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
Assertion of Innocence or Assuring Participation in Trial Not Valid Ground to Release Accused on Bail in Serious Offence: Supreme Court
The Division Bench of the Hon’ble Supreme Court (“SC”) comprising of Justice C.T. Ravikumar and Justice PV Sanjay Kumarwas hearing an appeal against the order of Jharkhand High Court (“HC”) in the State of Jharkhand
Court Can Exercise Power u/s 9 of Arbitration Act Even if Arbitration Agreement is Not Duly Stamped: Bombay High Court
The Bombay High Court (“HC”) in L&T Finance Limited v. Diamond Projects Limited and 4 Other Petitions held that under Section 9 of the Arbitration and Conciliation Act (“Act”) there is no need to determine
Group of Companies Doctrine Applies to Indian Jurisprudence; Can Also Bind non-signatories to Arbitration Agreement: Supreme Court
A Constitution Bench comprising of Dr. Dhananjaya Y. Chandrachud (CJI), Justice Hrishikesh Roy, Justice Pamidighantam, Sri Narasimha, Justice J.B. Pardiwala and Justice Manoj Misra, of the Supreme Court (“SC”) held in the case of Cox
Prior Meeting of Minds Not a Mandate to Trigger Section 34 IPC, Common Intention Can Form Even During Commission of Offence: Supreme Court
The Division Bench of the Hon’ble Supreme Court comprising of Justice Abhay S. Oka and Justice Pankaj Mithal in the matter of Ram Naresh v. State of UP has clarified that to attract Section 34
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
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