Corporate Law : Everyone knows High Court and Supreme Court but few People like CA/CS/Lawyers know NCLT & NCLAT. Lets through light on this to...
Company Law : NCLT, Mumbai Bench dismissed the petition filed by Cyrus Mistry who incidentally owns about 18.3% (including preference capital) o...
Company Law : We all know that The Companies Act, 2013 provides for conversion from one type of a company to another. A Private Company can conv...
Company Law : As we all knows that Central Government notified NCLT Rules, 2016 on 21st of July, 2016 through notification in the official gazet...
Company Law : As per section 96 of CA, 2013, every Company (other than OPC) shall hold a general meeting annually (exclusive of any other meetin...
Company Law : Committee on review of penal provisions of Company Act 2013 submits final report to Shri Arun Jaitley. Recommends Restructuring of...
Company Law : The Ministry of Corporate Affairs Government proposes to set up National Company Law Tribunal (NCLT) and National Company Law Appe...
Company Law : The Government has said that it proposes to set up a ‘National Company Law Tribunal’ to consolidate the powers and jurisdictio...
Company Law : The ministry of corporate affairs (MCA) has started a round of consultations with the law ministry on the feasibility of setting u...
Company Law : To set up a Company Law Tribunal without further delay, the Ministry of Corporate Affairs has begun consultations to make the nece...
Corporate Law : Held that a statutory institution like CoC which is in most of the cases represented by public financial institutions is expected ...
Income Tax : From the report there does not appear any request of the Resolution Professional for issuance of the instructions for the purpose ...
Corporate Law : The Tribunal held that in the absence of any power of recall or review being available to the Tribunal, the present case at hand d...
Company Law : Mrs. Nagappan Swarnalatha Vs M/s. Colour Books Associates Private Limited (National Company Law Tribunal) 1) We hereby declared th...
Corporate Law : This is the case, where despite moratorium order, Municipal Authorities have sealed the Corporate Office/Registered Office of the ...
Corporate Law : Filling up of the posts in the National Company Law Appellate Tribunal on deputation basis. The National Company Law Appellate Tri...
Company Law : President, National Company Law Tribunal hereby constitutes the following Benches for the purpose of exercising and discharging th...
Company Law : Central Government hereby constitutes the National Company Law Tribunal, Kochi Bench at Kochi and for the said purpose hereby make...
Income Tax : The undersigned is directed to say that by virtue of implementation of Insolvency & Bankruptcy Code (IBC) 2016 after the repeal of...
Company Law : Board has decided that request/appeal for restoration of name of the 'struck off' company with retrospective date from the date of...
In this Flash editorial, the author begins by referring the provisions of section 248(1) of Companies Act, 2013 relating to Power of Registrar to remove name of company from register of companies and provisions of section 252 relating to REVIVAL OF COMPANIES STRUCK off from the record of the Registrar.
In this article, it is specifically discussed about the Revival/ Restoration of Struck off Companies under section 248 of the Companies Act (the Act) under Section 252 of the Companies Act, 2013 read with National Company Law Tribunals Rules, 2016 (As amended till 05-07-2017) by making an appeal to Tribunal.
“87A. Appeal or application under sub-section (1) and sub-section (3) of section 252. – (1) An appeal under sub-section (1) or an application under sub-section (3) of section 252, may be filed before the Tribunal in Form No. NCLT. 9, with such modifications as may be necessary.
Code will facilitate early, transparent and fair resolution of liquidity problems. Hence, the position of lenders under the Code is much better compared to earlier laws as discussed above. Therefore, there is no justification whatsoever in RBI directive to banks to create provision of 50% of the outstanding debt at the time of application to NCTL for initiating insolvency resolution process and balance 50% at the time order for liquidation of corporate at the time order for liquidation of corporate for realization of debts due to Financial Creditors is passed by NCLT. Rather, the RBI should dilute the existing provisioning guidelines in favour of lenders.
In this Flash editorial column, the author begins by referring the provisions of Insolvency and Bankruptcy Code, 2016 in relation to section 238 of IBC Code, 2016.
In this Flash editorial column, the author begins by referring the provisions of Operational & Financial Creditor of Insolvency and Bankruptcy Code, 2016 in relation to Treatment of Advance for Real Estate Project.
In this Flash editorial column, the author begins by referring the provisions of Insolvency and Bankruptcy Code, 2016 in relation to Times Lines given under IBC Code, 2016.
In this Flash editorial, the author begins by referring the provisions of Section 9(3) (c) of IBC, 2016 in relation to Certificate from Financial Institution. Since the code come into effect from December 2016 all the applicants/ creditors have begun to file applications under the Code.
In this Flash editorial, the author begins by referring the provisions of rules 4 of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 in relation to Deliver of Notice at registered office of Corporate Debtor.
NCLT held that the principle of imposition of minimum penalty is non-mandatory in compounding of offenses cases, it is necessary to define and understand offense. The term offence has been defined by s 3(38) of General Clauses Act, as any act or omission made punishable by any law for the time being in force.
