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The Non-Implementation of Section 243 of the Insolvency and Bankruptcy Code: Legal Implications and Current Status
Introduction The Insolvency and Bankruptcy Code of 2016 marked a watershed moment in India’s legal framework for addressing corporate and individual insolvency. Enacted to co
Constitutional Powers Immune from Moratorium under Section 14 of IBC: A Critical Analysis of NCLAT’s Landmark Decision in Canara Bank v. Deccan Chronicle Holdings Limited
Introduction The intersection of constitutional law and corporate insolvency has created complex legal questions since the enactment of the Insolvency and Bankruptcy Code, 2016 (IB
Scope and Effect of Liquidation Under the IBC 2016
Legal Framework Governing Liquidation Statutory Provisions The liquidation process under the IBC is governed by Part II, Chapter III of the Code, specifically sections 33 to 54. Se
MSME Promoter Eligibility Under Insolvency Law: Resolution Plans and Regulatory Framework
Introduction The intersection of insolvency resolution and entrepreneurial rehabilitation has always presented a delicate balance in commercial law. The question of whether
Interface Between SARFAESI Act and IBC: A Legal Analysis
Introduction The Indian financial landscape underwent a transformative shift with the introduction of the Insolvency and Bankruptcy Code, 2016. This legislation emerged as a respon
Financial and Operational Creditors under the Insolvency and Bankruptcy Code, 2016 (IBC)
Introduction The Insolvency and Bankruptcy Code, 2016 represents a watershed moment in Indian commercial legislation, fundamentally transforming how insolvency and bankruptcy pr
The Concept of ‘Dispute’ Under IBC, 2016
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC) represents a paradigm shift in India’s approach to corporate insolvency and debt recovery. Among its various provi
Section 18 of the Limitation Act applicable to IBC proceedings : Hon’ble Supreme Court of India
The Supreme Court held that Section 18 of the Limitation Act applies to actions brought under the Insolvency and Bankruptcy Code. “An acknowledgement in a balance sheet witho
Schemes of Arrangement in Liquidation Under IBC
Introduction The intersection of corporate insolvency law and schemes of arrangement represents one of the most intricate aspects of modern Indian corporate jurisprudence. The Inso
Applicability of Limitation Act 1963, in Insolvency and Bankruptcy Code, 2016.
Applicability of Limitation Act 1963, in Insolvency and Bankruptcy Code, 2016. Introduction: The Limitation Act, 1963 is the Act which governs the time period within which one can
