Corporate Law : NCLAT held that the CoC may decide to liquidate a corporate debtor under Section 33(2) before inviting resolution plans, with limi...
Corporate Law : This article explains why the Insolvency and Bankruptcy Code places commercial decision-making in the hands of the Committee of Cr...
Corporate Law : The article explains how the NCLAT interpreted Section 66(1) to extend liability beyond company insiders to third parties who know...
Corporate Law : The Supreme Court held that individuals investing for financial returns rather than home ownership cannot invoke Section 7 of the ...
Corporate Law : The High Court held that a company cannot shift its registered office after approval of a resolution plan when appeals against the...
Corporate Law : IBBI has proposed amendments to CIRP, Liquidation, and Personal Guarantor Regulations to improve valuation, clarify RP duties, sim...
Corporate Law : The proposed amendments require comprehensive project-wise disclosures, technical assessments, and mandatory information in resolu...
Corporate Law : The IBBI has announced contractual vacancies for Research Associates and Consultants in law and business management disciplines. T...
Corporate Law : 2026 Guidelines streamline selection of Insolvency Professionals for IRP, RP, Liquidator, and Bankruptcy Trustee roles, ensuring t...
Corporate Law : The amendments replace the consultation committee with CoC oversight, giving creditors greater control over liquidation decisions....
Corporate Law : Bombay HC held that Section 14 IBC moratorium does not prevent deemed conveyance under Section 11 MOFA and restored the society's ...
Company Law : Kerala HC held Rule 55 empowers NCLT to accept additional pleadings, setting aside refusal to entertain further objections in a Se...
Corporate Law : NCLAT held that invoice discounting through the TReDS platform does not convert operational debt into financial debt. The appeal w...
Corporate Law : Supreme Court held that a Section 7 IBC application can proceed despite pending winding-up proceedings where no irreversible stage...
Corporate Law : NCLT admitted the Section 9 petition after holding that campaign-related emails did not constitute a genuine pre-existing dispute....
Corporate Law : The IBBI First Appellate Authority held that although the CPIO failed to respond within the statutory 30-day period under the RTI ...
Corporate Law : IBBI cancelled an IP’s registration over systemic CIRP misuse, flawed valuations, non-disclosures, compliance failures and lack ...
Corporate Law : IBBI has released the Phase 10 syllabus for the Limited Insolvency Examination, effective from October 1, 2026, to reflect evolvin...
Corporate Law : The First Appellate Authority directed the CPIO to dispose of the RTI application after finding it was not decided within the 30-d...
Corporate Law : The Disciplinary Committee found that the Resolution Professional delayed admission of a financial creditor's claim and failed to ...
Ashutosh Gupta and Gaurav Rana MOOT QUESTION VI, CAN A LIQUIDATOR AND RP INITIATE CIRP AGAINST OTHER CORPORATE DEBTOR. Insolvency and Bankruptcy Code (Amendment) Ordinance, 2019 (“Ordinance”) promulgated on 28th December, 2020, has not only brought, changes in respect to home buyers but also clarity in respect to powers and rights as entrusted upon the […]
Recently, since last 2-3 years, the profession of valuer is getting recognition and regulated by Insolvency and Bankruptcy Board of India (IBBI). Before this, the profession of valuers was not regulated by any body. There were no exam, no membership, no valuation standards to be followed, no formal recognition of valuers. But with the advent […]
Key Recommendations of CoE on Need for an Institutional Framework for Regulation and Development of Valuation Professionals in India In August 2019, the Ministry of Finance (MoF) had constituted Committee of Experts (CoE) to examine the need for an institutional framework for regulation and development of valuation professionals in India. The said CoE had submitted […]
1. (1) These Regulations may be called the Insolvency and Bankruptcy Board of India (Liquidation Process) (Second Amendment) Regulations, 2020. (2) They shall come into force on the 17th April, 2020.
Thus in cases of Section 18 of Limitation Act, liberal approach must be taken while considering the acknowledgment and no hard and fast rule can be applied to ascertain whether statement is acknowledgement or not, it solely depends on the circumstances under which it is made.
Introduction Indubitably, legal controversies lead to the ultimate improvisation of legislation. Likewise, Insolvency and Bankruptcy Code, 2016 (hereinafter IBC) has encountered a plethora of amendments to reach its upper state and incorporate a way to unravel the incessantly emerging disputes. While the Insolvency and Bankruptcy Code (Amendment) Act, 2020 is a commendable attempt to resolve […]
Judgements of various NCLT Benches have had conflicting views on whether a Sole Proprietorship can apply to the Adjudicating Authority under the Code for initiating Insolvency Resolution Process of a Corporate Debtor for the outstanding debt which is due and payable.
Notification No. 11/2020- Central tax dated 21st March 2020 has been issued prescribing the procedure of registration, filing of return, availing of input tax credit and further clarification has also been issued vide circular no. 134/04/2020-GST dated 23rd March 2020 on the same for registered taxpayers covered under Insolvency and Bankruptcy Code, 2016 (IBC).
Considering the coronavirus outbreak condition Central Government on 24th March, 2020 via Ministry of Corporate Affair notification S.O. 1205 (E) in exercising its power conferred under proviso to Section 4 of Insolvency Bankruptcy Code, 2016 (31 of 2016) enhanced the minimum default threshold from INR One Lakh to INR One Crore.
Recently, the Supreme Court in the decision of Embassy Developments vs. State of Karnataka had held that a Corporate Debtor could not avail the benefit of Mortarium under Section 14 of the Code to seek for deemed extension of lease agreement.
