the criminal case brought under Section 138 read with Section 141 of the NI Act against the natural persons would not be over by application of the IBC’s provisions.
Category: Insolvency & Bankruptcy Code 2016
Threshold limit of the Corporate Insolvency Resolution Process as per NCLT
There is no specific threshold limit for the NCLT Delhi under the IBC 2016. The IBC provides that a financial creditor, operational creditor, or the corporate debtor itself can initiate the insolvency resolution process with the NCLT.
Incorporation of One-Sided Clauses in an Agreement Constitutes Unfair Trade Practices: NCDRC
Incorporation of one-sided clauses in the agreement where the buyer is expected to sign on the dotted lines having no other option would amount to unfair trade practices under the Consumer Protection Act, 1986.
Bringing fair competition to the forefront: Drawing from the Google- CCI Judgement
The grievance against NCLAT pertained to the pre-installation of certain apps promoted by Google within the Operating System which could not be removed by the user.
The Conundrum of Reverse Corporate Insolvency Resolution Process
Reverse CIRP is still in an experimentation process and we should wait for more cases in which Reverse CIRP is applied and then observe its effect.
Stemming the outflow of foreign firms from India
To make India a beacon for foreign investment, it is important to delineate and implement a legal framework concerned with labour laws and dispute resolution following discussions with all stakeholders concerned.
How to take maximum benefit from RERA as a Homebuyer and as a builder?
RERA was established to do away with project delays, malpractice, and irregularities in norms and increase transparency and accountability from builders and homebuyers both.
How IBC can be helpful to Start-Up?
The fast track process which can be initiated by a creditor or the corporate debtor itself cuts down the time taken to complete an insolvency resolution to almost half as compared to the regular process under the IBC.
CIRP proceedings could be initiated against both corporate co-borrowers, but the recovery of the same amount could not be made from both parties: SC
CIRP proceedings under section 7 can be initiated against corporate debtors who are co-borrowers but there can be no double recovery of the same amount from both.
The practice of compassionate appointments
Compassionate appointments are not a vested right and a claim for a compassionate appointment cannot be entertained after a lapse of a considerable period of time since the death of the concerned individual.
Promoters toiling with Insolvency and Bankruptcy Code
Main reasons for the delay is the spate of litigations by the promoters. Once the CIRP order is passed, the promoters get into the action with the sole objective of getting back the company at a cheaper price.
Service of Advance Copy of Applications to IBBI for Initiating CIRP under IBBI Rules, 2016
the advance copy of the Application for initiating CIRP under Section 7, Section 9, or Section 10 of IBC, 2016 needs to be served to the Insolvency & Bankruptcy Board of India.
SIGNIFICANCE OF THE CASE LAW: MITTAL V. WESTBRIDGE VENTURES
Mittal v Westbridge Ventures, the Singapore Court of Appeal reviewed several fundamental arbitration law issues, including the proper law of arbitration agreements and determining whether law determines whether a particular case is arbitrable.
Lease Premium & Lease Rent not included in Explanation to Section 14(1)(D) of the IBC, 2016
The lease premium and rent given to the Corporate Debtor are not included in Section 14(1)(D) of the Insolvency and Bankruptcy Code, 2016.
Virtual Currencies Platform undergoing Insolvency in the Indian Scenario
The primary challenge to VC regulation is the uncertainty regarding their very nature– whether they can be considered goods, commodities, currencies, or property.