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Private Complaints Against Corporate Fraud: The SFIO Mandate Under Companies Act 2013
Introduction Corporate fraud has emerged as one of the most challenging dimensions of white-collar crime in contemporary India, eroding investor confidence and undermining the inte
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
NCLT Approval Not Required for Criminal Complaints in High Court Wound-Up Companies: Kerala High Court Ruling
Introduction The intersection of corporate insolvency proceedings and criminal prosecution has long presented complex jurisdictional questions in Indian jurisprudence. The recent j
NCLAT on Oppression and Mismanagement: Only Existing Members Have the Right to Seek Relief
Introduction: Understanding Member Rights in Corporate Governance The recent pronouncement by the National Company Law Appellate Tribunal (NCLAT), Chennai Bench, has brought renewe
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
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
Impacts of Recent Amendments in the Companies Act on Corporate Governance
Introduction Corporate governance forms the backbone of any company’s functioning, ensuring accountability, transparency, and ethical management practices. Over the years, the
Threshold Limit Under IBC Section 9 for Initiating Insolvency: Clarification by NCLT Mumbai Bench
Introduction In a recent judgment, the NCLT Mumbai Bench has provided important clarifications regarding the applicability of the threshold limit for initiating corporate insolvenc
