprehensive Analysis Introduction The legal framework governing landlord-tenant relationships in India is multifaceted, involving a...
The Jurisprudence of Mesne Profits in India: A Comprehensive Analysis of Recovery Suits Introduction The concept of 'mesne profits' is a cornerstone of property law in India, designed to provide...
2019 Criminal Appeal Nos. 538–539 By itself, Section 212(3) of the 2013 Act does not specify a deadline for the submission of the Serious Fraud Investigation Office (SFIO) examination report. There...
The Court established that the NCLT or its appellate court cannot call into question the Committee of Creditors' (CoC) decision to discontinue CIRP proceedings in the precedent-setting case of Vallal...
Jasmine Buildmart Pvt. Ltd., a Gurgaon-based real estate company, is the appellant and the corporate debtor. It failed to deliver its housing project, Krrish Provence Estate, to its purchasers even...
In India, the corporate debtor manages and expands power generation assets. The Corporate Debtor invested Rs. 1996.54 crores in the construction of a 2 x 150 MW Thermal Power Plant in Bhadreshwar...
The application submitted by the appellant under Section 60(5) of the IBC (hence referred to as "the application") was refused by the Adjudicating Authority (AA), which is where the appeal stems from...
These two petitions, which involve the same parties and comparable concerns, have been brought up for resolution by this common order after being carefully studied together. Dr Vijay Mallya, the...
The petitioners were people who had their DIN deactivated as a result of failing to file financial statements or annual reports for their respective companies, which was grounds for disqualification...
According to the Delhi High Court, Section 2(31) of the 2013 Companies Act and the 2014 Companies (Acceptance of Deposits) Rules cannot be applied retroactively. According to a ruling by Justice...
In this instance, "State Bank of India" was the "Financial Creditor" that requested the start of the "Corporate Insolvency Resolution Process" against "Corporate Debtor" "M/s. Metenere Limited" under...
The appellant/promoter filed this appeal in opposition to the order made by the adjudicating authority (NCLT), Bengaluru Bench on January 8, 2020, which resulted in the liquidation of the corporate...
Orders Obtained by Fraud in Indian Jurisprudence: Nullity and Remedial Powers 1. Introduction The maxim “fraus et jus nunquam cohabitant” – fraud and justice never dwell together – has pervaded...