PANDEMONIUM OF MORATORIUM

Section 14 of the Insolvency and Bankruptcy Code, 2016 ("Code, 2016") provides that moratorium shall be issued by the Adjudicating Authority thereby prohibiting institution of any suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgement, decree or order etc. against the Corporate Debtor and the moratorium shall... Continue Reading →

Hon’ble Dr. Manmohan Singh releases LexisNexis Book ‘Human Dignity – A Purpose in Perpetuity’ by Ashwani Kumar

New Delhi, 19th January 2020 - Hon’ble Dr. Manmohan Singh releases LexisNexis book ‘Human Dignity – A Purpose in Perpetuity’ by Dr. Ashwani Kumar at India International Centre, New Delhi on 19th January 2020. The event was graced by Hon’ble Shri M Hamid Ansari, Hon’ble Shri L. K. Advani, Hon’ble Shri N N Vohra and Mr.... Continue Reading →

The Case of Chevron Sham Arbitration – Part I

Given the growing popularity of international institutional arbitration, the criminal prosecution of arbitrators and employees of International Arbitration Centre at Cairo, Egypt (“IAC”) for fraudulently conducting arbitral proceedings against several oil companies and refusal by American Courts to enforce the arbitral award for payment of nearly USD 18 billion in favour of more than 60... Continue Reading →

Liability of Directors in India

Introduction In the wake of recent scams in Indian business landscape and arrest of several directors, it becomes imperative for the directors to clearly understand their liabilities as directors in Indian regulatory set-up. Further, it will also be prudent for the directors to demarcate their liabilities and attempt at hedging the risk to have tranquil... Continue Reading →

FATE OF INTEREST FREE LOANS UNDER THE INSOLVENCY AND BANKRUPTCY CODE, 2016

Introduction The Insolvency and Bankruptcy Code, 2016 (‘Code’) was brought into force by the legislature with the intent of providing an effective and speedy framework for insolvency and bankruptcy of corporate persons, partnership firms and individuals. Part II of the Code titled as ‘Insolvency Resolution and Liquidation for Corporate Persons’ provides for insolvency and liquidation... Continue Reading →

STREAMLINING OPERATIONAL DEBT

NON-PAYMENT OF LEASE RENTALS IS AN OPERATIONAL DEBT UNDER THE INSOLVENCY AND BANKRUPTCY CODE The insolvency resolution process in India has in the past involved the simultaneous operation of several statutory instruments. Broadly, the Sick Industrial Companies Act, 1985 (hereinafter referred to as ‘SICA’), the Securitization and Reconstruction of Financial Assets and Enforcement of Security... Continue Reading →

Abuse of Power To Arrest: An Unruly Horse?

The rise in prosecution of white-collar crimes and economic offenses in the country bears a close nexus with stringent reforms introduced by the incumbent government to boost the economy and break the perception of opacity and corruption, that has long marred the functioning of government institutions in India. The alacrity of the police and other... Continue Reading →

Blog at WordPress.com.

Up ↑