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Corporate Law : The issue explains how businesses qualify as local suppliers under procurement rules. The key takeaway is that proper local conten...
Corporate Law : The Court noted that the temple was built and used by local residents for decades. It held that such collective acceptance negates...
Corporate Law : Economic reforms have reshaped employer-employee dynamics and legal structures. The analysis underscores balancing efficiency with...
Corporate Law : Organized crime laws relax traditional evidence rules to secure convictions. Courts balance this with safeguards against misuse. K...
Corporate Law : The High Court ordered rescheduling of bar elections after authorities failed to implement the Supreme Court’s 30% reservation f...
Corporate Law : The amendments replace the consultation committee with CoC oversight, giving creditors greater control over liquidation decisions....
Corporate Law : The proposal focuses on enabling creditors to initiate resolution while retaining debtor management under supervision. It sets out...
Corporate Law : The amendments arise from the inclusion of a unified “service provider” definition under the Code. The move expands regulatory...
Corporate Law : The issue addressed is ambiguity in authentication and evidentiary value of financial information in insolvency cases. The propose...
Corporate Law : The proposal aligns grievance regulations with the newly introduced definition under the amended Code. It aims to ensure uniform a...
Corporate Law : The Court held that repeated dishonour of cheque and non-payment after notice established a prima facie case. It refused to quash ...
Corporate Law : Bank of India Vs Neurostar Hospital Private Limited (NCLT Mumbai) The application was filed under Section 7 of the Insolvency and ...
Corporate Law : The Tribunal held that appeals filed beyond the statutory 45-day limit cannot be entertained. It ruled that delay exceeding the co...
Corporate Law : The Tribunal held that insolvency proceedings cannot be avoided when total debt is higher than the arbitral claim. It ruled that u...
Corporate Law : The issue involved rejection of a delayed claim in bankruptcy proceedings. The Tribunal held that concealment of material facts by...
Corporate Law : IRDAI delegates Section 34 powers between Whole Time Members and Chairperson. The move aims to streamline enforcement actions and ...
Corporate Law : The Bill mandates seat allocation using updated census figures, replacing decades-old data. It ensures fair representation aligned...
Corporate Law : The notification addressed mandatory reinsurance cession for general insurance policies. It mandates 4% cession to GIC Re, ensurin...
Corporate Law : The government approved a major fund to enhance startup funding through AIFs. The scheme aims to strengthen innovation, especially...
Corporate Law : EPFO permits de-linking of wrongly linked Member IDs even when contributions exist, subject to limits. The circular outlines a str...
One of the objectives of the Insolvency and Bankruptcy Code, 2016 (Code), as stated in its preamble, is to ‘balance the interests of all the stakeholders including alteration in the order of priority of payment of Government dues.’
The transformation of the Indian economy from being a license-raj regime to the present business-friendly destination of foreign investment has been an arduous one. Central to this success story is the sweeping changes made in the regulatory space with the new Goods and Services Tax and the Insolvency and Bankruptcy Code, 2016 (Code) as the hallmark of such efforts.
Multiple examples have come to light in the last two decades where mis-governance in corporations has led to significant market wide impact across jurisdictions. The remedial measures have resulted in enactment of strong corporate governance laws.
Mr. Umiikrishnan A. * What is a ‘safe harbour’ in insolvency proceedings and what is its impact? How do we justify the existence of such carve-outs in insolvency laws, which apparently do violence to the very fabric and object of insolvency proceedings? Does India require such safe harbours? If so, to what extent? Time and […]
Invitation of public views / suggestions on the Institutional framework for regulation and development of Valuation Professionals The Ministry of Corporate Affairs, vide its Order dated 30th August 2019, has constituted a Committee of Experts to examine the need for an Institutional framework for regulation and development of valuation professionals.
Introduction: The two wheels that are responsible for the working of industrial sector are – Labourers and Employers. To run the sector smoothly, both the parties are expected to work with co-operation and co-ordination. However, many a times, their interpersonal relations tend to stretch due to the typical industrial problems. Here, employer, being on a […]
The Insolvency and Bankruptcy Code (Code), passed by the Parliament of India in 2016, is one of the most important and comprehensive legal reform. For the first time in independent India, the law formally sets out a bankruptcy and insolvency resolution framework
Banks’ willingness to lend depends on their ability to get back the money that they have lent out. Banks lend to risky projects that are able to meet the debt repayment Schedule when they are successful but are unable to meet the banks’ claims when they fail.
Dr. M. S. Sahoo* A dialogue between two characters in a novel goes¹ like this: ‘How did you go bankrupt?’ Bill asked. ‘Two ways,’ Mike said, ‘Gradually and then suddenly.’ Most bankruptcies happen that way. The insolvency reforms in India also happened in the same way. While in the works for many years, the insolvency […]
Basics of RERA The much needed Real Estate (Regulation and Development) Act, 2016 came into effect on 1st May, 2016. 59 of 92 Sections of the Act were notified on 15 April, 2016 making them effective from May 1, 2016. This enabled preparation of Real Estate Rules, setting up of Regulatory Authorities and other infrastructure. […]
