Recent years have seen a lot of discussion over the viability of a writ suit against a private bank under Article 226 of the Indian Constitution. Although the Supreme Court has made several rulings on this matter, the law is still not entirely clear. There is no simple solution to the complex problem.
Category: Corporate Litigation-All In Way
Writ Jurisdiction for Supreme Court
A person has the fundamental right to lodge a complaint or grievance to the court regarding any administrative action. The protection of fundamental rights and the assurance of natural justice are the two most important aspects of writ jurisdictions.
Real Solution for Real Estate Insolvencies
The major challenges in the insolvency resolution of real estate companies arise from the peculiarities of this sector, especially since the divergent interests of the allottees of the real estate projects do not align with the scheme of the CIRP.
The Real Estate (Regulation And Development) Act, 2016- A Boon for the Flat Buyers
The parliament in order to regulate this one of the fastest-growing sectors passed “The Real Estate (Regulation and Development) Act, 20164 which came into effect on 1st May 2016.
Succinct Summary of The Fast Track CIRP under IBC, 2016
The fast-track CIRP is designed to expedite the insolvency process for smaller companies and enable their efficient restructuring or liquidation.
Deciphering the Enigma of Interim Moratorium under IBC
Insolvency and Bankruptcy Code, 2016 brings in the concept of Interim Moratorium, which offers protection to individuals during the insolvency process.
Understanding the interpretation of the Insolvency and Bankruptcy Code, 2016
Interpreting the Insolvency and Bankruptcy Code 2016 and sheds light on its significance in shaping the insolvency and bankruptcy landscape in India.
Proposed Amendments in the Insolvency and Bankruptcy Code, 2016
The issues that are adversely affecting the efficiency and effectiveness of the resolution process and for increasing the possibility of resolution, value of resolution plan, and ending timely resolution.
Taxation of Virtual Digital Assets
The Hon’ble Finance Minister stated that the scale and frequency of transactions in the VDA market made it necessary to legislate for a special tax structure.
Corporate Social Responsibility and its Insolvency
In the past few decades, business leaders as well as philosophers came up with a new phenomenon which is Corporate Social Responsibility (CSR). Under CSR Businesses are responsible to the society that exists around them. And under CSR only it becomes their moral duty to safeguard that society and help that society to grow.
Recovery of due amount under the MSMED, 2006
How a unit registered under MSME can recover the money as per the provisions of the Act? What are the liabilities of the buyer to make a payment towards the MSME registered unit?
Unveiling The Dark Side of Subvention Scheme
Subvention schemes, brings to light incidents of harassment, and analyses how fraud continues to exist in the market despite regulatory interventions such as the NHB decision to end subvention schemes.
The Authority Of The Nclt To Review Itself
The reviewing court can reverse the original decision or amend it as needed. With the passing of time, the judiciary has been paving the way for clearing the doubt regarding the power to review and recall.
Cheque bounce cases against non-residents of India (NRIs) and exemption from personal experience.
The offence of cheque bounce is punishable u/s 138 with a fine which can extend to twice the cheque amount or imprisonment for a term not exceeding 2 years.
The attachment of assets by the ED under the PMLA Act is not permissible once a company has entered insolvency
Asset attachment by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA) is critical in combating money laundering and criminal activities.