Need for a new legal framework
It is more crucial than ever to have an IBC-based legal framework to handle cross-border conflicts as the globalization of business and trade reaches new heights.
Search Results for: IBC Laws
Are the principal amount and the interest levied dependent on each other for the purpose of section 7?
A recently evolved notion of co-relation of Principal amount and interest levied on it, for the purpose of Section 5(8) of the code and its implication in the application filed under Section 7.
Landowner in a development agreement cannot be considered a Financial Creditor
The Corporate Debtor would carry on construction and out of total saleable construction 32% will be of landowner and remaining 68% will be of the Corporate Debtor.
Appeals and Limitations under Section 17 of the Limitations Act
Since a specific limitation period for filing such an appeal is clearly mentioned, Section 17 of the Limitation Act could not be applied here.
Water connection cannot be restored automatically to the successful resolution applicant
The Successful Resolution Applicant requested Maharashtra Industrial Development Corporation (hereinafter referred to as MIDC) for a new water connection to revive the operations at the plant of the Corporate Debtor.
Judges & Social Media: Managing the Risks
Criminal Procedure Jurisprudence explains the evidentiary value that social media posts carry. Certainly, there are advantages and good policy reasons for accessing social media evidence used in criminal proceedings.
Wages/salaries of only those employees who worked during the Corporate Insolvency Resolution Process are to be included in CIRP costs, rules SC
The claims filed/to be submitted by the workers of the appellant must be decided upon and taken into consideration by the Liquidator even if RP has not submitted the claims towards the wages/salaries as part of CIRP costs.
Housing Discrimination: A Myth or a Never-Ending Struggle?
No person shall be discriminated against because of their race, sex, caste, color, or religion. Article 21 of the constitution, under its various interpretations, also includes the ‘right to housing’ or ‘right to shelter’ as an individual’s fundamental right.
INTRODUCTION OF PRE-PACKS
Pre-pack mechanism, differs from the existing corporate insolvency resolution process (CIRP) and what challenges this new mechanism is likely to bring.
The Secretary, Ministry of Defense vs. Babita Puniya & Ors. SCC, 17 Feburary 2020
A quest for equality of opportunity for women seeking Permanent Commissions in the Indian Army forms the rationale of the instant case.
Role of Mediation in the Insolvency Process
Specifically in insolvency proceedings, mediation as a tool can be employed to resolve issues and clear the bottleneck in the resolution process which had led to delays.
Artificial Intelligence and Law
By introducing deep learning technology in the courts, the facial expressions of victims and offenders can be read which can be proved to be a revolution while deciding the cases, it will ultimately help in pronouncing more correct and evaluative judgments by the judges.
No bar to withdraw admitted CIRP application before constitution of the committee of creditors: Supreme Court
The withdrawal of an application for CIRP by the applicant would not prevent any other financial creditor from taking recourse to a proceeding under IBC.
Analysis of the Pre-Packaged Insolvency Resolution Process and its advantages as compared to the CIRP
The Pre-Packaged Insolvency Resolution Process (PPIRP) mechanism have helped the MSMEs to a great extent in order to revive their operations as a going concern.
When COC approves a resolution plan it is presumed to be viable and feasible
When a Resolution Plan is approved by the CoC in its commercial wisdom, it has to be presumed that the approval was given to a viable and feasible plan. Once approved, the Tribunal cannot interfere with the commercial wisdom.
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