Corporate Law Judgements

Please note that main objective of IBC,2016 is resolution of insolvency status of a Corporate Debtor through re-organisation and not liquidation. The Code,2016 empowers Operational Debtor to file CIRP under provisions of Section 10 by following due p

The Hon’ble Calcutta High Court in the matter of M/s Usha Gupta v. The Assistant Commissioner of State Tax [WPA 17530 OF 2022 dated August 10, 2022] has set aside the order and remanded the matter back to the revenue department on the ground that the

Hon'ble Supreme Court observed that a binding agreement for disputes to be resolved through arbitration is a sine-qua-non for referring the parties to arbitration.

The Hon'ble NCLAT New Delhi Bench upheld dismissal of petition filed under Section 9 of IBC,2016 on the grounds that Corporate Debtor being a solvent company and its status is MSME. The Corporate Debtor is providing employment to various persons and

The Apex Court through this judgement cleared that a owner-driver cannot claim compensation under provisions of Sections 166 & 166A of the Motor Vehicles Act,1988 for his own fault where no other vehicle involved. A owner-driver cannot be himself cla

THE APEX COURT HELD that lender giving interest free loan to Corporate Debtor in case of non -payment of the same is a Financial Creditor and eligible to apply for initiation of insolvency process under IBC,2016.

The present Appeal has been filed by the Appellant w.r.t the NCLT, Chennai Bench (Tribunal) order who has dismissed the application of Appellant solely on the ground that the Appellant being preferential shareholders has no locus standi to file appli

This is a Writ Petition under Articles 226 / 227 of the Constitution of India. Initially the writ petition was filed seeking a direction to the respondents for a declaration that adjudication of the show-cause notices dated 01.06.2006 and 28.11.2006

A contract of guarantee is of between three persons Creditor, Debtor and the Surety. The Contract of Guarantee generally made to protect interest of the creditor and provide him trust and security for payment of debt advanced to the Corporate Debtor.

The Apex Court in this case held that since there was no intimation of delay or lodging of claim and volition of clause 6(i) of the insurance policy in the repudiation letter. The insurer also disowned its claim of late intimation of claim by appoint