Companies Act
Preference and the Exclusion of Transfers Made in the “Ordinary Course of Business” Under the Insolvency and Bankruptcy Code, 2016
by Sriram Venkatavaradan and Saai Sudharsan Sathiyamoorthy†
Landmark Judgments on Prevention of Money Laundering Act by the SC and HC’s in 2022 Part II
by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 53
Explained | Supreme Court’s verdict on constitutionality of Section 327(7) of Companies Act vis-à-vis preferential payment of dues to workers after liquidation
The Supreme Court said that it cannot adopt a doctrinaire approach. Some sacrifices have to be always made for the greater good, and unless such sacrifices are prima facie apparent and ex facie harsh and unequitable as to classify as manifestly arbitrary, these would not be interfered with by the court. Thus, no priority can be given to workers’ dues after liquidation of the company under the IBC.
Pit Stop for Fast Track Mergers: New Notification for Swifter Implementation
by Jahnavi Srivastava* and Samarth Agarwal**
Delhi High Court grants bail to Bhushan Power and Steel Limited CFO in investigation launched by SFIO
Delhi High Court observed that while grave allegations have been made qua the applicant with regard to connivance/conspiring with the promoters and other co-accused, no allegation with regard to his receiving benefits has been made.
Restriction on Layering of Companies: Should We Go Back to the Drawing Board?
by Prerana Priyanshu† and Jishan Dediwal††
Entitlement of Dissenting Financial Creditors under IBC
by Vikas Mehta†
2023 SCC Vol. 4 Part 2
CCS (Pension) Rules, 1972 — R. 54(14)(b) — Family pension: Although Hindu Adoptions and Maintenance Act entitles widow of a government servant
[Lulu v. Coolulu] | Karnataka High Court directs Regional Director, Corporate Affairs to pass a fresh and reasoned order in the trademark dispute
In Lulu v. Coolulu trademark dispute, the Karnataka High Court chided the competent authority for not considering the nuances of the dispute properly, which meant that the impugned order did not show even a semblence of application of mind.
Delhi High Court upholds bail granted to the former director of BPSL Aarti Singhal in Bhushan Steel scam
Delhi High Court observed that in absence of any cogent, supervening circumstances necessitating cancellation of bail of the respondent/accused, the Court cannot merely cancel the bail so granted.
20th Surana & Surana National Corporate Law Moot Court Competition 2022-23
JSS Law College, Autonomous, Mysuru and Surana & Surana, International Attorneys cordially invite you to compete in the 20th Surana & Surana
Tribunals have no authority to issue instructions determining dress code for appearance of Advocates: Madras High Court
Madras High Court reiterated that wearing “gown” is only optional and not mandatory before any Courts other than the Supreme Court or the High Courts. Thus, it held that the order of the National Company Law Board imposing a dress code for Advocates for appearance before the Tribunal is without authority and hence, illegal.
To Compel or not Compel, Moving the Debate of Mandatory Shareholder Arbitration to India
by Tushar Behl† and Shreshtha Garge††
The Intersection between Arbitration and Insolvency Proceedings: An Indian Perspective
Devna Arora* and Didon Misri**
Does Civil Court have jurisdiction to determine title of shares issued ‘fraudulently’? Calcutta High Court examines
Calcutta High Court | Krishna Rao, J., held that under Companies Act, 2013, Civil Courts have jurisdiction to enquire into
Supreme Court accepts SEBI’s apology and drops contempt proceedings against it
In a matter relating to criminal proceedings against Reliance Industries, SEBI had failed to comply with the Supreme Court’s order directing it to furnish a copy of documents, leading to initiation of contempt proceedings against SEBI.
2022 SCC Vol. 10 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 14(1)(a) and 2(1)(e) r/w Ss. 11(5) and 11(6) — Application seeking termination of
The Clean Slate Theory – IBC’s Version of Hermione’s Obliviate Spell
by Akaant Kumar Mittal†
Cite as: 2022 SCC OnLine Blog Exp 83