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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
“Preferential Transactions” Section 43(3)(a) of the IBC : An Exception to Preferential Transactions
What is a preferential transaction? A Preferential Transactions is a transfer of property or an interest thereof by a corporate debtor to a creditor or a guarantor for or on accoun
PMLA and Property Freeze: A Case Analysis
Introduction The Prevention of Money Laundering Act, 2002 (PMLA) is a law that aims to prevent and punish the crime of money laundering, which involves concealing or transferring t
Suit Valuation Under CPC and Court Fees Act 1870 Guide
Introduction The Suit Valuation and Court Fee Payment are pivotal aspects of civil litigation in India. They determine the jurisdiction of the court, the amount of stamp duty, and
Confessions and Evidence Law: A Critical Analysis of the Supreme Court’s Judgment in Rajesh v State of MP
Introduction Confessions are statements made by an accused person admitting or implicating himself in a crime. They are often considered as the most reliable and conclusive evidenc
How to Appeal Against SEBI Order: SAT Appeal Procedure & Timeline
Introduction The Securities and Exchange Board of India (SEBI) operates as the apex regulatory authority governing India’s securities markets, wielding extensive powers under
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
Second Appeal under Section 100 CPC: Procedural Compliance and Substantial Questions of Law
Introduction The second appeal under Section 100 CPC operates within a carefully calibrated framework designed to ensure that substantial questions of law receive proper judicial c
Competition Commission Approval in Insolvency Resolution: The Mandatory Nature of Prior CCI Approval Under Section 31(4) of IBC
Introduction The intersection of insolvency law and competition regulation has emerged as one of the most debated areas in Indian corporate jurisprudence. When a financially distre
