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 Ministry of Corporate Affairs highlighted that the IBC resolution process facilitated creditor recoveries exceeding ₹4 lakh ...
Corporate Law : The IBBI has announced contractual vacancies for Research Associates and Consultants in law and business management disciplines. T...
Corporate Law : The Supreme Court upheld joint insolvency proceedings against two interconnected real estate companies due to common management an...
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 : 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 ...
Corporate Law : The Disciplinary Committee imposed a two-year suspension after finding failures in claim verification, unauthorized financial deci...
NCLT Mumbai held that the impugned intra-group assignment transaction did not prejudice creditors or alter their position. The Tribunal ruled that essential ingredients of fraudulent trading under Section 66 of the IBC were not established.
The issue involved alleged incomplete disclosure under RTI. The authority held that all available records were already shared and no further disclosure was required.
The case involved non-disclosure of overlapping interests between contractor and resolution applicant. The authority held that lack of transparency compromised the process and imposed a three-year suspension.
The Supreme Court held that the IBC cannot be used as a substitute for execution of a civil court decree. It ruled that initiating CIRP for recovery purposes amounts to misuse of the insolvency framework.
Explains how the Court held that insolvency proceedings cannot be used as a pressure tactic for debt recovery. Even if default is proven, tribunals must consider broader circumstances before admitting cases.
The issue addressed lack of clarity in defining avoidance transactions under insolvency law. The amendment introduces a comprehensive definition, improving consistency and enforcement. The takeaway is clearer legal interpretation and application.
The Court held that disputed issues and ongoing statutory proceedings cannot be challenged through a writ petition. It emphasized that proper remedies must be pursued before competent forums.
The Court examined whether the matter required immediate intervention. It held that the issues deserved consideration and granted ad-interim relief. This ensures status quo until final adjudication.
Section 28A enables inclusion of guarantor assets in the insolvency process to avoid parallel proceedings. The ruling ensures better value realisation and streamlined resolution.
The amendment clarifies that guarantors cannot initiate recovery against the corporate debtor during CIRP. It ensures all claims are resolved collectively within the insolvency process.