Section 33(5) of IBC doesn’t bar legal proceedings against a ship owned by Corporate Debtor in liquidation: Bombay HC

It is evident upon reading Section 33(5) that this clause merely forbids the filing of a lawsuit or other legal action against the Corporate Debtor. It in no way precludes the filing of a lawsuit or starting another legal action against a ship or vessel owned by the corporate debtor.

Whether IBC prevails over Custom Act?

The IBC would prevail over The Customs Act, to the extent that once the moratorium is imposed in terms of Sections 14 or 33(5) of the IBC, as the case may be, the respondent authority has a limited jurisdiction to assess/determine the quantum of custom duty and other levies.

Artificial Intelligence and Insolvencies

Machine learning, deep learning, artificial neural networks, rule-based expert systems, and natural language processing are a few examples of artificial intelligence technologies employed in worldwide insolvency and bankruptcy processes.

A judiciary-Executive Tussle over Judicial Appointments

The conflict between the Executive and the Judiciary regarding judicial appointment is not new. Its most visible manifestation was when Prime Minister Indira Gandhi appointed Justice A.N. Ray as the Chief Justice in 1975 out of turn, as a “reward” for his pro-government stance in the Kesavananda Bharti Case. This led to much public outcry, on the grounds of violation of judicial independence.