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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.
Aug 12, 20243 min read
Delhi High Court Upholds Clean Slate Principle: S. 32A of the IBC Different from Moratorium Period
Delhi HC rules: A corporate debtor's assets are shielded from past liabilities once a resolution plan is approved, per s.32A of the IBC.
Aug 1, 20244 min read
Corporate Guarantor v. Principal Debtor: Supreme Court Clarifies Distinct Liabilities under IBC
Supreme Court rules guarantor and debtor liabilities as distinct under IBC, allowing creditors dual recovery paths.
Aug 1, 20243 min read
Bank Guarantees Are Not CD’s Assets: NCLT Kolkata Bench Clarifies That Bank Guarantees Can Be Invoked During Moratorium Period
NCLT Kolkata confirms the independence of bank guarantees from insolvency moratoriums, ensuring enforceability during CIRP.
Jul 27, 20243 min read
[Gujarat HC] Reassessment Proceedings Set Aside Due to Jurisdiction Issues and Approval of Resolution Plan under the IBC
Gujarat HC quashes tax reassessment after case transfer and IBC resolution approval, citing lack of AO jurisdiction.
Jul 24, 20243 min read
IBC: NCLAT Rejects CIRP Application and Penalises Operational Creditor Due To Malicious Intent
NCLAT upholds penalty on OC for misuse of IBC, highlighting the need for concrete evidence in CIRP cases.
Jul 23, 20243 min read
IBC: NCLT Admits CIRP Application by BCCI Against Think & Learn Private Limited
NCLT admits BCCI's CIRP application against Byju’s parent for unpaid dues, recognising operational debt from continued sponsorship agreement
Jul 22, 20244 min read
Adherence to Limitation Periods in Insolvency Proceedings: NCLT Dismisses Personal Guarantor’s Liability Based on Limitation
NCLT rules on personal guarantor liability, highlighting the importance of limitation adherence in IBC cases.
Jul 20, 202411 min read
A New Dawn for MSMEs: The IBC's Strategic Insolvency Framework
Introduction The Insolvency and Bankruptcy Code ( ‘IBC’ ), enacted in India in 2016, provides a comprehensive framework for resolving...
Jul 20, 20244 min read
Tax Authorities Must Adhere to IBC Procedure During Liquidation: NCLAT Firmly Affirms
NCLAT rules Income Tax Dept must follow IBC rules in liquidation cases.
Jul 17, 20244 min read
[Supreme Court] No Modifications Are Permitted in the Resolution Plan Once It Is Approved by the CoC and NCLT
NCLT upholds IBC norms; bars resolution plan changes post-approval by CoC and Tribunal.
Jul 16, 20243 min read
NCLT: Serving a Demand Notice Under S. 95 of the IBC is a Mandatory Requirement, Not Merely a Formality
NCLT underscores strict procedural compliance for initiating CIRP against personal guarantors under IBC.
Jul 15, 202422 min read
From Blueprint to Reality – Mastering the Shareholders Agreement
Prefatory Note Now that we have decoded the term sheet, it is time to move from the preliminary sketches to the detailed playbook – the...
Jul 11, 202411 min read
An Introduction to the Legal Framework of Cross-Border Mergers: Structuring Considerations & Regulatory Compliances
Explore the legal intricacies of cross-border mergers, including key structuring strategies and essential compliance requirements.
Jul 11, 20244 min read
[NCLAT] Affirms IBC's Overriding Effect Over SARFAESI and RDDBFI Acts in Insolvency Proceedings
NCLAT upholds IBC's supremacy in insolvency resolutions, impacting SARFAESI and RDDBFI proceedings
Jul 11, 20243 min read
Judicial Mandate for CoC Approval: Resolution Professional’s Pre-CIRP Payments Under Scrutiny
NCLT mandates CoC approval for pre-CIRP dues paid by RP to ensure compliance.
Jul 10, 20246 min read
Tax Due Diligence
Exploring TDD's role in M&As to mitigate risks and ensure tax compliance in evolving legal landscapes.
Jun 14, 20248 min read
Navigating Personal Insolvency: Transformative Insights into India’s Legal Landscape
Explore the transformative impact of the IBC on personal insolvency in India, unveiling a structured path for individual debtors.
Jun 11, 202410 min read
Applicability of CSR Provisions to S.8 Companies
Explore the nuanced role of CSR in non-profit sectors, highlighting the specific obligations and exemptions for S.8 companies under CA13.