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Dec 19, 20243 min read
SEBI LODR Third Amendment 2024: What Listed Entities Must Know
SEBI's 2024 LODR amendments strengthen governance, enhance transparency, and impose stricter compliance for listed entities.
Dec 16, 20244 min read
Fate of Decree Holders under IBC: Bombay High Court Upholds Finality of Approved Resolution Plan over Enforceability of Decree
Decree Holders' claims under IBC are subject to the resolution plan's finality, ensuring extinguishment of unaddressed pre-approval dues.
Dec 14, 20245 min read
Investor Protection v. Regulatory Balance: Bombay High Court Upholds SEBI’s Delisting Regulations Under IBC
The Bombay High Court affirms the IBC’s primacy over SEBI rules, balancing delisting regulations with insolvency resolution objectives.
Dec 12, 20244 min read
Personal Guarantors in CIRP: NCLAT Explains that Guarantors’ Eligibility as Financial Creditors Under IBC is Conditional on Debt Discharge
Personal guarantors can claim creditor rights in CIRP only after discharging liabilities, ensuring fair voting rights for secured creditors.
Dec 6, 202414 min read
Exploring the Interplay Between Legal and Beneficial Ownership: Insights from the LinkedIn India Case
Discover the legal nuances of beneficial ownership, corporate governance compliance, and lessons from the LinkedIn India case.
Nov 23, 20244 min read
NCLAT: Sale of Corporate Debtor as Going Concern Prevails Over Scheme of Arrangement
The NCLAT Chennai upheld the priority of selling a corporate debtor as a going concern, aligning with the IBC's goals of value maximisation.
Sep 30, 20243 min read
NCLAT Clarifies Exclusion of Cancelled Leasehold Rights from CIRP Assets
The NCLAT ruled that assets excluded before CIRP initiation, like cancelled leasehold plots, cannot be included in the corporate resolution
Sep 27, 20244 min read
NCLAT Decision on Distribution Priorities Under the IBC
NCLAT confirms in Times Innovative Media case: unsecured financial creditors precede operational creditors in IBC liquidation order.
Sep 26, 202415 min read
Personal Insolvency: Recent Judicial Interpretations
Exploring key court rulings that shape personal insolvency laws in India, focusing on debtor-creditor dynamics and legal frameworks.
Sep 20, 202410 min read
Section 12A of IBC: A Pathway for Regaining Business Control
Section 12A under IBC allows businesses to settle insolvency, regain control, and avoid liquidation through creditor-approved resolutions.
Sep 17, 20243 min read
NCLAT Rejects Secured Status for Tax Dues Under MPVAT in Insolvency Proceedings
NCLAT rules MPVAT tax dues cannot be classified as secured debt in insolvency, reinforcing IBC's creditor hierarchy and priority rules.
Sep 16, 202414 min read
Debt Detox: Clean Slate, New Fate?
Explore the Clean Slate Theory under the IBC, detailing how resolution plans can offer companies a fresh start by extinguishing past claims.
Sep 14, 20243 min read
Crossing Borders: Simplified Merger Processes for Foreign Companies & Their Indian Subsidiaries
The 2024 Amendment simplifies cross-border mergers, requiring RBI approval and easing the process for foreign firms and Indian subsidiaries.
Sep 14, 20244 min read
Commercial Wisdom and Operational Creditors: NCLAT's Decision in Insolvency Resolution
The NCLAT ruling highlights the balance between creditor rights and commercial wisdom in insolvency, raising questions on equity for OCs.
Sep 14, 202410 min read
Corporate Fraud: Surfing the Legal Tides of Section 447 of the Companies Act, 2013
Explores the legal framework and investigation process of corporate fraud under s. 447, detailing its impact, consequences, and enforcement.
Sep 7, 20243 min read
NCLAT Clarifies Timing for Filing Section 12A of the IBC Applications Post-Liquidation
NCLAT clarifies that Section 12A applications are only permissible during CIRP, not post-liquidation.
Sep 4, 202421 min read
The IBC-Tax Nexus: Unraveling the Legal Dynamics of Corporate Insolvency and Tax Obligations
Explore the complex interactions between IBC and ITA, focusing on corporate renewal and tax compliance in insolvency scenarios.
Aug 26, 20242 min read
Delhi High Court Reinforces the Jurisdiction and Scope of Powers of NCLT
The Delhi High Court confirms NCLT's authority to handle cases involving forged documents, expanding its role in complex company disputes.
Aug 16, 20243 min read
Calcutta High Court Clarifies Personal Guarantor's Liability in Debt Assignment
Calcutta HC rules on PG liabilities, affirming non-exemption in debt shifts, upholding creditor rights under specified conditions.
Aug 14, 20243 min read
NCLT Kolkata: Leasehold Rights Cannot Be Terminated Through Resolution Plan Without Due Process
NCLT Kolkata holds that leasehold rights cannot be extinguished via resolution plans without adhering to due legal process under IBC.