GNLU | 6th International Conference on Economic Analysis of Law, Governance and Public Policy
GNLU Centre for Law and Economics, is committed to promoting the interdisciplinary study of law and economics in India, is
insolvency and bankruptcy code
Date of default and acknowledgement are two different events; NCLAT imposes penalty of Rs. 25 lakhs for attempting to stop implementation of a RERA order
National Company Law Appellate Tribunal | While dealing with an appeal challenging the impugned order passed by NCLT, Ashok Bhushan*, J., Dr.
NCLAT | Insolvency and Bankruptcy Code does not contemplate lookback period; Information and relevant documents not to be withhold from Liquidator to investigate transactions done even beyond two years from Insolvency Commencement Date
National Company Law Appellate Tribunal | While dealing with an appeal challenging the impugned order passed by NCLT, Anant Bijay
The Clean Slate Theory – IBC’s Version of Hermione’s Obliviate Spell
by Akaant Kumar Mittal†
Cite as: 2022 SCC OnLine Blog Exp 83
Tweaking the Thresholds under IBC through Indexation
by M.P. Venkateshwara Perumal*
2022 SCC Vol. 9 Part 5
Arbitration and Conciliation Act, 1996 — Ss. 7, 8 and 11 — Essential requirements of arbitration agreement: When there is discernible intention
No prohibition on advocate to represent different company in separate proceedings filed under Section 7 IBC: NCLAT
National Company Law Appellate Tribunal: While dealing with a matter seeking expunging the adverse remake made against the appellant, a
NCLT approves acquisition of Sterling Biotech Ltd. by US-based food tech ‘Perfect Day’
National Company Law Tribunal | In an application filed under S. 60(5) of the Insolvency and Bankruptcy Code, 2016, a
Delhi High Court | PMLA seeks to subserve a larger public policy imperative; Moratorium under S.14 IBC does not affect ED’s attachment power under PMLA
An order of attachment when made under the PMLA does not result in the corporate debtor or the Resolution Professional facing a fait accompli.
Differentiating Between Statutory vis-à-vis Contractual Charge Holders – Relevance During Liquidation – Analysis
by Akaant Kumar Mittal†
Cite as: 2022 SCC OnLine Blog Exp 81
2022 SCC Vol. 9 Part 3
Constitution of India — Art. 21 — “Victim” of crime: Scope of rights of “victim” of crime, to participate in
[Top 15 Rulings from Tribunals and Commissions] GST; MakeMyTrip, Goibibo, OYO and Google penalized by CCI; Violation of Code of Ethics & Broadcasting Standards by News18; Bombay Dyeing and Wadia Group penalized by SEBI etc.
Authority for Advance Ruling (AAR) Gujarat Authority for Advance Ruling| ‘Combined Wire Rope’ not a part of the fishing vessel, thus, not
2022 SCC Vol. 9 Part 2
Arbitration and Conciliation Act, 1996 — S. 31(7) and Ss. 17, 21, 23(3), 24(1), 25, 26, 29 and 85(2)(a) —
Role of Reserve Bank of India in the Conundrum of Resolution of Stressed Assets
by Swarnendu Chatterjee+ and Anwesha Pal++
Cite as: 2022 SCC OnLine Blog Exp 75
2022 SCC Vol. 8 Part 3
Civil Procedure Code, 1908 — Or. 7 R. 11(d) and Or. 14 R. 2: Limitation as a ground for rejecting
2022 SCC Vol. 8 Part 2
Civil Procedure Code, 1908 — S. 96, Or. 41 Rr. 31 and 33: Principles summarised regarding powers and duty of
IBC-Limitation| Pendency of proceedings in a parallel forum not sufficient cause for delay in filing Section 9 IBC application: Supreme Court
“A claim may not be barred by limitation. It is the remedy for realisation of the claim, which gets barred by limitation.”
IBC’s Section 53 does not over-ride Section 48 of GVAT Act; Adjudicating Authority may reject Resolution Plan if it ignores statutory dues payable to State/Legal authority: SC
Supreme Court: The bench of Indira Banerjee* and AS Bopanna, JJ has reversed the NCLAT order wherein it was held that the
IBC prevails over Customs Act once moratorium is imposed; CBIC has limited jurisdiction, cannot initiate recovery of dues: Supreme Court
Supreme Court: The 3-judge bench of NV Ramana*, CJ and JK Maheshwari and Hima Kohli, JJ has held that the Insolvency and
No Smooth Sailing For Insolvency Law
by Shyam Kapadia† and Dhruva Gandhi†