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Comprehensive Legal Defense Against Invocation of Section 74 of the CGST Act, 2017: Analyzing ‘Willful Suppression’ in the Context of Insolvency and Non-Realization of Professional Fees
Executive Summary The present legal analysis evaluates the defense strategy for a Writ Petition challenging the invocation of Section 74 of the CGST Act on allegations of willful s
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
MSME CIBIL Score Upgradation After Insolvency: Insolvency Law, Credit Reporting Disputes, and MSME Remediation Under IBC
Executive Summary The modern Indian financial ecosystem operates on a dual-axis framework: the regulatory rigidity of banking norms and the restorative flexibility of insolvency la
Personal Criminal Liability of Directors Under Section 138 NI Act Remains Unaffected by IBC Moratorium: Bombay High Court Ruling
Introduction The intersection of insolvency law and criminal liability has emerged as one of the most debated areas in contemporary Indian jurisprudence. The Bombay High Court̵
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
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
NCLT Investigative Powers in Insolvency Proceedings: A Comprehensive Legal Analysis of NCLAT’s Landmark Ruling in Max Publicity & Communication Case
Executive Summary The National Company Law Appellate Tribunal (NCLAT), in its recent landmark judgment in Max Publicity & Communication Pvt. Ltd. v. Enviro Home Solutions Pvt.
The Moratorium Shield vs. Criminal Liability: Analyzing Section 14 of IBC and Its Impact on Cheating and Criminal Breach of Trust Cases
Understanding the Intersection of Insolvency Protection and Criminal Prosecution in India’s Evolving Legal Landscape Introduction The Insolvency and Bankruptcy Code, 2016 (IB
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
