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Insolvency v/s Financial Crimes: NCLT’s Stand on ED’s Powers
The NCLT’s decision reaffirms the principle that a clear distinction must be maintained between the provision of IBC and PMLA.
Samriddhi, Saakshi Iyer
Apr 276 min read
51
Rule 25A Amendment: Doing Away with NCLT Approval in Cases of Reverse FlippingÂ
This blog analyses the merger process under the new rules while comparing it with the process under older regulations,
Pranjal Nayak
Apr 15 min read
255
The Philips Exception To Capital Reduction
The tribunal’s stance to reject Philips’ application for capital reduction reflects a restrictive and flawed interpretation of the law.
Mokshi Rawal
Dec 29, 20245 min read
313
Navigating Directors' Duties: The Case for Codifying Business Judgment Rule in India
The codification of the BJR would balance judicial interference with independence in corporate decision-making.
Archie Aherwar
Dec 26, 20246 min read
267
Churning the Ocean: The Irony of Section 230's Shield against IBC's Purge
The authors conclude that the dictum is prone to irony and contradicts the objectives of the IBC.
Aditi, Abha Singhal
Nov 9, 20247 min read
479
MCA Revamps M&A Rules: New Amendments to Rule 25A Simplify Reverse Flipping Process
MCA streamlines and simplifies the regulatory framework for transnational mergers.
Yash Kaushik
Oct 31, 20245 min read
646
Family Feuds at Work? Re-Thinking the Lifting of the Corporate Veil
NCLT must evolve to address the complexities of family-owned businesses, recognizing the impact of family dynamics on corporate governance.
Rikhil Haldar, Tanya Mahajan
Jul 20, 20246 min read
896
Arbitrability of Shareholder Disputes in India: Addressing "Dressed-Up" Corporate Oppression Claims
Arbitration can be initiated while dealing with shareholder disputes if it is found that the origin of the dispute lies in the agreement.
Prakhar Khandal, Jitesh Lakra
Jul 19, 20247 min read
1,174
MSME Exemption under IBC: Closing the Loophole
It is important that the law laid down in the case of Hari Babu Thota be reviewed.
Masad Khan
Jan 28, 20246 min read
1,744
Unveiling Appeal Limits: Supreme Court Verdict on Section 61 of IBC
The recent Supreme Court judgment has brought forth a crucial clarification regarding the limitation for filing appeals under Section 61.
Subhasish Pamegam
Jan 27, 20247 min read
1,325
CCDs: Balancing Investor Interests and Fairness in Legal Interpretation
The exploration of CCDs in insolvency cases shows a complex scenario where debt and equity distinctions are blurred.
Sidhanth M K Majoo, Arpit Dhingra
Jan 26, 20246 min read
321
What Art Thou, CCD: Debt Equity or Still a Confusion?
Hybrid securities, by virtue of having the best of both the worlds of debt and equity, are a highly desirable instrument.
Pratyanik Chakraborty
Jan 22, 20246 min read
510
NCLAT’s Ruling on CIRP’s Misuse through Barter Agreement and RERA’s Right To Appeal
The legal stance taken by NCLAT ensures that the remedy of compensation granted by RERA remains a robust and effective tool for homebuyers.
Garvit Shrivastava, Harshita Dhakad
Jan 18, 20247 min read
593
An Attempt to Align IBC with CTC: A Step in the Right Direction?
This article seeks to analyze the rationale and implications of the change to the aviation sector through the lens of the IBC.
Ishita Warghat
Dec 31, 20235 min read
350
Paper Tigers: NCLT and NCLAT’s Contempt Jurisdiction under the IBC
A court of law that cannot ensure compliance to its orders is a mere courthouse of brick and mortar.
Shweta Kushe
Nov 30, 20238 min read
1,846
How the EU Mobility Directive Shapes Indian Cross Border Demergers?
The prominence of cross border demergers should be acknowledged as a lucrative option of corporate restructuring.
Runjhun Sharma
Nov 25, 20235 min read
192
Cape Town Convention and Insolvency and Bankruptcy Code: Recent MCA Notification
Not only did the NCLT decision disallow the repossession of aircraft by the lessor, but it also projected India as a risky jurisdiction.
Govinda Asawa, Arayan Khare
Nov 4, 20235 min read
582
Consent Terms under IBC and Revival of CIRP on its Breach
The recognition of consent terms under the IBC represents a significant development in the Indian insolvency regime.
Nakshatra Gujrati
Aug 18, 20235 min read
1,212
Mind Your Business: Minority Shareholder Protection in Private M&A
The amendment is a welcome step in aligning private M&A with identical checks by the NCLT through schemes, thus protecting shareholders.
Bhaskar Vishwajeet
Jul 26, 20236 min read
1,010
Pre-Packaged Insolvency for MSMEs in India: A Shot in the Arm?
Authors analyse reasons for introduction of pre-packaged insolvency resolution process and highlight its potential challenges.
Shivam Bhattacharya, Naman Jain
Jun 1, 20225 min read
1,042
Mandatory Pre-Insolvency Restructuring: The Next Step in the Evolution of Our Insolvency Ecosystem
The author is of the view that a pre-insolvency restructuring process will arrest the flow of cases to the NCLT.
Dakshita Chopra
Feb 8, 20225 min read
302
Going Belly Up: How Conglomerates can be Prevented from causing Economic Crises
[Ananya Sharma and Zaara Zia are fourth-year students of Amity Law School, Noida.] The credit business of banks is on the rise, in...
Ananya Sharma, Zaara Zia
Oct 11, 20186 min read
42
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