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Corporate Law : Punjab & Haryana HC grants relief to son of a soldier injured in anti-terror operation in J&K, asserting his entitlement to a job ...
Corporate Law : Understand the applicability, compliance, penalties, and best practices of the POSH Act for Private Limited Companies in India wit...
Corporate Law : Learn how companies can build stakeholder trust through communication, engagement, transparency, and a structured redressal mechan...
Corporate Law : Trademarks are critical for businesses to differentiate their goods or offerings from others in market. They help construct brand...
Corporate Law : Understanding conveyance & deemed conveyance in housing societies, legal provisions, benefits, and challenges under MOFA, RERA, an...
Corporate Law : The National Pension System (NPS) offers flexible, low-cost pension options with digital accessibility, aiming to expand coverage ...
Corporate Law : ICAI held its Convocation 2025 across 13 locations, awarding 19,075 Chartered Accountants with membership. The Governor of West Be...
Corporate Law : The Indian government has not assessed the IBC’s impact on tax revenue loss and has no plans to amend tax priorities under insol...
Corporate Law : IBBI proposes key amendments to CIRP, liquidation, and personal guarantor insolvency, aiming to enhance efficiency, transparency, ...
Corporate Law : FIU-IND imposed a ₹9.27 crore penalty on Bybit for violating PMLA compliance. The platform operated without registration, leadin...
Corporate Law : Madras High Court held that Section 10-A of the Insolvency and Bankruptcy Code, 2016 cannot be extended to cases where default con...
Corporate Law : Bombay HC quashes order by Additional CIT, emphasizing CBDT or its members must explicitly issue orders under Section 119(2)(b) of...
Corporate Law : NCLAT upholds rejection of IBC Section 9 application against HUL, citing pre-existing disputes and claims below the Rs. 1 crore th...
Corporate Law : NCLAT Delhi upheld the CoC's decision to extend CIRP and withdraw liquidation, rejecting the appeal against the Resolution Profess...
Corporate Law : NCLAT Delhi held that distribution of liquidation proceeds has to be in proportion to the admitted claim of secured creditors as p...
Corporate Law : PFRDA issues a master circular on service charges for PoPs under NPS (All Citizen & Corporate) and NPS-Lite, consolidating past ci...
Corporate Law : IBBI issues a disciplinary order against Akash Shinghal for non-compliance with CIRP regulations. The case involves voting and CoC...
Corporate Law : IBBI Disciplinary Committee reviews the case of Insolvency Professional Anil Kumar Mittal for excessive fees during CIRP proceedin...
Corporate Law : IBBI releases Phase 9 syllabus for Limited Insolvency Examination. Applicable from May 5, 2025, details available on the IBBI webs...
Corporate Law : The Insolvency and Bankruptcy Board of India (IBBI) has amended the Insolvency Resolution Process for Corporate Persons (CIRP) Reg...
A large number of Government Sector nodal offices have provided a positive feedback and have made several constructive suggestions. An endeavor has been made by PFRDA to incorporate those suggestions to the extent possible in the interest of Subscribers.
Summary of some key decisions of the Hon’ble Supreme Court of India has been provided below. Criminal law No obligation on Officer-in-charge to arrest accused when filing chargesheet nor arrest pre-requisite formality to take chargesheet on record by Magistrate In Siddharth v. State of Uttar Pradesh the Supreme Court has held that an accused is […]
Can a common man afford the services of a Senior Advocate? Explore the accessibility of Senior Advocates in the High Court/ Supreme Court.
All hear about electric vehicles (EV) and their future role in decarbonizing the transport sector. Equally true is our anxiety to learn about the infrastructure development for EVs and whether we are serious about its implementation. Who are the stakeholders in developing the infrastructure for EVs? NITI Aayog in association with the Ministry of power, […]
1. Background of Debate Effectuated December 2016, the Sick Industrial Companies Act[1] was repealed to pave way to the Insolvency and Bankruptcy Code, 2016[2] (hereinafter “IBC”). The objects of the two acts were different in one substantial aspect: the latter focused on reviving a company so as it continues to survive as a going concern, aimed to act as a beneficial legislation and not merely focused on recovery. Recovery however being quintessential to IBC we saw that it and the Limitation Act, 1963[3] (hereinafter “Limitation Act”), which bars the right to recover money claims after a time lapse of 3 years from the cause of action, came face to face with each other and so became a long debate culminating finally this year. This debate arose on two counts. First, IBC was always meant to be a complete code in itself, an exhaustive code on the subject matter[4] and so the remedies given thereunder comprehensively cover all matters that it apprehends. Thus, it was naturally understood that IBC is not guided by any other legislative enactment. However it does not have a clause expressly barring application of limitation act which attracts Section 29 of the limitation act which brings us to the second. Second, the mandate of Section 29 of the Limitation Act makes it abundantly clear that all legislative enactments are to be guided by the Limitation Act “unless such enactment expressly excludes itself”. Now, even the words “expressly excluded” in the section have been interpreted to have a wider import by the Supreme Court (hereinafter “SC”) giving itself the power to interpret by reading of all the provisions of an act to infer such exclusion[5]. The interpretation of such an intention or otherwise rested again with the apex court. 2. Prior to Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 Initially the NCLT held in Neelkanth Township and Construction Pvt. Ltd. v Urban Infrastructure Trustee Ltd.[6] that the “provisions of the IBC cannot be shackled by the Limitation Act”. The court noted: “There is nothing on the record that Limitation Act, 2013 is applicable to IBC. Learned Counsel for the appellant also failed to lay hand on any of the provision of IBC to suggest that the Law of Limitation Act is applicable. The IBC, 2016 is not an Act for recovery of money claim, it relates to the initiation of Corporate Insolvency Resolution Process. If there is a debt which includes interest and there is default of debt and having a continuous course of action, the argument that the claim of money by Respondent is barred by Limitation cannot be accepted.” The NCLAT based its decision on the observation in Innoventive Industries Limited v ICICI Bank & Anr [7] that IBC is a comprehensive code which implies that it is independent of other laws. Now even though there was no provision in IBC that expressly barred the Limitation Act, the court observed that it remains open for the court to conclude so on a meaningful and comprehensive reading of the provisions. This view was further supported by M/S. Speculum Plast Pvt. Ltd. v Ptc Techno Pvt. Ltd[8]. and B.K. Educational Services Private Limited v Parag Gupta.[9] Even so, acting cautiously, the courts prescribed that the underlying utility of the doctrines like that of limitation must not be forsaken and it must be ensured that a deliberate delay does not go unpunished. Undoubtedly, the above ruling was bound to result in an increase in the number of applications and appeals. In the above background the Report of the Insolvency Law Committee of March 2018[10] came in which opined that “since the intent of the Code was not to array the Code as a fresh opportunity for creditors and claimants who did not exercise their remedy under existing laws within the prescribed limitation period, the Committee thought it fit to insert a specific section applying the Limitation Act to the Code”. The legislature finally taking note of this situation came up with Section 238A inserted vide an amendment[11] which clearly provided that the Limitation Act would apply to all the proceedings or appeals before the NCLT, NCLAT, DRT and DRAT.
SC enlarges the ambit of Limitation Act, 1963 for recovery of debts. Learn about the changes and implications of this landmark judgment.
The Factoring Regulation (Amendment) Act, 2021 received the assent of the President on 7th August, 2021 and got published in the Official Gazette on 9th August, 2021. The Amendment Act shall come into force on 23rd August, 2021. (Effective date got notified vide Notification No. S.O. 3406(E) dtd. 19th August, 2021) Sr. No. Amendment Comments 1 Substitution: Section 2(a) for the […]
A. With the siege of power in Afghanistan by the militant sect Taliban, bilateral trade between India and the country is currently at high risk, the Confederation of Indian Traders (CAIT) cautioned on Tuesday. The traders’ association also alerted domestic exporters and urged the Centre to forestall any potential business losses. The CAIT statement listed […]
Sexual harassment could be a kind of unlawful employment discrimination beneath Title VII of the Civil Rights Act of 1964 and is prohibited beneath the anti-harassment policy. As per the Equal Employment chance Commission, harassment is outlined as “unwelcome sexual advances, requests for sexual favours, and alternative verbal or physical conduct of a sexual nature. […]
INTRODUCTION The right to assert maintenance is a right recognized beneath completely different laws in our country, everyone is completely different from alternative in main and another specific. United Nations the total conception of maintenance was initiated to confirm that if there’s a married person who isn’t freelance economically, then, the opposite married person ought […]
