NewsLaw.in’s Post

NI vs. IBC judgments 💰 🖱 Just in one click, find judgments on interplay between Negotiable Instruments Act, 1881 and Insolvency and Bankruptcy Code, 2016. Further, you can also filter: -Subject/Topic wise -Section wise -Court/Bench/Tribunal wise -Month wise/ year wise -And using more multiple parameters….. 🙂 You can also filter only important judgments of the above categories with Court/Forum wise Important judgments search & filter option. 🫸 Offer Period: Subscribe Today get subscription at discounted price: https://lnkd.in/fkpcwfa Path: IBC Case Laws Portal: Select from sub-subjects: "Other Laws-Negotiable Instruments Act (NI Act) 1881 Vs. IBC". -- IBC Laws Sector-Specific Legal Research

Counterclaims in arbitration proceedings are not barred by the moratorium under Section 14 of the Insolvency and Bankruptcy Code (IBC). This is because the moratorium does not prohibit the continuation of arbitration proceedings that do not result in the depletion of the corporate debtor's assets. The court held that although a counterclaim is technically a proceeding against the corporate debtor, it has to be adjudicated by the arbitral tribunal as the corporate debtor cannot claim their money until the counterclaim is adjudicated upon. The moratorium can be imposed only if the adjudication of such a claim results in payment by the corporate debtor. However, the execution of an award against the corporate debtor is barred during the moratorium period. Various case laws and judgments from the NCLAT and the Supreme Court of India support these findings. #NCLAT #SupremeCourt

Lex update "Cross-Border Insolvency: Indian Legal Stance on Foreign Moratorium Orders" To know more, visit us at https://upscalelegal.com/ #CrossBorderInsolvency #IndianLegalSystem #InsolvencyLaw #ForeignMoratoriumOrders #InternationalLaw #GlobalInsolvency #LegalReforms #CorporateLaw #IndianJudiciary #LegalUpdates #InsolvencyAndBankruptcy #LegalPerspectives #LawAndFinance

💡 Myth Buster: Do All Financial Disputes Have to Go to Court? 💡 Myth: Every financial dispute must be resolved in court. Reality: Not true! 🚫 Many financial disputes can be resolved through Alternative Dispute Resolution (ADR) methods like mediation and arbitration. These approaches are often: Quicker ⏱️ More cost-effective 💰 Flexible ⚖️ For example: Arbitration involves a neutral third party making a binding decision. Mediation helps both sides negotiate toward a mutually agreeable solution. Financial disputes related to contracts, investments, or business disagreements can often benefit from these alternative paths—bypassing lengthy court proceedings. Remember, courts aren’t the only option! Explore your legal choices. Have you ever been part of an ADR process? Share your experience or questions below! 💬⚖️ #MythBuster #FinancialDisputes #ADR #Belegal Disclaimer: In accordance with Bar Council of India regulations, advocates are prohibited from advertising or soliciting in any manner. The content on this page is intended solely for informational purposes and should not be considered legal advice. We do not accept liability for any actions taken based on the information provided. By visiting this page, you acknowledge that you have voluntarily sought this information, and no solicitation or inducement has occurred.

Judicial Scrutiny of Share Application Transactions under Section 68: A Comprehensive Legal Analysis #ShareApplicationScrutiny #sharecapitalinvestigation #IncometaxAct #shareapplicationinvestigation #caselaw2024 #UndisclosedCashCredits #Section68 #calcuttahighcourt #jitinadityakapurcallm https://lnkd.in/gis6M8Y6

𝐈𝐧 𝐆𝐋𝐀𝐒 𝐓𝐫𝐮𝐬𝐭 𝐂𝐨𝐦𝐩𝐚𝐧𝐲 𝐋𝐋𝐂 𝐯. 𝐁𝐘𝐉𝐔 𝐑𝐚𝐯𝐞𝐞𝐧𝐝𝐫𝐚𝐧 𝐚𝐧𝐝 𝐎𝐫𝐬.  The Supreme Court ruled that insolvency proceedings post-admission are in rem, impacting all stakeholders. Withdrawals must follow Section 12A and Regulation 30A, routed through the IRP and adjudicated by the NCLT. The Court held that inherent powers under Rule 11 or Article 142 cannot override this framework. It also interpreted “any person aggrieved” under Sections 61 and 62 broadly, allowing appeals by impacted parties. This landmark judgment reinforces a fair and structured approach to insolvency settlements. #IBC #SupremeCourt #InsolvencyLaw

Understanding the arbitration and conciliation laws in India is crucial for businesses to navigate disputes effectively. These laws provide a structured process for resolution while promoting fairness and efficiency. Stay informed to protect your business interests. #ArbitrationLaws #Conciliation #LegalSystem

🔖 Legal ‘Kisse’ of Last Week - 97th Edition 🔖 Dive into this week’s insights on key legal developments, with a particular focus on the latest rulings under the Insolvency and Bankruptcy Code (IBC) 2016 and the Arbitration and Conciliation Act 1996. Explore landmark decisions, including NCLAT's perspectives on stamping inadequacies and corporate debtor liabilities, as well as the nuanced stance on arbitration agreements under Section 11. Stay updated with crucial legal principles shaping the future of insolvency and arbitration in India. 📖 Knowledge is Power. Stay Informed. Ashutosh Gupta and Gaurav Rana #LegalKisse #CIRP #Liquidation #Insolvency #IBC #ArbitrationAndConciliationAct #CommercialAndCompaniesAct #LegalUpdates #KnowledgeSharing #StayInformed #Mergerandamalgamation #Demerger #Restructuing #ils #legalkisse

COMMERCIAL COURTS ACT ,2015 An act to provide a mechanism for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto. To be precise: For the speedy disposal of high value commercial disputes which had been a great consideration for the Government and looking into the complexity involved in those cases and the question of law involved....law commission in its 253rd report set out the frame work and establishment of commercial courts to dispose commercial cases within two years. It was government's apprehension of that period that this early resolution of commercial disputes shall create a positive image to the investors world about the independent and responsive Indian legal system . It was Act no . 4 of 2015 consisting of 23 chapter divided into 7 chapters. It came into force on 23/10/2015. Stay connected for further information on the topic 🙂

#BSEdit | India must reform its judicial system to enable faster dispute resolutions. This will help improve overall investor confidence and ease of doing business Read here: https://mybs.in/2dZfeMM #investment #arbitration #law