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Jun 11, 20243 min read
NCLT Clarifies Role and Conduct of Resolution Professionals in Insolvency Proceedings
NCLT ruling emphasizes RP's consultative role, not extending to additional consultants or decisions beyond debtor guidance.
Jun 10, 20243 min read
NCLAT Validates Ex-Post Facto Approval in Liquidator’s S. 7 Applications Under S. 33 of the IBC
Landmark NCLAT decision affirms key procedural mandates for liquidators, safeguarding creditor rights.
Jun 8, 20244 min read
Financial Creditors and Homebuyers Can Be Treated Differently Under a Resolution Plan
NCLAT upholds NCLT's decision, affirming fair treatment under IBC s.30(2)(b) for dissenting FCs and homebuyers.
Jun 7, 20243 min read
NCLAT Clarifies: Security Deposit Refunds Do Not Qualify as Operational Debt Under IBC
NCLAT ruling: Conditional security deposits can't be claimed as IBC operational debt.
Jun 1, 20243 min read
Unstamped Agreement Does Not Nullify Operational Debt Claim under the IBC: NCLAT
NCLAT ruling safeguards OCs' rights, affirming unstamped contracts still hold under IBC.
May 25, 20244 min read
Calcutta HC Emphasizes Legal & Procedural Integrity in Willful Defaulter Declarations: Reliance on Flawed Transaction Audit Report Invalidated
Calcutta HC rules against using flawed TAR for willful defaulter declarations.
May 25, 20244 min read
NCLAT Overturns NCLT Order Confirming Lack of CLB's Jurisdiction to Punish for Contempt Under the Companies Act
NCLAT rules CLB can't punish for contempt under Companies Act, dismissing NCLT's prior ruling.
May 20, 20243 min read
Debt Cannot Be Classified as a Loan in the Absence of a Contract or Agreement – NCLAT Delhi
Debt lacks the legal framework of a loan without a formal contract, rules NCLAT Delhi in Metamorphosis Trading LLP v. Sankalp Engineering.
May 19, 20242 min read
NCLT Approves Distribution of Not Readily Realisable Assets Among Stakeholders in Liquidation Case
ITAT Hyderabad clarifies that crediting revalued assets to partner accounts triggers capital gains under ITA's s. 45(4)
May 13, 20243 min read
Bombay High Court Rules on the Inapplicability of S. 32A IBC Protections to Natural Persons and Existing Directors
Explore how Bombay HC clarifies s. 32A IBC protections don't shield directors or individuals in ongoing criminal cases.
May 13, 20243 min read
Disbursal Against Time Value of Money: Understanding Financial Debt Under IBC
NCLAT's recent judgment on financial debt under IBC emphasizes the need for transparency and solid evidence in insolvency disputes.
May 9, 20249 min read
PUFE Transactions Under IBC
Explore how the IBC transforms insolvency with strict PUFE transaction laws, ensuring creditor rights and integrity in proceedings.
May 7, 20242 min read
Clarifying Eligibility: NCLAT’s Ruling on Wilful Defaulters in Resolution Proceedings
NCLAT clarifies eligibility of wilful defaulters in CIRP, balancing creditor rights and corporate revival amidst legal complexities.
May 5, 20246 min read
Due Diligence in M&A: A Detailed Overview
Unlock M&A success with essential Due Diligence insights—safeguard investments and navigate risks effectively!
May 3, 20243 min read
Third-party Assets not liable to be included in the CIRP Process initiated against the Corporate Debtor
NCLAT rules that third-party assets in possession of a corporate debtor can't be included in CIRP without a valid contract.
Apr 30, 20243 min read
Legislation by Incorporation v. Legislation by Reference: Supreme Court Explains the Jurisdiction of Special Courts
SC rules on Special Courts' jurisdiction, outlining key distinctions in legislative incorporation and reference.
Apr 30, 20243 min read
Customs v. IBC: Who controls confiscated assets?
NCLAT rules on asset control in insolvency, balancing customs authority and IBC mandates.
Apr 29, 20244 min read
Interim Moratorium Does Not Commence If Application Is Filed Before a Forum Devoid of Jurisdiction
Discover how a jurisdiction error impacted a case on interim moratoriums, setting a significant legal precedent.
Apr 27, 20249 min read
Cooperating with Resolution Professionals: A Cornerstone of Effective Resolution
Explore how Section 19 of the IBC mandates key cooperation for effective insolvency resolution, impacting all stakeholders involved.
Apr 27, 20242 min read
Bombay High Court Prohibits Issuance of S. 148 Tax Notices Following Approval of Corporate Resolution Plans
Bombay HC declares S. 148 notices void post-resolution, ensuring clean slates for companies under new management.