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Avoidance Transactions under the IBC: The Duty to Form an Opinion, Regulation 35A and the 2026 Changes
Companies in distress sometimes shift value out before insolvency: an old debt is paid in preference to others, an asset is sold cheaply to a connected party, or a loan is taken on
Foreign Portfolio Investors: Understanding and Navigating Enhanced Disclosure Requirements for Focused FPIs and Large Value Investors
Introduction The landscape of foreign portfolio investment in India underwent a significant transformation with the introduction of a SEBI Circular on November 1, 2023. This circul
“Ediga Anamma Vs State of Andhra Pradesh”: Evolving Jurisprudence Through Comprehensive Analysis (Supreme Court)
Introduction The case of “Ediga Anamma Vs State of Andhra Pradesh” (1974) marked a pivotal moment in India’s legal history, grappling with complex issues of crimi
Siddharth Enterprises v. Shapoorji Pallonji: A Case Note on MSME Interest Claims in Section 9 Proceedings
This note examines whether statutory interest claimed by an MSME can be relied on under Section 9 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) to establish an op
Must Operational Creditors Be Paid in Cash under a Resolution Plan? Section 30(2)(b) of the IBC after Gupta Textiles
Resolution applicants sometimes propose to satisfy operational creditors with securities instead of cash, including equity shares, preference shares, or instruments payable in the
Forum Shopping: Navigating Copyright Jurisdiction in Indian Performing Rights Society Ltd vs Sanjay Dalia & Anr
Introduction The Supreme Court’s judgment in *Indian Performing Rights Society Ltd vs Sanjay Dalia & Anr* on 1 July 2015 represents a pivotal moment in the interpretation
Charge Sheet: Arrest, Investigation, and Submission – A Comprehensive Overview
Introduction In the realm of criminal justice, the arrest, investigation, and subsequent submission of the charge sheet constitute critical phases that underscore the intera
Nifty Group: Exploring Materiality Dynamics in Top Companies’ Policies on Related Party Transactions
Introduction The concept of materiality serves as a cornerstone in corporate governance, particularly concerning related party transactions (RPTs), where transparency and accountab
FPIs’ Navigating New Cross-Border Horizons: SEBI’s Amended Disclosure Norms
Introduction The Securities Exchange Board of India (SEBI) recently issued a Circular dated March 20, 2024, marking a significant milestone in the regulatory framework governing Fo
ROC Drops Proceedings Due to Non-Applicability of Provisions Regarding Nomination and Remuneration Committee in a Private Company: A Detailed Case Study
Introduction: In the realm of corporate governance, adherence to regulatory provisions is paramount. The recent case involving the Registrar of Companies (ROC) and M/s Unique Merca
