The National Company Law Appellate Tribunal observed that it is pertinent for the adjudicating authority to discern, first, whether the directors or promoters of the company are barred by the...
The National Company Law Appellate Tribunal (NCLAT) rejected Edelweiss Asset Restoration Company's multiple pleas challenging the National Company Law Tribunal (NCLT) order of August 2, 2017, that...
The Supreme Court established the law regarding the applicability of Article 137 of the Limitation Act, 1963 upon transfer of winding up petitions to the National Company Law Tribunal (NCLT) under...
NCLAT held that a successful bidder cannot shun the contractual obligations and withdraw the bid after payment of Earnest Money Deposit and seek a refund of the amount on the ground that the offer...
The case involves a challenge to the amended compensation portion of a prior Delhi High Court ruling. The appellant's parents perished in an accident close to Punjab. The National Insurance Company...
Numerous legal issues about the precedence of IBC over other laws have previously been established by the confluence between IBC and other laws. When there is a conflict between the IBC and other...
In a recent judgment, the Madras High Court reiterated that either husband or wife can seek divorce on the ground that the other spouse is not ready to consummate the marriage after solemnization....
The Supreme Court in Rekha Jain vs State of Karnataka held that to make out a case against a person for the offence under Section 420 of the Indian Penal Code, there must be a dishonest inducement to...
In the instant case titled Sanjay Kumar Ruia vs. Catholic Syrian Bank Ltd. & Anr. three issues were raised before the NCLAT: Whether the NCLT has the power to convert the CIRP into a Fast Track CIRP...
The Hon’ble Supreme Court held that (i) prohibition placed by the Parliament in Section 29A and Section 35(1)(f) of the Insolvency and Bankruptcy Code, 2016 (IBC) must also attach itself to a scheme...
The Hon'ble Supreme Court of India issued a ruling in ArcelorMittal India Private Limited v. Satish Kumar Gupta on October 4, 2018, interpreting Section 29A of the Insolvency and Bankruptcy Code,...
On several instances, petitions filed under section 9 of the Insolvency and Bankruptcy Code, 2016 (the Code) have been scrutinised by the adjudicating body, which has included the National Company...
The Insolvency and Bankruptcy Code (Second Amendment) Act, 2018, which included "real estate allottees" within the meaning of "financial creditors" under Section 5(8)(f) of the Insolvency and...
Most often than not, abandonment of a contract is referred to as a breach of the terms of the contract or refusal to perform the contract, but it is not so. Very recently, the Supreme Court observed...
The Allahabad High Court in Chndra Prakash Sharma v. State Of U.P And Another observed that the depth of penetration is immaterial when a person is charged with an offence of rape, denied bail to the...
The Apex Court upheld the decision of the NCLAT and concluded that the requisite percentage had not approved the resolution plans of IIL and KSPIPL of the voting share of the financial creditors and...
The Allahabad High Court in Suresh Yadav Opposite Party v/s State Of U.P. Thru Addl.Chief Secy Deptt. Home while denying bail to the accused applicant stated that the heinous crime accused can not...
An Analytical Study of Section 58 of the Kerala Abkari Act: Possession of Illicit Liquor and the Burden of Knowledge Introduction The Kerala Abkari Act, 1 of 1077 (ME), is a comprehensive legislation...
The Insolvency and Bankruptcy Code of 2016 allows for the withdrawal of the corporate insolvency resolution process within the parameters of Section 12A, which was added to the code in 2018. Section...
The Supreme Court in Sudhir Ranjan Patra (D) vs Himansu Sekhar Srichandan observed that when an ex parte decree is set aside and the suit is restored to file, the defendants cannot be relegated to...