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Promoter’s Undertaking to Infuse Funds Does Not Amount to a Contract of Guarantee Under Section 126 of the Indian Contract Act: A Critical Analysis of the Supreme Court’s Ruling
Introduction The Supreme Court of India recently delivered a significant judgment that clarifies the legal distinction between a promoter’s undertaking to arrange funds for a
Actual Control of Assets by IRP Under IBC: No Concept of Symbolic Possession
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC) represents a watershed moment in India’s insolvency regime, fundamentally transforming how corporate distress is m
Article 142 Under Scrutiny: Supreme Court’s Rare Self-Correction in the BPSL Case
Introduction In an extraordinary demonstration of judicial accountability, Chief Justice B.R. Gavai recently acknowledged that the Supreme Court’s invocation of Article 142 i
Indian Aviation Law Reforms 2024-2025: Airline Insolvency, Regulatory Overhaul, and Global Integration
Introduction The Indian aviation sector has witnessed unprecedented legal and regulatory transformations in 2024-2025, marking a pivotal moment in the evolution of domestic Indian
NCLT’s Power to Punish for Civil Contempt: A Comprehensive Legal Analysis of Section 425 of the Companies Act, 2013
Executive Summary The power of the National Company Law Tribunal (NCLT) to punish for civil contempt represents a cornerstone of judicial authority essential for maintaining the sa
Personal Guarantor Liability Post-Insolvency: Supreme Court’s Expansive Interpretation
Introduction The insolvency regime for personal guarantors to corporate debtors represents one of the most contentious and rapidly evolving areas of India’s insolvency jurisp
Group Insolvency in India: Legal Necessity or Legislative Overreach?
Introduction The insolvency of corporate groups—constellations of legally distinct entities functioning as integrated economic units—presents distinctive challenges that test t
The Intersection of SARFAESI Act and IBC: A Comprehensive Analysis of Haldiram Incorporation Pvt. Ltd. v. Amrit Hatcheries Pvt. Ltd. and Others
Introduction The interaction between the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and the Insolvency and
Demand Notice under IBC, 2016: A Comprehensive Legal Analysis
Introduction The Insolvency and Bankruptcy Code, 2016 represents a landmark consolidation of India’s insolvency laws, establishing a unified framework for time-bound resoluti
Transition from SICA to IBC: A Legal Framework Evolution in Indian Corporate Insolvency Law
Introduction The evolution of India’s corporate insolvency framework represents one of the most significant legal transformations in the country’s commercial jurisprude
