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...
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...
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...
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...
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...
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...
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...
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...
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...
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 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...
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...
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...
The Supreme Court in Mallada K Sri Ram vs the State of Telangana observed that orders for preventive detention cannot be given just because a person is implicated in a criminal case. The court while...
Navigating Suits for Possession and Partition in Indian Law: A Doctrinal and Procedural Analysis Introduction The concepts of possession and partition are central to property jurisprudence in India....
The Supreme Court ruled that a single claim could not be used to establish default and admit a petition. In the instant case titled Indus Biotech (P) Ltd. v. Kotak India Venture (Offshore) Fund the...
NCLAT held that if the Appellant had approached the appropriate forum for appropriate remedy in time with the continuous cause of action, then the claim is not barred by Limitation. In the instant...
The Supreme Court issued its first comprehensive judgement on the implementation and operation of the Insolvency and Bankruptcy Code (Insolvency Code). The Court stated that it is issuing its...
The NCLAT held that Rule 11 of the National Company Law Tribunal Rules 2016 (NCLT Rules) recognises that the National Company Law Tribunal (NCLT) has inherent powers to pass orders for ensuring...
The Supreme Court held that Companies are typically formed with the goal of making a profit, but owing to financial constraints or other factors, situations may occur where the entity's survival...