The Constitution Bench in Gian Kaur (supra) went on to declare Section 309 IPC as constitutional. The Court held that the right to live with human dignity cannot be construed to include within its ambit the right to terminate natural life, at least before the commencement of the process of certain natural death.
Unlawful or wrongful arrest in India represents a grave miscarriage of justice, where individuals are apprehended by Law enforcement without proper evidence or due process. It has been a persistent issue in India, that continues to plague the country’s criminal justice system.
If the corporate debtor’s resolution plan was authorised and declared binding on the corporate debtor and its workers, members, creditors, guarantors, and other stakeholders under Section 31 of the Code, criminal proceedings under Section 138 will continue.
There is a reaffirmation that the moratorium granted by the Court does not cover pending criminal litigation.
When it comes to a detailed and again rather complicated legal framework of insolvency law under the Insolvency and Bankruptcy Code, 2016,(IBC) the key point is the commencement of the Corporate Insolvency Resolution Process (CIRP). This process is intended to assist firms that are in deficit and also to aid in avoiding being caught in the financial debt trap.
The Insolvency and Bankruptcy Code (for short “I&B Code”), enacted in 2016, marked a significant reform in India’s economic landscape by streamlining the insolvency resolution process and providing a balanced framework.
India’s legal landscape has been reshaped with the unveiling of the Bharatiya Nyaya Sanhita, 2023, Bhartiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Bill, 2023.
Insolvency and Bankruptcy Code, 2016 brings in the concept of Interim Moratorium, which offers protection to individuals during the insolvency process.
Tribunal cannot go into the merits of a decree pronounced by a foreign court or tribunal as it is not an apt forum to decide the propriety of a foreign decree.
If the debt recovery is based on erroneous information that led to the loss of your score, then you can file a defamation suit against the bank and recovery agency.
Supreme Court’s decision in Maharashtra Seamless Limited shows that the commercial wisdom of the CoC will be given top priority when deciding on the feasibility and viability of the resolution plan.
A claim was made in respect of the non-payment of pending salary and other settlement benefits such as leave encashment, Leave Travel Allowance, and bonus.
As a developing country, India had huge prospects for growth in the real estate sector, seeing this many people invested in the sector in good faith.
The Essar Steel matter has raised a valid and crucial point of inordinate delays which is a big concern as it was the important provision of IBC, time bound resolution. If this purpose fails, the whole motive of IBC will fall apart.
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