NCLT to Record Cogent Reasons While Rejecting Resolution Plan u/s 31(2) of IBC: Supreme Court

NCLT to Record Cogent Reasons While Rejecting Resolution Plan u/s 31(2) of IBC: Supreme Court

The Hon’ble Supreme Court of India recently concluded that the National Company Law Tribunal (“NCLT”) while exercising its power under Section 31(2) of the Insolvency and Bankruptcy Code, 2016 (“IBC”) while rejecting a resolution plan

Compulsorily Convertible Debentures Should Be Treated As Equity For The Purpose of IBC: Supreme Court

Compulsorily Convertible Debentures Should Be Treated As Equity For The Purpose of IBC: Supreme Court

The debatable issue that arises in corporate laws pertaining to compulsory convertible debentures (CCDs) is whether such CCDs fall under the ambit of financial debt under Insolvency and Bankruptcy Code, 2016 (IBC) or not. A

Sections 95 to 100 of the IBC are Constitutional: Supreme Court

Sections 95 to 100 of the IBC are Constitutional: Supreme Court

A three-judge bench of the Hon’ble Supreme Court (SC) comprising of Chief Justice of India Dr. DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra, while considering a batch of 384 petitions moved under Article

Supreme Court Upholds that Dues of Central Board of Indirect Taxes & Customs, Department of Revenue to be paid according to the Waterfall Mechanism

In a notable Judgment dated 30.10.2023 in the case of Principal Commissioner of Customs V Rajendra Prasad Tak & Ors[1], the Hon’ble Supreme Court held that the dues of the Central Board of Indirect Taxes

IBBI Proposes Measures to Smoothen IBC Process for Real Estate Projects

IBBI Proposes Measures to Smoothen IBC Process for Real Estate Projects

In what appears to be a huge relief for homebuyers, the Insolvency and Bankruptcy Board of India (IBBI) in its Discussion Paper titled ‘Real-Estate Related Proposals- CIRP & Liquidation’ has proposed five measures to smoothen

Supreme Court Upholds Constitutional Validity of Insolvency Resolution Provisions Pertaining to Personal Guarantors

Supreme Court Upholds Constitutional Validity of Insolvency Resolution Provisions Pertaining to Personal Guarantors

The Supreme Court in Surendra B. Jiwrajika and Anr. vs. Omkara Assets Reconstruction Private Limited[i] upheld the constitutionality of the provisions under Part-III, Chapter-III of the Insolvency and Bankruptcy Code, 2016 (I&B Code) pertaining to

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