Corporate Law : The framework permits liquidation only where the company has not defaulted on debts and can pay liabilities. It ensures a clean an...
CA, CS, CMA : The High Court ruled that retrospective cancellation of GST registration is invalid if such action is not proposed in the original...
Corporate Law : Explains how the 2025 amendment removes going-concern sales from liquidation. Highlights the shift toward speed and finality over ...
Corporate Law : IBBI Regulations 32 & 32A for liquidation: defines asset sale modes and prioritizes selling the business as a going concern to max...
Corporate Law : Understand secured creditor rights under IBC Section 52 during liquidation: relinquish security to the estate or realize independe...
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 amendments focus on better protection of creditor interests and structured insolvency processes. They introduce new mechanisms...
Corporate Law : The amendment replaces rigid statutory documentation requirements with a flexible framework. This change empowers regulators while...
Company Law : NCLAT Delhi held that each and every commercial transaction which has resulted in loss may not be labelled as fraudulent or to hav...
Company Law : The appellate tribunal quashed orders permitting bankruptcy against personal guarantors after a creditor consented to grant additi...
Company Law : NCLT Allahabad held that financial creditor duly established existence of financial debt and default thereon on the part of the Co...
Company Law : The tribunal held that the resolution plan was invalid because several valuable properties were omitted from the Information Memor...
Company Law : NCLAT Delhi held that Prospective Resolution Applicant or unsuccessful Resolution Applicant doesn’t have vested right to challen...
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...
The Disciplinary Committee held that reconstituting the CoC without prior approval of the Adjudicating Authority violates established legal principles. Subsequent approval does not cure the initial procedural breach. The decision underscores limits on the powers of resolution professionals.
A key land asset was excluded from the CIRP, leading to rejection of the resolution plan. The regulator held that failure to include and regularize ownership violated duties and warranted suspension.
The case highlights failure to provide complete and verifiable information in the Information Memorandum. It also underscores that reliance on external systems like VDR does not replace statutory disclosure obligations.
A claim submitted without documents was later verified after the deadline but not processed as per law. The authority held that failure to place it before CoC and seek condonation violated CIRP regulations.
The IBBI flagged improper admission of a joint developer as a financial creditor without adequate verification. The ruling highlights the need to correctly classify claims under insolvency law.
The case addresses failure to place a mandatory replacement agenda despite requisite voting share. The ruling emphasizes that statutory obligations under CIRP regulations are non-discretionary and must be strictly followed.
Resolved firms demonstrated improved operations and investment activity. The findings confirm successful business revival.
The case involved failure to attend hearings and file an affidavit as directed. The Committee imposed a penalty and warning, emphasizing strict compliance with tribunal orders.
The High Court ruled that retrospective cancellation of GST registration is invalid if such action is not proposed in the original show cause notice. The judgment emphasizes adherence to natural justice and proper reasoning in administrative orders.
The appellate authority held that public authorities under the RTI Act must only provide information already available in records. They are not obligated to create or compile new data or explanations.
