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.
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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?
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.
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.
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.
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.
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.
Mechanism to protect Micro and Small Enterprises from delayed payment
Recover the money against the supply made along with interest notified by the Reserve Bank of India (RBI) if any company make the payment after 45 day of acceptance of goods and service from any MSME’s vendor.
Single member bench can hear and decide the complaint: Rajasthan HC
The allottees long waiting for justice will now be able to secure the relief with the speedy process of hearing by single member benches.
The Credit Information Companies and ‘Credit Score’
A credit history is considered as a record of a borrower’s repayment of debts. Being a record of the borrower’s credit history from numerous sources, including banks, credit card companies, collection agencies, and governments.
What constitutes a “Dispute” under the IBC as per the Supreme Court?
The Supreme Court clarified the code’s object while keeping legislative intent in mind. The court, through this judgement, has struck a balance between creditors’ rights and debtor companies’ remedies.
Arbitrary Builder-Buyer Agreements
We often talk about the rapid growth of the real estate sector in India but forget to talk about the legal documents that play a very crucial role in the aforesaid sector. And builder buyer agreement is one of the most important documents for homebuyers.
Why Should Homebuyers approach NCLT against defaulting Real Estate Developers/Builders?
whereas legislation like RERA provides for individual remedies against the Builder, the IBC Code gives collective control over the affairs and management of the Corporate Debtor to its financial creditors.
Villagers take over Today Homes Canary Greens project in Gurugram
A group of villagers, from whom Today Homes got land, took physical possession of the project and put up a notice at the gate of the nearly fully booked but incomplete housing society.
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