India Columns

A Corporate Debtor in respect of whom a liquidation order has been made is not entitled to make an application to initiate CIRP against other Corporate Debtor

Date: Jul 11, 2022

NCLAT held that as per Section 11 of the Code, the liquidator on behalf of the Corporate Debtor can not initiate insolvency proceedings under the Code against other Corporate Debtor, but he can...

CORPORATE INSOLVENCY RESOLUTION PROCESS - WITHDRAWAL OF APPLICATION

Date: Jul 11, 2022

National Company Law Appellate Tribunal held that where application filed for withdrawal of CIRP under section 12A by promoter was approved by Committee of Creditors by more than 90 per cent voting...

The victim has the right to participate in every stage of the trial from investigation to the culmination of the trial in appeal or revision.

Date: Jul 11, 2022

It has been held by the Apex Court in Jagjeet Singh And Ors. v. Ashish Mishra @ Monu And Anr. that a victim has the right to participate and be heard in every stage of the trial right from...

While transferring a case, the convenience of all the stakeholders i.e., complainant or victim and the accused have to be taken into consideration.

Date: Jul 11, 2022

In Amit Singh v. State Of U.P. And 3 Others, the Allahabad High Court categorically mentioned that while transferring a criminal case, the convenience of not only the complainant/victim has to be...

The Insolvency and Bankruptcy Code, 2015 is constitutionally valid

Date: Jul 11, 2022

This is one of the most prominent cases decided by the Supreme Court and it dealt with the constitutional legality of the Insolvency and Bankruptcy Code, 2016's numerous provisions (hereinafter IBC...

SC upholds the constitutional validity of amendments to the Insolvency and Bankruptcy Code (Amendment) Act, 2016

Date: Jul 11, 2022

In Manish Kumar and others vs. Union of India, the Supreme Court of India ruled against a group of real-estate project allottees who had challenged the revisions to the Insolvency and Bankruptcy Code...

NCLAT on Whether Entries in Balance Sheet are an Acknowledgment of Debt

Date: Jul 11, 2022

The Hon'ble NCLAT determined that the annual return and balance sheet entries are required by law and must be made under statutory compulsion. The NCLAT went on to say that because this is necessary...

NCLAT Decides On The Requirement Of Seeking Government Approval For Making An Insolvency Application

Date: Jul 11, 2022

The National Company Law Appellate Tribunal (NCLAT), in A.J. Agrochem v Duncans Industries Limited, passed an order deciding the issue of whether approval of the Central Government under Section...

Supreme Court on the Relationship between Insolvency and Winding-up Proceedings

Date: Jul 11, 2022

The Hon’ble Supreme Court of India in the matter of has held that a financial creditor’s application under Section 7 of the Insolvency and Bankruptcy Code,2016 (“Code”) is an independent proceeding...

NCLAT Decides On The Requirement Of Seeking Government Approval For Making An Insolvency Application Against A Tea Company

Date: Jul 11, 2022

The National Company Law Appellate Tribunal (NCLAT) set aside the order of the National Company Law Tribunal, Kolkata Bench (NCLT) and inter alia held that no prior approval/sanction of the Central...

The Burden of Proof of proving that a piece of land was voluntarily surrendered falls on the Panchayat or the Municipality claiming it.

Date: Jul 11, 2022

The Supreme Court in Kalyani (D) vs Sulthan Bathery Municipality categorically held that a person’s land can be taken/acquired only with the due process of law, and if the land has been voluntarily...

Corporate Insolvency Resolution can be initiated against a struck-off company

Date: Jul 11, 2022

The National Company Law Appellate Tribunal (NCLAT) has held that a creditor can file an application requiring the restoration of the name of a dissolved/struck-off company in the register of...

A financial creditor cannot intervene or oppose the admission of a corporate insolvency resolution process by another financial creditor

Date: Jul 11, 2022

The National Company Law Appellate Tribunal has held that a financial creditor cannot intervene or oppose the admission of the application under Section 7 of the Insolvency and Bankruptcy Code, 2016...

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India Columns

A Corporate Debtor in respect of whom a liquidation order has been made is not entitled to make an application to initiate CIRP against other Corporate Debtor

CORPORATE INSOLVENCY RESOLUTION PROCESS - WITHDRAWAL OF APPLICATION

The victim has the right to participate in every stage of the trial from investigation to the culmination of the trial in appeal or revision.

While transferring a case, the convenience of all the stakeholders i.e., complainant or victim and the accused have to be taken into consideration.

The Insolvency and Bankruptcy Code, 2015 is constitutionally valid

SC upholds the constitutional validity of amendments to the Insolvency and Bankruptcy Code (Amendment) Act, 2016

NCLAT on Whether Entries in Balance Sheet are an Acknowledgment of Debt

NCLAT Decides On The Requirement Of Seeking Government Approval For Making An Insolvency Application

Supreme Court on the Relationship between Insolvency and Winding-up Proceedings

NCLAT Decides On The Requirement Of Seeking Government Approval For Making An Insolvency Application Against A Tea Company

The Burden of Proof of proving that a piece of land was voluntarily surrendered falls on the Panchayat or the Municipality claiming it.

Corporate Insolvency Resolution can be initiated against a struck-off company

A financial creditor cannot intervene or oppose the admission of a corporate insolvency resolution process by another financial creditor

Preventive Detention cannot be ordered without solid ground against a person.

Suits for Possession and Partition in Indian Law

The mere existence of a debt does not preclude the development of a default.

Claim not barred by limitation if appellant approaches appropriate forum in time

Paradigm Shift in Insolvency Law in India

NCLAT Has The Power To Grant Ad-Interim Reliefs Under Rule 11 Of The NCLT Rules 2016

Resolution vs. Liquidation: The Real Spirit of Insolvency and Bankruptcy Code, 2016