Differential Treatment of Operation Creditors

Operational creditors under Insolvency and Bankruptcy Code, 2016 (IBC) are the ones who supply goods or services to the corporate debtor in exchange for operational debt. As per Section 5(20) of IBC, an “operational creditor” means a person to whom an operational debt is owed. Section 5(21) of IBC defines “operational debt” as

“a claim for the provision of goods or services, including employment, or a debt for the repayment of dues arising under any law for the time being in force and payable to the Central Government, any State Government, or a local authority.”

RWAs and Their Role in Real Estate Insolvency under the IBC

The Insolvency and Bankruptcy Code (IBC) was introduced in 2016 which primarily aims at the resolution of corporate insolvency of corporate persons, partnership firms and individuals. The IBC framework is intended to facilitate the financially distressed corporate debtor and not as a mere recovery mechanism for creditors. Accordingly, proceedings before the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) are resolution centred and not recovery centred.

When Your Builder Goes Insolvent: Legal Rights & Remedies for Homebuyers

One of the major financial commitments is buying your own home. Unfortunately, in todays’ time, many homebuyers are facing situations where the Builders are unable to complete their Projects on time due to any reason whatsoever, and ends up into insolvency, leaving the homebuyers anxious about losing their investments. If you are also amongst such homebuyers, who are distressed by such a situation and are searching for the right path to get a resolution, you are at the right place.

OPPRESSION AND MISMANAGEMENT : THE BASICS

Before delving into the concept of oppression and mismanagement, it is necessary to begin with the judicial origin that shaped and laid down its foundational principles by emphasizing the significance of a company’s separate legal identity and the proper plaintiff rule. It provided a simple yet powerful principle of majority and minority shareholders’ right.

SUPREME COURT RESTORES PARITY BETWEEN BUYERS AND BUILDERS

Buying a home is often the biggest investment a family makes. It comes with hopes of security, stability and appreciation in value. But for many buyers across the country, this dream has been tested by long delays, mounting demands, and changing terms by the builders, backed by the arbitrary and one-sided clauses, stealthy incorporated in the Agreement. A recent judgement judgment of the Supreme Court brings this issue into sharp focus and sends an important message on fairness in builder–buyer relationships.

The Impact of RERA on Homebuyers in India

RERA has been a game changer for homebuyers in India. Real Estate (Regulation and Development) Act, 2016 (RERA) has made home buying less intimidating by prioritizing home buyers. Before enactment of the RERA, the real estate sector was largely unregulated, unfettered, leaving homebuyers with little protection. The RERA was introduced to bring transparency, accountability, and timely possession to the homebuyers.

GLIMPSE OF DATA PROTECTION ACT

Data Protection Act passed in the Rajya Sabha dated 09.08.2023. The Act came into effect on 11th August 2023. The Act will be applicable to the handling of digital personal data processed in India, whether the data is obtained online or offline and then converted to digital form.

SOCIAL MEDIA ACCOUNTS AND THEIR VULNERABILITY TO DATA THEFT

Social media has become an integral part of our lives, connecting people worldwide and facilitating communication, networking, and information sharing. However, this interconnectedness also exposes social media users to various risks, including the susceptibility to data theft.

Is Live-in Relationship Legal in India?

In recent times, societal norms have evolved, and various forms of relationships have emerged beyond the traditional concept of marriage. One such arrangement is a live-in relationship, where two individuals choose to live together without getting married.