Company Law : The Court held that anonymous political donations infringe voters’ right to information. The ruling mandates full disclosure of ...
Corporate Law : The framework permits liquidation only where the company has not defaulted on debts and can pay liabilities. It ensures a clean an...
Company Law : The advisory clarifies that Section 8 companies are prohibited from direct strike-off using Form STK-2. It highlights that closure...
Goods and Services Tax : This piece examines how restrictive provisions under GST law limit refund of unutilised ITC during insolvency, despite broader ena...
Corporate Law : The case examines whether insolvency must be admitted upon default. The Supreme Court held that tribunals have discretion to consi...
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 : 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 : **SEO Description:** Supreme Court holds that an appeal filed by a suspended director in the name of the corporate debtor after a...
Corporate Law : The issue was whether IBBI must provide data held by a regulated entity. The Authority held that RTI applies only to information h...
Corporate Law : The appeal found that the RTI response was delayed beyond statutory timelines. The key takeaway is that delay breaches RTI provisi...
Corporate Law : The issue was whether an RVO could grant conditional enrolment to an unqualified applicant. The authority held that such enrolment...
Corporate Law : The amendment allows financial creditors to directly initiate insolvency with prior approvals, reducing delays. It ensures faster ...
Corporate Law : The study found that most MSME insolvency cases are resolved before admission, highlighting gaps in data and process efficiency. I...
Bank of India Vs Neurostar Hospital Private Limited (NCLT Mumbai) The application was filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 by a financial creditor seeking initiation of Corporate Insolvency Resolution Process (CIRP) against the corporate debtor. The total amount claimed to be in default was approximately ₹28.51 crore, with the date […]
The Tribunal held that appeals filed beyond the statutory 45-day limit cannot be entertained. It ruled that delay exceeding the condonable period is not permissible under Section 61.
The Tribunal held that insolvency proceedings cannot be avoided when total debt is higher than the arbitral claim. It ruled that undisputed default justified admission under Section 7.
The issue involved rejection of a delayed claim in bankruptcy proceedings. The Tribunal held that concealment of material facts by the debtor prevented timely filing. It ruled that such delay could be condoned when sufficiently explained and directed admission of the claim.
The amendments replace the consultation committee with CoC oversight, giving creditors greater control over liquidation decisions. This ensures improved transparency and accountability in the process.
The Court held that anonymous political donations infringe voters’ right to information. The ruling mandates full disclosure of funding sources.
The proposal focuses on enabling creditors to initiate resolution while retaining debtor management under supervision. It sets out detailed steps for initiation, resolution planning, and timelines. The key takeaway is a time-bound framework designed to reduce delays in insolvency cases.
The framework permits liquidation only where the company has not defaulted on debts and can pay liabilities. It ensures a clean and fraud-free exit for solvent entities under a regulated process.
**SEO Description:** Supreme Court holds that an appeal filed by a suspended director in the name of the corporate debtor after admission of CIRP is not maintainable. It rules that such a fundamentally incompetent appeal cannot be cured or converted after expiry of limitation under Section 61(2) of the IBC, and sets aside NCLAT’s contrary approach.
The amendments arise from the inclusion of a unified “service provider” definition under the Code. The move expands regulatory coverage and ensures uniform applicability of inspection and investigation provisions.
