Insolvency Resolutions:  A special case for MSMEs

The government has introduced the pre-packaged insolvency resolution process (PPIRP) for MSMEs, which allows them to initiate an insolvency process with the approval of two-thirds of their creditors.

Is your house stuck in a stalled real estate project? How did homebuyers take on builders to get their houses?

Some of the legal remedies available for the homebuyers of stalled real estate projects against builders in case of disputes or grievances. Homebuyers can protect themselves from builders in India and ensure that they get their dream home without any hassles.

FUTURE OF MEDIATION IN INSOLVENCY PROCEEDINGS

Being the least expensive and less time-consuming, Mediation is popular ADR in India. The mediator plays the role of a neutral party who helps the parties to have direct communication and assists in exploring the options and a mutually accepted agreement.

Crypto Assets and Insolvency

the legal status of cryptocurrencies in India is still unclear, and the lack of clear regulation creates uncertainty for investors and businesses operating in the industry.

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.

Are Corporate Guarantors equivalent to Corporate Debtors

The Supreme Court has made an attempt to shed light on this matter recently in K. Paramasivan v. The Karur Vysya Bank Ltd. An appeal is preferred before the apex court under which the NCLAT decision is challenged.

Sundaresh Bhatt, Liquidator of ABG Shipyard vs. Central Board of Indirect Taxes and Customs

Case of “Sundaresh Bhatt, Liquidator of ABG shipyard vs. Central Board of Indirect Taxes and Customs, in which it was held that the IBC provisions will prevail over the provisions laid down in the “Customs Act, 1962” and also set aside the order of the NCLAT”.

NCLT Prescribes Dress Code for Members, Lawyers, RP, Authorized Representatives & Parties in Person

NCLT specified the dress code for NCLT President, NCLT Members, Legal Practitioners, Authorized Representatives, Interim Resolution Professional, Liquidator, Resolution Professional, and parties present in person.

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.

Custodial Death and Torture in India

A father-son duo in Chennai was arrested by the police on grounds of violating social distancing guidelines and subsequently tortured in custody to the extent that the two lost their lives. Since then, custodial deaths have been rising in India, reaching the figure of 88 in 2022 as per the National Crime Records Bureau.

Key Highlights of Budget 2023: First Budget of Amrit Kaal and A Blueprint of India @100

Finance Minister has announced a scheme to support state governments and municipalities in replacing their old polluting vehicles.

CROSS-BORDER INSOLVENCY DISPUTES

The UNCITRAL Model Law has been strongly recommended for providing a wide-ranging solution for resolving cross-border insolvency issues.

Operational Debt Includes Advance Payment Made to a Corporate Debtor for the supply of Goods or Services: SC

A debt arising from an advance payment given to a corporate debtor for the supply of goods or services would be deemed an operational debt.

Proposed Amendment by the Ministry of Corporate Affairs

Proposed Amendments in a circular issued on 18.01.2023, the Ministry of Corporate Affairs has proposed numerous changes in IBC.

Should resolution professionals admit time-barred claims of homebuyers?

the Resolution Professional could have included their claims as liabilities to the Corporate Debtor in the Information Memorandum created in accordance with Regulation 36 of the Corporate Insolvency Resolution Process (CIRP) Regulations.