India Columns

Forcible Dispossession of Private Property is violative of Human & Constitutional Rights.

Date: Jul 11, 2022

In a case titled Sukh Dutt Ratra vs State of Himachal Pradesh, the Supreme Court held that forcible dispossession of private property of a person without following the due process of law is violative...

Group of Companies Doctrine- Scope and Analysis.

Date: Jul 11, 2022

The Supreme Court in Oil and Natural Gas Corporation Ltd. vs Discovery Enterprises Pvt. Ltd explained the ‘Group of Companies’ doctrine which says that an arbitration agreement entered into by a...

Life Sentence means imprisonment till the last breath

Date: Jul 11, 2022

The Allahabad High Court in Phool Singh And Another v. State of U.P. clarified that the sentence of imprisonment of life is till the natural life of the accused which cannot be fixed in years by the...

Recovery Certificate Holder Can Initiate CIRP As Financial Creditor Under IBC

Date: Jul 11, 2022

The Supreme Court held that a liability arising out of a claim under the Recovery of Debts and Bankruptcy Act, 1993 is a "financial debt" under Section 5(8) of the Insolvency and Bankruptcy Code,...

CIRP Cannot Be Initiated Solely For Interest Amount if The Principal Amount Is Discharged

Date: Jul 11, 2022

The National Company Law Tribunal, New Delhi Bench held that the Corporate Insolvency Resolution Process ("CIRP") cannot be initiated against a Corporate Debtor solely on the basis of the unpaid...

Under IBC, a collusive transaction does not result in the establishment of financial debt.

Date: Jul 11, 2022

In the case of Phoenix Arc Pvt. Ltd. v. Spade Financial Service Ltd (2021), a three-judge bench of the Supreme Court held that a collusive transaction does not result in the creation of financial...

Adjudicating authority must look into the issue of fraudulent initiation of proceedings under IBC

Date: Jul 11, 2022

Considering the provision of Section 65 of the IBC, it is necessary for the Adjudicating Authority if such an allegation is raised to go into the same. In case, such an objection is raised or an...

Limitation Act is applicable to applications filed under Sec. 7 and 9 of the Code from the inception of the Code

Date: Jul 11, 2022

The Supreme Court held that provisions of the Limitation Act, 1963 are applicable to applications filed by financial and operational creditors under Sections 7 and 9 of the Code from the “inception...

Under IBC, a collusive transaction does not result in the establishment of financial debt.

Date: Jul 11, 2022

In the case of Phoenix Arc Pvt. Ltd. v. Spade Financial Service Ltd (2021), a three-judge bench of the Supreme Court held that a collusive transaction does not result in the creation of financial...

AA couldn't rule whether an Assignment Agreement assigned to clear financial dues from a corporate debtor was valid, can't be used to claim malicious intent on the part of the financial creditor.

Date: Jul 11, 2022

Due to a CIRP being filed against the successful RA, the AA directed the RP to re-invite EoIs. The Appellant claimed that the CIRP procedure had already taken 1091 days and that a settlement plan...

Section 32A read with Section 31 & 29A of the Insolvency and Bankruptcy code

Date: Jul 11, 2022

The Hon'ble National Company Law Appellate Tribunal (NCLAT), after considering the submissions of the Ministry of Corporate Affairs (MCA) and the steps were taken by the 'Directorate of Enforcement',...

Secured creditors opting out of the liquidation process cannot sell assets to persons ineligible to be a resolution applicant

Date: Jul 11, 2022

The National Company Law Appellate Tribunal has held that a secured financial creditor while opting out of the liquidation process is barred from selling secured assets to promoters or its related...

Fixing fees of Resolution Professional in addition to expenses, without examining the basis or reasonableness of his claim, amounts to abdication in the exercise of jurisdiction by NCLT or NCLAT

Date: Jul 11, 2022

Supreme Court allows the appeal, holds that NCLT, have to consider the basis and reasonableness of claim for fee and expenses payable to Resolution Professional, and cannot pass ad hoc orders In the...

Exhausting the alternate remedy is the rule, entering a writ petition is an exception

Date: Jul 11, 2022

In a case titled A Pitchaiah v. The Managing Director and Ors, the Madras High Court held that disputed facts cannot be adjudicated in writ proceedings and that all alternative remedies must be...

LAW OF BAIL- THE ACCOUNTABILITY FOR USING POWER OF DISCRETION

Date: Jul 11, 2022

The Apex Court has time and again reiterated that grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain...

Mizo Customary Law: Inheritance depends upon the responsibility carried out by the legal heir to look after elders.

Date: Jul 11, 2022

The Supreme Court in Smt. Kaithuami [L] vs Smt. Ralliani observed that inheritance depends upon the factor that whether or not the person supports the deceased in his old age. Only the person...

Apex Court lifts ban on Cryptocurrencies

Date: Jul 11, 2022

The Reserve Bank of India's circular was struck down by the Apex Court. The circular appears to be aimed at prohibiting the trading of virtual currencies, commonly known as cryptocurrencies. The...

Reverse Corporate Insolvency Process allowed by the National Company Law Appellate Tribunal in case of real estate infrastructure developers and builders

Date: Jul 11, 2022

The National Company Law Appellate Tribunal (‘NCLAT’) took a practical approach bordered on survival of the business and satisfying the interests of the stakeholders involved and introduced the...

A flourishing judgement for Operational Creditors

Date: Jul 11, 2022

The NCLAT's judgement, in this case, has proven to be a watershed moment. Apart from explaining the most significant and pivotal problems in the Binani case, it has also established a precedent for...

Claims that are not submitted in accordance with the Resolution Plan would stand extinguished.

Date: Jul 11, 2022

This long-awaited decision addressed a number of issues with the Corporate Insolvency Resolution Process (CIRP). This case stems from a series of appeals challenging the NCLAT's ruling in the Essar...

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