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Insolvency and Bankruptcy Code 2016: Extinguishing Antecedent Liabilities and Investor Empowerment – A Critical Analysis of Judicial Interpretation
Introduction: The Transformative Framework of Insolvency and Bankruptcy Code 2016 The Insolvency and Bankruptcy Code, 2016 represents a paradigm shift in India’s approach to
Parties to a Civil Suit Under CPC Order 1: Plaintiff, Defendant, Necessary Parties
Abstract The identification and proper inclusion of parties in a civil suit forms the cornerstone of effective judicial administration in India. The Civil Procedure Code, 1908 (CPC
Arnesh Kumar Guidelines: Section 41 CrPC (BNSS 35) Arrest Rules
Case Analysis: [Arnesh Kumar Guidelines] No Contempt Action Against Police Officer Arresting Without Warrant, If Proper Explanation Given To Magistrate: Gujarat HC Introduction The
The Clean Slate Principle Under the Insolvency and Bankruptcy Code: Resolution Applicants Cannot Be Burdened with Corporate Debtor’s Electricity Arrears
Understanding the Clean Slate Doctrine in Insolvency Resolution The Indian insolvency resolution framework has witnessed significant judicial interpretation since the enactment of
Institution of a Suit Under CPC: Order 4 & Order 3 Procedure
Understanding the Initiation of Civil Proceedings in India The institution of a suit represents the foundational step in initiating civil litigation within the Indian judicial fram
Arbitration in India: An Alternative Dispute Resolution Method
Introduction In today’s complex commercial environment, disputes between parties are inevitable. Traditional court-based litigation, while effective, often involves lengthy p
Borrower’s Right to Redeem Mortgage Under SARFAESI Act: Supreme Court’s Landmark Ruling on the Extinguishment of Redemption Rights Upon Auction Notice Publication
Introduction The Supreme Court of India delivered a watershed judgment in September 2023 that significantly clarified the boundaries of a borrower’s right to redeem mortgage
Bombay High Court Grants Bail in NDPS Case Due to Non-Compliance with Section 42 of the NDPS Act
Introduction The Bombay High Court recently addressed a critical issue concerning procedural compliance under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), i
Section 34 Arbitration and Section 14 Limitation Act: Navigating Legal Interplay
Introduction Alternative dispute resolution mechanisms, particularly arbitration, have gained substantial prominence in India’s legal framework as efficient means of resolvin
Confidentiality in Corporate Insolvency Resolution Process: An Analysis of Cross-Corporate Debtor Claims Computation Under the Insolvency and Bankruptcy Code
A case analysis of Mr. Somshankar Das Gupta Vs. Mr. Rakesh Kumar Agarwal (RP) & Ors., decided by the National Company Law Tribunal (NCLT) on 10.09.2023. Introduction The corpor
