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

Supreme Court Reaffirms Rainbow Papers Case Law, Dismisses Review Petition

Supreme Court Re-Affirms The Law Laid Down In The Case Of Rainbow Papers By Dismissing Review Petition

Introduction The recent judgment of the Supreme Court comes as a major drawback to lenders as the Court dismissed the Review Petitions filed by the Lenders seeking review of earlier judgment passed by the Court.

The SC Clarifies The Limitation Period For CIRP And Claim Lodging Based On DRT Recovery Certificate

The SC Clarifies The Limitation Period For The Purposes Of Initiating CIRP And Lodging Claim During CIRP On The Basis Of A DRT Recovery Certificate As Financial Debt.

The Hon’ble Supreme Court (SC) in the case of Tottempudi Salalith Vs. State Bank of India & Ors.[1] has affirmed its previous judgments and held that a DRT Recovery Certificate holder shall have, from the

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