Authentic Legal Advice

REMEDIES FOR THE RESIDENT WELFARE ASSOCIATION, IF THE BUILDER IS NOT PAYING THE MAINTENANCE

Advocate Chetna BishtJanuary 19, 20240 CommentsAuthentic Legal Advice, Legal Advisory, Legal OutsourcingCommittee of Creditors, Consumer Protection Act

The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted in India to regulate the real estate sector and...

Navigating the Impact: Unravelling the Dynamics of the Digital Personal Data Protection Act 2023 on Modern Businesses

lakshaybansalJanuary 17, 20240 CommentsAuthentic Legal Advice, Legal AdvisoryCommittee of Creditors, Consumer Protection Act, National Company Law Tribunal

The advent of the Digital Personal Data Protection Act 2023 (DPDPA) marks a pivotal transformation in the realm of data...

DAWN OF A NEW ERA: UNVEILING DIFFERENCES AND IMPLICATIONS OF INDIA’S REVAMPED CRIMINAL LAWS

Adv SwatiJanuary 12, 20240 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal AdvisoryCommittee of Creditors, Consumer Protection Act

India's legal landscape has been reshaped with the unveiling of the Bharatiya Nyaya Sanhita, 2023, Bhartiya Nagarik Suraksha Sanhita, 2023,...

Appeal to Hon’ble National Company Law Appellate Tribunal (NCLAT) and limitation period thereof

hritik9484January 11, 20240 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery ManagementCommittee of Creditors, Consumer Protection Act

Any person aggrieved by the order of the Hon’ble Adjudicating Authority i.e. National Company Law Tribunal (“NCLT”) under Section 61(1)...

The contours of Data Law Regulation in India- An analysis of framework

jebaboktiarmondal@gmail.comJanuary 9, 20240 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal AdvisoryCommittee of Creditors, Consumer Protection Act

India, recognizing the importance of safeguarding individual privacy, has taken significant steps to enact laws and regulations aimed at regulating...

Understanding the Transfer of Property through Gift Deeds

Anurag KumarJanuary 9, 20240 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal AdvisoryCommittee of Creditors, Consumer Protection Act

The act of giving is a timeless expression of generosity and goodwill. In the realm of legal transactions, the transfer...

Catalyzing Compliance: Procedural Framework for Insolvency Professionals in Accessing Income Tax Portals for Corporate Debtors

lakshaybansalJanuary 8, 20240 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal AdvisoryCommittee of Creditors, Consumer Protection Act

The designation and subsequent empowerment of an Insolvency Professional (IP) within the framework of a Corporate Debtor entail an array...

Navigating the Evolving Landscape of RERA Laws: A Present Perspective

jebaboktiarmondal@gmail.comJanuary 8, 2024January 9, 20240 CommentsAuthentic Legal Advice, Legal AdvisoryCommittee of Creditors, Consumer Protection Act

In recent years, Real Estate Regulatory Authorities (RERAs) have emerged as key players in shaping the real estate sector, ensuring...

ARBITRATION AGREEMENTS IN UNSTAMPED CONTRACTS

Adv SwatiJanuary 4, 20240 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal AdvisoryCommittee of Creditors, Consumer Protection Act

Section 7 of the Arbitration and Conciliation Act, 1996 defines an arbitration agreement as "an agreement by the parties to...

REMEDIES FOR NON – REGISTRATION OF FIR

khyatikhemkaDecember 28, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In WayCommittee of Creditors, Consumer Protection Act

It is stated under Section 154(3) of the Code of Criminal Procedure that if a person is refused by an...

NAVIGATING CONFLICT VIRTUALLY AMIDST THE COVID-19 PANDEMIC

Shivam BakshiDecember 27, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In WayCommittee of Creditors, Consumer Protection Act

A paradigm shift in many facets of daily life, including the resolution of disputes, has been sparked by the COVID-19...

Legal Remedies for Removal of Disqualification of Directors

Advocate Chetna BishtDecember 26, 20230 CommentsAuthentic Legal Advice, Legal AdvisoryCommittee of Creditors, Consumer Protection Act

As per the provisions mentioned in the Companies Act 2013, a director of a company can be disqualified for five...

Upholding Justice and Dignity: A Comprehensive Guide to the Rights of an Arrested Person in India

AdminNovember 17, 20230 CommentsAuthentic Legal Advice, Government Advisory, Legal AdvisoryCommittee of Creditors, Consumer Protection Act, National Company Law Tribunal

Arrest is a critical juncture in the criminal justice system, where an individual's rights must be upheld to ensure a...

Forums Under RERA

Alok Narayan PathakNovember 8, 20230 CommentsAuthentic Legal Advice, Legal AdvisoryRERA, RERA Act, RERA-Registration

The Real Estate Regulatory Authority Act, 2016 (hereinafter referred to as RERA Act) intends to provide efficiency and transparency to...

Cyberbullying and Legal Remedies in India

Shivam BakshiNovember 2, 20230 CommentsAuthentic Legal Advice, Legal AdvisoryCommittee of Creditors, Consumer Protection Act

The use of digital channels such as social media, email, or text messaging to harass, threaten, or intimidate someone is...

PERSONAL DATA CONSENT REQUIRED OR NOT UNDER PERSONAL DATA LAW IN INDIA

Vikram Kumar MalveeyaOctober 31, 2023October 31, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal AdvisoryCommittee of Creditors, National Company Law Tribunal

Section 2(g) of The Digital Personal Data Protection Act, 2023 (hereinafter referred to as ‘the act’) defined ‘Consent Manager’ (hereinafter referred...

Erasing the Digital Past: The Right to be Forgotten Unveiled in the Data Protection Law

Alok Narayan PathakOctober 27, 2023October 31, 20230 CommentsAuthentic Legal Advice, Legal AdvisoryCommittee of Creditors, Consumer Protection Act

In the contemporary age, we find ourselves in a situation where a substantial amount of our personal data is readily...

Duties and functions of Agents and Promoter under RERA Act 2016

udit sharmaOctober 23, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal OutsourcingRERA, RERA-Registration

Enacting of the RERA Act, 2016 made registration and duties of promoters and real-estate agents compulsory. The reason why the...

Arbitrator- appointment and their multiple aspects

Vikram Kumar MalveeyaOctober 16, 20230 CommentsAuthentic Legal Advice, Legal Advisory, Tender ServicingCommittee of Creditors, Consumer Protection Act

As per the black law dictionary, the arbitrator is a “private, disinterested person, chosen by the parties to a disputed...

Unveiling the Shadows: Understanding Money Laundering

abhay5308October 12, 2023October 12, 20230 CommentsAuthentic Legal Advice, Legal AdvisoryCommittee of Creditors, Consumer Protection Act

Money laundering, a clandestine financial process that often involves dirty money being transformed into clean assets, poses a significant challenge...

CHILD CUSTODY ON MATRIMONIAL DISPUTES AND THE NEED TO REVAMP

khyatikhemkaOctober 11, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In WayReal Estate Regulation and Development Act, Real Estate Regulatory Authority

Matrimonial disputes are an inevitable derivate of both the dispute redressal system and conjugal distress. Specifically in cases of divorce,...

OVERRIDING EFFECT OF INSOLVENCY AND BANKRUPTCY CODE, 2016

Shivam BakshiOctober 10, 2023October 10, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In WayCommittee of Creditors, Consumer Protection Act

The Insolvency and Bankruptcy Code, of 2016 introduced a paradigm shift in India’s corporate legal landscape. One of its most...

A COMPARISON BETWEEN EU GENERAL DATA PROTECTION REGULATION AND INDIA’S PERSONAL DATA PROTECTION BILL

lakshaybansalOctober 4, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal AdvisoryNational Company Law Tribunal, Real Estate Regulatory Authority

India has recently made significant strides to establish itself as a leading global digital economy. But compared to other nations...

PROCEDURAL DEVIANCE OF DELEGATED LEGISLATION FROM PARENT ACT

jebaboktiarmondal@gmail.comOctober 4, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal AdvisoryBuilder-Buyer Agreement, CIRP under IBC, Committee of Creditors

Through primary legislation, Parliament allows others to enact laws and rules through delegated legislation. The law established through delegated legislation...

HOW TO CLAIM SHARES FROM (IEPF) AUTHORITY

lakshaybansalSeptember 29, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal AdvisoryCIRP under IBC, Committee of Creditors

When a dividend is declared by a company but has not been paid or claimed within 30 days, the company...

Importance of Non-Disclosure Agreement

khyatikhemkaSeptember 27, 20230 CommentsAuthentic Legal Advice, Legal Advisory, Tender ServicingCommittee of Creditors, Consumer Protection Act

Whenever the decision makers are involved in sensitive discussions of any commercial, it is always important to ensure an NDA...

EXAMINING WRONGFUL ARREST THROUGH LEGAL PROVISIONS

Shivam BakshiSeptember 26, 20230 CommentsAuthentic Legal Advice, Legal Advisory, Legal OutsourcingCommittee of Creditors, Consumer Protection Act

Unlawful or wrongful arrest in India represents a grave miscarriage of justice, where individuals are apprehended by Law enforcement without...

Interim Finance during CIRP under Insolvency & Bankruptcy Code, 2016 (“IBC”)

hritik9484September 25, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal OutsourcingCIRP under IBC, Committee of Creditors, Consumer Protection Act

Interim Finance is defined under Section 5 (15) of the IBC, 2016 which means

LAWS PROHIBITING CONVERSION FOR MARRIAGE

jebaboktiarmondal@gmail.comSeptember 21, 20230 CommentsAuthentic Legal Advice, Legal Advisory, Project FundingConsumer Protection Act, Financial Creditors

The Indian state Uttar Pradesh recently notified Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 which attracted massive outrage as it was seen as an attempt to criminalize freedom of faith...

SOCIAL MEDIA ACCOUNTS AND THEIR VULNERABILITY TO DATA THEFT

AdminSeptember 20, 20230 CommentsAuthentic Legal Advice, Legal Advisory, Legal OutsourcingConsumer Protection Act, Entrepreneurs

Social media has become an integral part of our lives, connecting people worldwide and facilitating communication, networking, and information sharing....

Article 15: Safeguarding Against Discrimination – The Heart of India’s Constitution

AdminSeptember 19, 20230 CommentsAuthentic Legal Advice, Legal AdvisoryConsumer Protection Act, Real Estate Regulatory Authority

In the tapestry of India's Constitution, Article 15 stands as a vibrant thread, woven with the purpose of eliminating discrimination...

Litigation Costs: Understanding the Expenses of Legal Battles

satyampb07September 19, 20230 CommentsAuthentic Legal Advice, Legal AdvisoryCommittee of Creditors, resolution professional

In the realm of the law, disputes between individuals, businesses, or organizations often lead to court cases. These legal battles,...

How to Send a Legal Notice to Tenant to Vacate Premises in India

AdminSeptember 15, 2023September 19, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In WayBuilder-Buyer Agreement, Committee of Creditors

As a landlord, if you find yourself in a situation where you need your tenant to vacate the premises, sending...

Introduction to One Person Company

khyatikhemkaSeptember 13, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal AdvisoryCommittee of Creditors, Consumer Protection Act

A One Person Company (for short “OPC”) is a company incorporated by a single individual. Before the Companies Act 2013,...

Same Sex Marriages in India: A complete overview

abhay5308September 8, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In WayCommittee of Creditors, Consumer Protection Act, National Company Law Tribunal

India, like many countries worldwide, has experienced notable advancements in recognizing Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning i.e. LGBTQ+...

EMPLOYEE STOCK OPTION PLAN

khyatikhemkaSeptember 7, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal AdvisoryNational Company Law Tribunal, provisions of the IBC, resolution professional

Sec 2(37) of the Companies Act, 2013 defines "employees stock option" read with Sec 62(1)(b) of the Companies Act, 2013...

STAGES OF ARBITRATION IN INDIA

Shivam BakshiSeptember 6, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal AdvisoryReal Estate Regulation and Development Act, Real Estate Regulatory Authority

Arbitration is a dispute resolution process outside the traditional court system, gaining prominence in India due to its efficiency and...

Arbitrator Selection/Removal in 1996 Act

Shivam BakshiSeptember 5, 2023September 5, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In WayCommittee of Creditors, provisions of the IBC

The arbitrator is a neutral third party who is appointed to resolve a dispute between two or more parties outside...

Handling Phone Call Harassment?

Chinmay JainSeptember 1, 2023September 1, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In WayIndian Real Estate Sector, Insolvency and Bankruptcy Board of India

Unwanted telephone calls can be a nuisance, but they can also be a form of harassment. If you are receiving...

Pending suit referred to arbitration

Chinmay JainAugust 31, 2023August 31, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal AdvisoryCommittee of Creditors, Indian Real Estate Sector

A pending suit can be sent for arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. This section states...

EMPLOYEE STOCK OPTION PLAN

Shivam BakshiAugust 30, 2023August 31, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In WayEmployeeIncentives, EmpowerYourTeam

Sec 2(37) of the Companies Act, 2013 defines "employees stock option" read with Sec 62(1)(b) of the Companies Act, 2013...

Maintainability of Writ Petition for Private Banks or not?

Chinmay JainAugust 29, 2023August 29, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Wayprotection of fundamental rights, Writ Jurisdiction for Supreme Court

Recent years have seen a lot of discussion over the viability of a writ suit against a private bank under...

Writ Jurisdiction for Supreme Court

Chinmay JainJuly 21, 2023July 23, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Government Advisoryprotection of fundamental rights, Writ Jurisdiction for Supreme Court, Writ Jurisdiction in India

A person has the fundamental right to lodge a complaint or grievance to the court regarding any administrative action. The...

Real Solution for Real Estate Insolvencies

khyatikhemkaJuly 18, 2023July 23, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Government Advisory, Insolvency & Bankruptcy Code 2016Committee of Creditors, Insolvency and Bankruptcy Code 2016, insolvency proceedings under the IBC, insolvency resolution of real estate companies, project-wise and reverse CIRP, project-wise insolvency, Real Solution for Real Estate Insolvencies, Reverse Insolvency

The major challenges in the insolvency resolution of real estate companies arise from the peculiarities of this sector, especially since...

The Real Estate (Regulation And Development) Act, 2016- A Boon for the Flat Buyers

AdminJuly 17, 2023July 23, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, RERA Consultingbuilders and buyers, Consumer Protection Act, dispute resolution in RERA, impact of RERA on GST, Input Tax Credit, Real Estate Regulatory Authority, rera benefits to home buyers, rera new rules 2022, RERA-Registration

The parliament in order to regulate this one of the fastest-growing sectors passed “The Real Estate (Regulation and Development) Act,...

What are Trademarks in India?

deepali567July 16, 2023July 23, 20230 CommentsAuthentic Legal Advice, Government Advisory, Legal Outsourcing, Tax Advisoryacquisition of trademark rights in india, history of trademark law in india, legal professional, process of registering a trademark in India, remedies against infringers, Trade Marks Act of 1999, Trade Marks Rules of 2017, trademarks in India

In India, a trademark is defined under the Trade Marks Act, of 1999. It is a recognizable mark or symbol...

Succinct Summary of The Fast Track CIRP under IBC, 2016

Shivam BakshiJuly 15, 2023July 23, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Government Advisory, Grievance Redressal, Insolvency & Bankruptcy Code 2016Committee of Creditors, Fast Track Corporate Insolvency Resolution Process, fast-track CIRP, How FTCIRP is initiated, Insolvency and Bankruptcy Code 2016, WHAT IS FTCIRP, Who is a corporate debtor in a FTCIRP

The fast-track CIRP is designed to expedite the insolvency process for smaller companies and enable their efficient restructuring or liquidation.

Deciphering the Enigma of Interim Moratorium under IBC

Shivam BakshiJuly 14, 2023July 23, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Grievance Redressalan insolvency process under IBC, Ashok Mahindru and Ors. Vs. Vivek Parti, Insolvency and Bankruptcy Code 2016, insolvency proceedings, insolvency resolution process under IBC, Interim Moratorium under IBC, interim moratorium under Section 96, liquidation of the personal guarantor, What is an Interim Moratorium?

Insolvency and Bankruptcy Code, 2016 brings in the concept of Interim Moratorium, which offers protection to individuals during the insolvency...

Understanding the interpretation of the Insolvency and Bankruptcy Code, 2016

Adv SwatiJuly 13, 2023July 23, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Government Advisory, Insolvency & Bankruptcy Code 2016Arbitration and Conciliation Act 1996, filing of an application under Section 7(1), insolvency and bankruptcy landscape in India, Insolvency and Bankruptcy Laws, interests of creditors and debtors, interpretation of the IBC, petition under Section 9 of the IBC, provisions of the IBC

Interpreting the Insolvency and Bankruptcy Code 2016 and sheds light on its significance in shaping the insolvency and bankruptcy landscape...

Proposed Amendments in the Insolvency and Bankruptcy Code, 2016

Shivam BakshiJuly 12, 2023July 23, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016COC meetings., Insolvency and Bankruptcy Code 2016, progress of CIRP to the creditors, proposed amendments in the IBC, resolution plan approved by COC, resolution process

The issues that are adversely affecting the efficiency and effectiveness of the resolution process and for increasing the possibility of...

Taxation of Virtual Digital Assets

Adv SwatiJuly 10, 2023July 23, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016, Tax Advisorycryptocurrency exchange platform, Finance Bill 2022, frequency of transactions in the VDA market, Income tax act of 1961, Indian Finance Budget, VDA taxation, virtual digital asset

The Hon'ble Finance Minister stated that the scale and frequency of transactions in the VDA market made it necessary to...

The best time to file a case under RERA is NOW

UditJune 29, 2023July 10, 20230 CommentsAuthentic Legal Advice, Legal Advisory, Registration And Compliance, RERA Consultingcomplaints and grievances, file a case under RERA, Imperia Structures v. Anil Patni case, issues of home buyers, issues related to RERA, promoter under RERA, protects the interests of homebuyers, RERA has affected Home-buyers, RERA requirement

RERA was implemented to acknowledge and solve discrepancies and issues of home buyers. By establishing rules for the sale of...

Corporate Social Responsibility and its Insolvency

UditJune 28, 2023July 10, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, RERA ConsultingBankruptcy and insolvency with CSR, Companies Act 1956 introduces Corporate Social Responsibility, Corporate Social Responsibility, corporate social responsibility committee, Insolvency and Bankruptcy Code 2016, policy of CSR, proceedings of Bankruptcy and insolvency

In the past few decades, business leaders as well as philosophers came up with a new phenomenon which is Corporate...

Recovery of due amount under the MSMED, 2006

hritik9484June 27, 2023July 10, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Legal Advisoryamount due under Section 17, Arbitration and Conciliation Act 1996, provisions of Section 18 of the MSMED Act 2006, sellers registered under the MSMED Act 2006, Udyam Registered units under the MSMED Act, unit registered under MSME

How a unit registered under MSME can recover the money as per the provisions of the Act? What are the...

Unveiling The Dark Side of Subvention Scheme

Alok Narayan PathakJune 26, 2023July 10, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisory, Registration And Compliance, RERA Consultingdeveloper failed to pay the EMI till possession, How does Subvention Scheme work?, liquidity of real estate developers, NHB Intervention, Post-Subvention Scheme Removal, subvention loans, subvention scheme, under-construction projects.

Subvention schemes, brings to light incidents of harassment, and analyses how fraud continues to exist in the market despite regulatory...

Maternity Leave- A Fundamental Human Right

Vikram Kumar MalveeyaJune 25, 2023July 10, 20230 CommentsAuthentic Legal Advice, Government Advisory, Legal AdvisoryFundamental Human Right, Maternity Leave

the Hon’ble Supreme Court of India held that provisions of the Maternity Benefit Act, 1961 even applied to women who...

The Authority Of The Nclt To Review Itself

Abhishek NemaJune 19, 2023July 7, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryAgarwal Coal Corporation Private Limited v. Sun Paper Mill Limited & Anr., appeals against orders passed by NCLT, can nclt recall its order, CIRP proceedings against the Corporate Debtor, Insolvency and Bankruptcy Act, Rajendra Mulchand Varma & Ors. v. K.L.J Resources Ltd & Anr., recall of order under ibc

The reviewing court can reverse the original decision or amend it as needed. With the passing of time, the judiciary...

Cheque bounce cases against non-residents of India (NRIs) and exemption from personal experience.

Aadv. Vineeti SumanJune 17, 2023July 7, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 20161973, complaint under Section 420 for cheating under the IPC, criminal complaint under section 138, Criminal Procedure Code, non-bailable warrant, notice under section 138 NIA, offence of cheque dishonour cases

The offence of cheque bounce is punishable u/s 138 with a fine which can extend to twice the cheque amount...

The attachment of assets by the ED under the PMLA Act is not permissible once a company has entered insolvency

AdminJune 15, 2023July 7, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Legal Advisoryassets of a company undergoing insolvency proceedings, authorities under the PML Act, completion of the CIRP, Conflict between PMLA and IBC, Insolvency & Bankruptcy Code, insolvency proceedings, insolvency resolution professional (IRP), Prevention of Money Laundering Act, property under PMLA Act

Asset attachment by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA) is critical in combating money...

The Moral Doctrine of Active and Passive Euthanasia

Riyaa TyagiJune 12, 2023July 7, 20230 CommentsAuthentic Legal Advice, Legal Advisory, Legal Outsourcingactive and passive euthanasia, case of Common Cause v. Union of India, Criminal Law in India, euthanasia under strict guidelines and conditions, Section 302 of the Indian Penal Code, voluntary active euthanasia

In India, the legal framework surrounding euthanasia seeks to strike a balance between individual autonomy and stringent safeguards to prevent...

Can an employee be compelled to work against his wishes?

Riyaa TyagiJune 10, 2023July 7, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Legal AdvisoryArticle 21 of the Indian Constitution, case of Deena Dayal Etc. v Union of India, forced labour without payment, forced resignation by employer, forced resignation india, forced resignation law india, forced termination of employment

Forcing an employee to work against his will is neither ethical nor legal. In some cases, an employee is made...

BAIL FOR APPREHENSION OF ARREST

Anurag KumarMay 24, 2023June 4, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Government Advisory, Grievance Redressal438 CRPC bail application, anticipatory bail after summons, apprehend the perpetrator, apprehension of arrest, apprehension of suspects

In accordance with Section 438 of the Criminal Procedure Code, bail must be provided before an arrest can be made....

Newly Specified Timelines by MCA for Speeding up Merger Approvals

khyatikhemkaMay 22, 2023June 4, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And Compliance'Ease of Doing Business, merger approval on fast track, Mergers and Acquisitions, New Rules To Clear Merger & Acquisition by MCA, speeding up merger approvals

MCA has specified the timeline to speed up the process of Fast Track Mergers. Earlier there was no time limit...

Difference Between Lease Deed and Leave and License

Anurag KumarMay 20, 2023June 4, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal Advisory, Registration And Compliance, RERA Consultingagreement against the interest of the licensee, difference between lease and license agreement, difference between lease and license under transfer of property act, disadvantages of leave and license agreement, leave and license agreement case laws, maximum period of leave and license agreement, registration of leave and license agreement for 11 months

Leave and license agreements are commonly used among landlords and tenants in India, especially in the rental housing segment. It...

AN OVERVIEW OF COMMERCIAL COURTS

Mallika BhandariMay 15, 2023June 4, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Government Advisory, Grievance RedressalCommercial Act 2015, commercial dispute resolution procedures, Commercial Disputes are defined under section 2(c), concept of Commercial Law, filing of evidence, petition from a non-banking financial company, Pre-instruction Mediation and Settlement Act, time-bound completion of pleadings

Commercial Law Act, 2016, came into force on 23.10.2015. Wherein the Act had limited the specific value of the suit...

NCLT can issue non-bailable warrants against persons under IBC: NCLAT

AdminMay 13, 2023June 4, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA Consultingissuing a non-bailable warrant during IBC proceedings, National Company Law Appellate Tribunal Rules, NCLT under RERA, non-bailable warrants against individuals, non-bailable warrants against Persons Under IBC, Resolution Professional under IBC, Vikram Puri v. Universal Builders

The directors of the suspended corporate debtor filed an appeal against the National Company Law Tribunal's ("NCLT") ruling that rejected...

Important compliances for private limited company

khyatikhemkaMay 11, 2023June 4, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Government Advisory, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Legal Advisorycompliance checklist, compliance for private limited company under companies act, compliances of private limited company, cost of annual compliance, disadvantage of a company structure, statutory compliance checklist for private limited company

It is often said that one major disadvantage of a company structure is that there are more compliances. The cost...

Non-Bailable Warrant under section 138 in Negotiable Instrument Act, 1881

Vanshika SharmaMay 11, 2023June 4, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Government Advisory, Grievance Redressalcancellation of a non-bailable warrant, cancellation of non bailable warrant in 138 NI act, cases involving cheque dishonor, cheque bounce case under Section 138 of the Negotiable Instruments Act, File an application for cancellation of non-bailable warrant, issue a non-bailable warrant, process for cancellation of a non-bailable warrant under Section 138, summons case under the Criminal Procedure

The legal authority to issue a non-bailable warrant if it is required to assure or force the appearance of the...

CRUELTY IN MARRIAGE

Mallika BhandariMay 5, 2023June 4, 20230 CommentsAuthentic Legal Advice, Legal Advisorycase of Sheldon v. Sheldon, cruelty against husband, Divorce for physical cruelty, Divorce Law in India, domestic violence, emotional cruelty in divorce, Hindu Marriage Act of 1955, law on a wife's cruelty against her husband, laws in India, Matrimonial cruelty in India, mental cruelty in marriage, Muslim Marriage Act of 1939, Protection of Women from Domestic Violence

Marital cruelty can be physical, mental, emotional, or sexual. Mental cruelty involves causing agony and suffering to a partner in...

Judicial propriety on same-sex marriages

Vikramaaditya MIshraApril 22, 2023May 3, 20230 CommentsAuthentic Legal Advice, Government Advisory, Legal Advisorycrimes against trans men and women, different sex couple, law for same-sex marriage, LGBTQ couples, Same-sex marriage hearing in Supreme Court, same-sex marriages

The present petition for legalizing same-sex marriage is outside the sphere of personal laws, given that it is being sought...

An Interplay between the Negotiable Instruments Act, 1881 & IBC 2016

Vanshika SharmaApril 16, 2023May 3, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisorycriminal procedures against the Directors, criminal proceedings under Section 138 of NI act, Interplay between Moratorium under IBC, Negotiable Instruments Act 1881, proceedings under Section 138 of the NI Act, proceedings under the NI Act, provisions of the IBC, resolution process before the NCLT

the criminal case brought under Section 138 read with Section 141 of the NI Act against the natural persons would...

Threshold limit of the Corporate Insolvency Resolution Process as per NCLT

Mallika BhandariApril 13, 2023May 3, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryCrporate Debtor, Financial Creditors, Insolvency and Bankruptcy Code, insolvency procedure, operational creditor filed an application, operational creditors

There is no specific threshold limit for the NCLT Delhi under the IBC 2016. The IBC provides that a financial...

Incorporation of One-Sided Clauses in an Agreement Constitutes Unfair Trade Practices: NCDRC

RiyaApril 12, 2023May 3, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, RERA Consultingconsumer complaint against the developers, Consumer Protection Act, delay in handing over the possession, Incorporation of One-Sided Clauses, One-Sided Clauses in an Agreement, refund of the total cost

Incorporation of one-sided clauses in the agreement where the buyer is expected to sign on the dotted lines having no...

Bringing fair competition to the forefront: Drawing from the Google- CCI Judgement

khyatikhemkaApril 11, 2023May 3, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisorycci recruitment, competition act, competition commission of india, google competition law case, local content creators complaint, national competition commission

The grievance against NCLAT pertained to the pre-installation of certain apps promoted by Google within the Operating System which could...

The Conundrum of Reverse Corporate Insolvency Resolution Process

Vanshika SharmaMarch 31, 2023March 31, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisorycorporate insolvency resolution process, initiation of the CIRP process, Insolvency and Bankruptcy Code, insolvency proceedings, Reverse CIRP, reverse CIRP process in India, Reverse Insolvency

Reverse CIRP is still in an experimentation process and we should wait for more cases in which Reverse CIRP is...

Stemming the outflow of foreign firms from India

Vikramaaditya MIshraMarch 30, 2023March 31, 20230 CommentsAuthentic Legal Advice, Business Advisory, Corporate Litigation-All In Way, Government Advisory, Insolvency & Bankruptcy Code 2016, Legal Advisory'Ease of Doing Business, foreign businesses in India, labour laws, legal framework, legal framework in India

To make India a beacon for foreign investment, it is important to delineate and implement a legal framework concerned with...

How to take maximum benefit from RERA as a Homebuyer and as a builder?

JyotiKhuranaMarch 29, 2023March 31, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA Consultingadvantage of the RERA, builder under RERA, Complaints under RERA, documents are required for RERA Registration, documents required for registration under RERA, Non-registration penalty under RERA, penalties imposed by RERA, Project registered under RERA, project registration under RERA, Registration under RERA

RERA was established to do away with project delays, malpractice, and irregularities in norms and increase transparency and accountability from...

How IBC can be helpful to Start-Up?

JyotiKhuranaMarch 27, 2023March 31, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryFast Track Corporate Insolvency Resolution Process, fast track insolvency resolution process applicability, fast track resolution process, fast-track insolvency process under the IBC, Insolvency and Bankruptcy Board of India, Insolvency Resolution Process, Pre-packaged insolvency resolution process

The fast track process which can be initiated by a creditor or the corporate debtor itself cuts down the time...

CIRP proceedings could be initiated against both corporate co-borrowers, but the recovery of the same amount could not be made from both parties: SC

Vanshika SharmaMarch 23, 2023March 31, 20230 CommentsAuthentic Legal Advice, Business Advisory, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryCIRP application filed against the Doshi holdings, CIRP proceedings, CIRP proceedings could be initiated against both corporate co-borrowers, CIRP proceedings under Section 7, Loan-cum-Pledge Agreements

CIRP proceedings under section 7 can be initiated against corporate debtors who are co-borrowers but there can be no double...

The practice of compassionate appointments

Vikramaaditya MIshraMarch 23, 2023March 24, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisoryage limit for compassionate appointment, application for compassionate appointment in central govt, claim for a compassionate appointment, compassionate appointment, compassionate appointment rules, government order for compassionate appointment, who are not eligible for compassionate appointment

Compassionate appointments are not a vested right and a claim for a compassionate appointment cannot be entertained after a lapse...

Promoters toiling with Insolvency and Bankruptcy Code

khyatikhemkaMarch 22, 2023March 24, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016CIRP under IBC, Committee of Creditors, company under CIRP, corporate insolvency resolution process, Ineligible Promoters Under The IBC, Insolvency and Bankruptcy Code, National Company Law Tribunal

Main reasons for the delay is the spate of litigations by the promoters. Once the CIRP order is passed, the...

Service of Advance Copy of Applications to IBBI for Initiating CIRP under IBBI Rules, 2016

hritik9484March 22, 2023March 24, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryApplication by Corporate Applicant under IBC, Application by Financial Creditor under Section 7 of IBC, Application by Operational Creditors, filing of Applications under the Insolvency and Bankruptcy Code, Insolvency & Bankruptcy Board of India, Procedure to file an Application to initiate CIRP to IBBI

the advance copy of the Application for initiating CIRP under Section 7, Section 9, or Section 10 of IBC, 2016...

SIGNIFICANCE OF THE CASE LAW: MITTAL V. WESTBRIDGE VENTURES

AdminMarch 21, 2023March 24, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisoryarbitration agreement, arbitration in Singapore, fundamental arbitration law issues, law of arbitration agreements, National Company Law Tribunal, NCLT proceedings

Mittal v Westbridge Ventures, the Singapore Court of Appeal reviewed several fundamental arbitration law issues, including the proper law of...

Artificial intelligence and the Indian legal system

AdminMarch 20, 2023March 24, 20230 CommentsAuthentic Legal Advice, Business Advisory, Legal AdvisoryArtificial Intelligence, artificial intelligence and indian laws, artificial intelligence and legal analytics, artificial intelligence in legal research, impact of artificial intelligence in law firms, legal industry, potential negative impact of AI on employment

In India, the use of AI in the legal industry is still in its early stages, but there is no...

Lease Premium & Lease Rent not included in Explanation to Section 14(1)(D) of the IBC, 2016

RiyaMarch 19, 2023March 20, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisorycorporate debtor, corporate insolvency resolution process, corporate insolvency resolution process (CIRP), Insolvency and Bankruptcy Code, Moratorium under IBC, Moratorium under section 14 of the IBC, National Company Law Appellate Tribunal

The lease premium and rent given to the Corporate Debtor are not included in Section 14(1)(D) of the Insolvency and...

Virtual Currencies Platform undergoing Insolvency in the Indian Scenario

AdminMarch 18, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Invest In India, Legal Advisorycrypto assets, cryptocurrency case, cryptocurrency case law, insolvency, National Provincial Bank Ltd. v. Ainsworth, Shakti Insulated Wires Ltd. v. Joint Commissioner of Income Tax, Taxation, Virtual Currencies Platform undergoing Insolvency, Virtual Currency

The primary challenge to VC regulation is the uncertainty regarding their very nature– whether they can be considered goods, commodities,...

NCLT’s discretion while admitting Section 7 Applications– A Vidarbha Judgement Outlook

khyatikhemkaMarch 17, 2023March 18, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryCIRP against the petitioners under Section 7(2) of the IBC, CIRP proceedings, IBC Proceedings, Insolvency & Bankruptcy Code (IBC), resolution professional, section 7 of IBC, swiss ribbons judgment, Vidarbha Industries case, Vidarbha Industries Power Limited v. Axis Bank Limited, vidarbha judgment, vidarbha vs axis bank

An application filed to initiate CIRP against the petitioners under Section 7(2) of the IBC Vidarbha Industries Power Limited v....

Insolvency Resolutions: A special case for MSMEs

AdminMarch 15, 2023March 17, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisorycorporate insolvency resolution processes, insolvency issues, insolvency of MSMEs in India, insolvency proceedings, insolvency proceedings against MSMEs, insolvency process against MSME, MSMEs under the IBC, pre-packaged insolvency resolution process (PPIRP) for MSMEs

The government has introduced the pre-packaged insolvency resolution process (PPIRP) for MSMEs, which allows them to initiate an insolvency process...

Is your house stuck in a stalled real estate project? How did homebuyers take on builders to get their houses?

AdminMarch 14, 2023March 15, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA ConsultingBuilders registered under RERA, case of disputes, case of homebuyers disputes with the Builders, civil suit against the builder, complaint against a builder, File a complaint under RERA, legal remedies available against builders, Mediation between homebuyers and builders

Some of the legal remedies available for the homebuyers of stalled real estate projects against builders in case of disputes...

FUTURE OF MEDIATION IN INSOLVENCY PROCEEDINGS

AdminMarch 6, 2023March 15, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryCIRP under IBC, Consumer Protection Act, Insolvency and Bankruptcy Code, liquidation process, mediation in insolvency proceedings, pendency of cases before NCLT, possession of the property under the SARFAESI Act, resolution professional, SARFAESI Act

Being the least expensive and less time-consuming, Mediation is popular ADR in India. The mediator plays the role of a...

Crypto Assets and Insolvency

AdminMarch 3, 2023March 15, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Government Advisory, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Legal Advisorycases of insolvency involving crypto assets, Crypto Assets and Insolvency, cryptocurrency assets held by the debtor, cryptocurrency businesses, Insolvency of a crypto project, issue is the valuation of crypto assets, Issues in Crypto Insolvency

the legal status of cryptocurrencies in India is still unclear, and the lack of clear regulation creates uncertainty for investors...

Section 33(5) of IBC doesn’t bar legal proceedings against a ship owned by Corporate Debtor in liquidation: Bombay HC

Vanshika SharmaMarch 2, 2023March 15, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Legal AdvisoryCorporate Debtor in liquidation, legal action against a corporate debtor, legal action against a vessel, Legal proceedings against a ship, liquidation order issued against a corporate debtor, liquidation proceedings

It is evident upon reading Section 33(5) that this clause merely forbids the filing of a lawsuit or other legal...

Whether IBC prevails over Custom Act?

Adv. Niraj ChamyalMarch 1, 2023March 15, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryAdjudicating Authority under Section 35 of the IBC, CIRP under IBC, Committee of Creditors of Essar Steel India Limited v. Satish Kumar Gupta, Corporate Insolvency Resolution Process (CIRP) under IBC, liquidation process under IBC, provision in the IBC

The IBC would prevail over The Customs Act, to the extent that once the moratorium is imposed in terms of...

Artificial Intelligence and Insolvencies

JyotiKhuranaFebruary 28, 2023April 17, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Artificial Intelligence, Artificial Intelligence and Insolvencies, corporate insolvency resolution process, insolvency and bankruptcy processes, insolvency proceedings, Liquidation, liquidation proceedings

Machine learning, deep learning, artificial neural networks, rule-based expert systems, and natural language processing are a few examples of artificial...

NEW CHALLENGES IN THE IBC WATERFALL MECHANISM

Adv. Niraj ChamyalFebruary 27, 2023March 15, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryIBC Waterfall Mechanism, importance of waterfall mechanism, liquidation of the Corporate Debtor, New Challenges in The IBC Waterfall Mechanism, operational creditor under ibc, section 53 of IBC waterfall mechanism, waterfall mechanism of liquidation, waterfall mechanism under IBC, what is waterfall mechanism in finance

A key element that differentiates the IBC from previous legislation governing corporate insolvency is the distribution waterfall in the event...

Liquidator Has No Jurisdiction To Reject/Modify Already Admitted Claims, Can Approach AA For Modification: NCLAT Delhi

Vanshika SharmaFebruary 21, 2023March 15, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisoryappeal against the liquidator's judgment, contact Liquidator to request adjustment of the admitted claims, Liquidation Process Rules, Liquidator appealed before NCLAT, Liquidator of the Corporate Debtor

Liquidator lacks the authority to reject or modify already admitted claims if he receives any new information. Only the Adjudicating...

Interim Finance – A Source of Operational Funding under IBC

AdminFebruary 20, 2023March 15, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisorycompany under liquidation, Insolvency and Bankruptcy Code, Insolvency Resolution Process, insolvency resolution process under the IBC, Interim Finance during CIRP, Interim Finance during Liquidation, interim finance funds, Liquidation under the Insolvency and Bankruptcy Code, Operational Funding under IBC, process of liquidation, what is interim finance under IBC

interim finance can be raised by the resolution professional appointed by the National Company Law Tribunal (NCLT). The resolution professional...

Are Corporate Guarantors equivalent to Corporate Debtors

AdminFebruary 18, 2023February 21, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryCIRP proceedings, Corporate Guarantors equivalent to Corporate Debtors, K. Paramasivan v. The Karur Vysya Bank Ltd., Karur Vysya Bank Ltd. against Maharaja Theme Parks, Proceedings against the Corporate Guarantor under CIRP

The Supreme Court has made an attempt to shed light on this matter recently in K. Paramasivan v. The Karur...

Sundaresh Bhatt, Liquidator of ABG Shipyard vs. Central Board of Indirect Taxes and Customs

AdminFebruary 11, 2023February 13, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Central Board of Indirect Taxes and Customs, Corporate Debtor under liquidation, Insolvency and Bankruptcy Code, Interim resolution professional, legal implication in terms of the Customs Act, liquidation proceedings of ABG Shipyard, Liquidator of ABG Shipyard, Operational debt

Case of “Sundaresh Bhatt, Liquidator of ABG shipyard vs. Central Board of Indirect Taxes and Customs, in which it was...

NCLT Prescribes Dress Code for Members, Lawyers, RP, Authorized Representatives & Parties in Person

AdminFebruary 11, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisorydecorum of the NCLT, Dress Code for appearance at NCLT, dress code for legal practitioners, Dress Code for National Company Law Tribunal, Dress Code in Indian Courts, importance of the proceeding, NCLT prescribed professional dress, NCLT Prescribes Dress Code

NCLT specified the dress code for NCLT President, NCLT Members, Legal Practitioners, Authorized Representatives, Interim Resolution Professional, Liquidator, Resolution Professional,...

A judiciary-Executive Tussle over Judicial Appointments

Vikramaaditya MIshraFebruary 11, 20230 CommentsAuthentic Legal Advice, Government Advisory, Grievance Redressal, Legal Advisoryappointment of judges, Judges Executive Tussle, judicial appointment, National Judicial Appointments Commission, pendency of cases, public disagreements regarding judicial appointments, violation of judicial independence

The conflict between the Executive and the Judiciary regarding judicial appointment is not new. Its most visible manifestation was when...

Cross-Border Mergers and IBC

AdminFebruary 10, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisoryadvantages and disadvantages of cross border mergers and acquisitions, challenges of cross border mergers and acquisitions, cross border regulations, Cross-Border Mergers, Cross-Border Mergers under IBC, reasons for cross border mergers, recent cross border mergers and acquisitions

The adoption of the Model Law will help in the ease of doing business and significantly increase the inflow of...

CROSS-BORDER INSOLVENCY DISPUTES

sakshisharmaFebruary 8, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Government Advisory, Insolvency & Bankruptcy Code 2016, Legal AdvisoryAmendments in IBC, cross border insolvency, cross border insolvency under ibc, cross-border disputes, cross-border insolvency in IBC, Cross-border insolvency law, issue of cross-border insolvency in IBC, uncitral model law on cross-border insolvency, uncitral model law on cross-border insolvency citation, what is cross border insolvency

The UNCITRAL Model Law has been strongly recommended for providing a wide-ranging solution for resolving cross-border insolvency issues.

IBC Overrides the Limitation Act

Pulkit JoshiFebruary 6, 2023February 7, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Appeal under the IBC Regime, Bank filed the claim on money, CIRP proceedings, claim on money by the Bank, corporate debtor, IBC Overrides the Limitation Act, Innoventive Industries Limited v. ICICI Bank Limited ICICI, Limitation under IBC, Money under the MRUA Act

In the recent case given by the retired Hon’ble Supreme court Judge CJI Ramana. He said that in case of...

NIL payment to OC’s if Liquidation Value is NIL, doesn’t contravene the provisions of S. 30(2)(b) of IBC, 2016: NCLAT, New Delhi

hritik9484February 5, 2023February 5, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisoryapproved the Resolution Plan, debts of financial creditors, Insolvency & Bankruptcy Code, liquidation of the Corporate Debtor, liquidation of the corporate debtor under section 53, Liquidation Value is NIL, NIL payment to Operational Creditors, provisions of Insolvency & Bankruptcy Code, resolution professional

the Operational Creditors are only entitled for minimum of the Liquidation Value and NIL payment to Operational Creditors in case...

SC resorts to Article 142 of the Constitution to cut short IBC technicalities to benefit home-buyers

Vanshika SharmaFebruary 4, 2023February 5, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016, Legal Advisory, Registration And Compliance, RERA ConsultingCIRP application under Section 7 of the IBC before the NCLT, CIRP proceedings, IBC technicalities to benefit home-buyers, Insolvency and Bankruptcy Code, insolvency proceedings, plea filed against a builder by the homebuyers

The Apex Court used its authority under Article 142 to allow the CIRP proceedings to be withdrawn and to adjudicate...

Proposed Amendment by the Ministry of Corporate Affairs

Adv. Niraj ChamyalFebruary 3, 2023February 3, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Application under section 7 of IBC, Corporate Debtors, Financial Creditors, liquidation process, Moratorium under the IBC, operational creditors, penalties for violations of IBC, Proposed Amendment by the Ministry of Corporate Affairs

Proposed Amendments in a circular issued on 18.01.2023, the Ministry of Corporate Affairs has proposed numerous changes in IBC.

Should resolution professionals admit time-barred claims of homebuyers?

AdminFebruary 2, 2023February 3, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA Consultingcan an interim resolution professional act as the resolution professional, can resolution professional adjudicate claims, Committee of Creditors, corporate insolvency resolution process (CIRP), Insolvency and Bankruptcy Code, Resolution Plan for Homebuyers, resolution professional, resolution professionals admit time-barred claims of homebuyers, time-barred claims of homebuyers

the Resolution Professional could have included their claims as liabilities to the Corporate Debtor in the Information Memorandum created in...

Are the principal amount and the interest levied dependent on each other for the purpose of section 7?

AdminJanuary 28, 2023February 3, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016appeal before the NCLAT, corporate debtor into CIRP, court interest rate in india, current rate of interest as per interest act, debt recovery mechanisms, Financial debt, financial debt under the IBC, IBC before NCLT, IBC Proceedings, Insolvency and Bankruptcy Board of India, latest supreme court judgment on interest rate, the application of Section, what is the maximum interest rate allowed by law in india

A recently evolved notion of co-relation of Principal amount and interest levied on it, for the purpose of Section 5(8)...

Landowner in a development agreement cannot be considered a Financial Creditor

Adv. Niraj ChamyalJanuary 27, 2023January 29, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryAshok Hi Tech Builders vs Sanjay Kundra, Committee of Creditor, development agreement, Financial Creditor, joint development agreement, Landowner in a development agreement, legal issues in joint development agreement, supreme court decision on joint development agreement

The Corporate Debtor would carry on construction and out of total saleable construction 32% will be of landowner and remaining...

Appeals and Limitations under Section 17 of the Limitations Act

khyatikhemkaJanuary 25, 2023January 29, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisoryappeal and application under Limitation Act?, Appeals and Limitations under Section 17, Approved Resolution Plan, law of limitation, Limitation Act, period of limitation under limitation act, Resolution Applicant filed a writ against the petitioner, section 17 limitation act

Since a specific limitation period for filing such an appeal is clearly mentioned, Section 17 of the Limitation Act could...

Water connection cannot be restored automatically to the successful resolution applicant

RiyaJanuary 24, 2023January 29, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisoryappeal before NCLAT, CIRP and NCLT, corporate insolvency resolution process, disconnection of water supply, MIDC vs Bhadrashree Steel & Power Ltd & Ors, new water connection, successful resolution applicant

The Successful Resolution Applicant requested Maharashtra Industrial Development Corporation (hereinafter referred to as MIDC) for a new water connection to...

Putting Resolution Professionals under the spotlight: The latest IBC Amendments

Vikramaaditya MIshraJanuary 23, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, RERA Consultingdifference between insolvency professional and resolution professional, duties of resolution professional, ibc latest amendment, Insolvency Resolution Professional, Latest IBC Amendments, major amendments in IBC, recent amendments in ibc 2016, resolution professional nclt, Resolution Professionals

The resolution professional (RP), appointed under the Code, is at the heart of these endeavors and has the mandate to...

Wages/salaries of only those employees who worked during the Corporate Insolvency Resolution Process are to be included in CIRP costs, rules SC

AdminJanuary 22, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryAppellants filed an appeal, CIRP Cost under IBC, corporate debtor, corporate insolvency resolution process, employee dues under ibc, gratuity in case of insolvency, Insolvency Resolution Process, Interim resolution professional, resolution professional, salaries as part of CIRP costs, wages/salaries as part of CIRP costs, what happens to employees when a company goes into liquidation in india, what is cirp cost

The claims filed/to be submitted by the workers of the appellant must be decided upon and taken into consideration by...

Housing Discrimination: A Myth or a Never-Ending Struggle?

No person shall be discriminated against because of their race, sex, caste, color, or religion. Article 21 of the constitution,...

INTRODUCTION OF PRE-PACKS

Vikramaaditya MIshraJanuary 17, 2023January 22, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016corporate insolvency resolution process (CIRP), Insolvency and Bankruptcy Code, insolvency resolution mechanism for MSMEs, Introduction of Pre-Packs, mechanism of pre-packaged insolvency, pre-pack insolvency proceeding, Pre-packaged Insolvency Resolution Process (PIRP), resolution under the pre-pack method

Pre-pack mechanism, differs from the existing corporate insolvency resolution process (CIRP) and what challenges this new mechanism is likely to...

Role of Mediation in the Insolvency Process

sakshisharmaJanuary 13, 2023January 14, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Government Advisory, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Legal AdvisoryAlternative Dispute Redressal, Alternative Dispute Resolution, corporate insolvency resolution process, disputes of insolvency, Insolvency and Bankruptcy Code, insolvency cases, insolvency proceedings, mediation in ibc, mediation in insolvency proceedings, mediation in the insolvency process, resolution process

Specifically in insolvency proceedings, mediation as a tool can be employed to resolve issues and clear the bottleneck in the...

Critical Analysis of Digital Personal Data Protection Bill, 2022

AdminJanuary 12, 2023January 13, 20230 CommentsAuthentic Legal Advice, Government Advisory, Grievance Redressal, Legal Advisory2022, data protection bill, Digital Personal Data Protection Bill, prevent personal data breaches, Proposed Law, prs data protection bill 2022, recovery of debt, what is data privacy

The Proposed Law's current draft represents a substantial improvement over its earlier versions and is more open-ended, leaving more to...

Artificial Intelligence and Law

sakshisharmaJanuary 11, 2023January 13, 20230 CommentsAuthentic Legal Advice, Legal AdvisoryArtificial Intelligence and Law, artificial intelligence and law book, artificial intelligence and law research paper, artificial intelligence in legal profession in india, How is artificial intelligence related to law?, Use of AI in the legal system, what is artificial intelligence law

By introducing deep learning technology in the courts, the facial expressions of victims and offenders can be read which can...

No bar to withdraw admitted CIRP application before constitution of the committee of creditors: Supreme Court

Manya GuptaJanuary 10, 2023January 11, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal Advisoryappeal against an NCLAT decision, claims against the Corporate Debtor, Committee of Creditors, completion of the resolution process, IBC latest judgements, latest supreme court judgement on IBC, proceeding under IBC, withdraw admitted CIRP application, withdrawal of an application for CIRP

The withdrawal of an application for CIRP by the applicant would not prevent any other financial creditor from taking recourse...

Analysis of the Pre-Packaged Insolvency Resolution Process and its advantages as compared to the CIRP

Advocate Chetna BishtJanuary 9, 2023January 10, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisorybenefits or advantages of the PPIRP, Corporate Insolvency Resolution Process under the IBC, filing an application before the adjudicating authority, Financial Creditors, financial creditors and corporate debtors, incorporation of PPIRP, insolvency processes, Pre-packaged insolvency resolution process, preparation of the Base Resolution Plan by the Corporate debtor, resolution mechanism for MSMEs

The Pre-Packaged Insolvency Resolution Process (PPIRP) mechanism have helped the MSMEs to a great extent in order to revive their...

Cheque Bouncing Versus Insolvency– Whether proceedings under Section 138 and 141 of N.I. Act, 1881 can be initiated against Corporate Debtor during Moratorium period?

Advocate Chetna BishtJanuary 7, 2023January 9, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryCheque Bouncing Versus Insolvency, complaint under Section 138 NI Act, Corporate Insolvency Resolution Proceeding, declaration of moratorium by NCLT, Insolvency and Bankruptcy Code against the company, Issues raised before Madras High Court, moratorium provision of the IBC, moratorium provision of the Insolvency and Bankruptcy Code, NI Act against a corporate debtor

The institution or continuation of a proceeding of dishonour of cheque against company under the provisions of Negotiable Instruments Act,...

Structure of Pre-packaged Insolvency Resolution Process

khyatikhemkaJanuary 6, 2023January 9, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016CIRP against an MSME, CIRP against Corporate Debtor, difference between CIRP and PIRP, how a PPRIRP works, PPIRP under IBC, pre packaged insolvency resolution process for MSME, Pre-packaged insolvency resolution process, Submission of Resolution Plan

A brief information of how a PPRIRP works in the real sense, making the resolution of Micro, small and medium...

Unregistered Partnership Firm Cannot Initiate Insolvency Proceedings Under IBC: NCLT Kochi

Manya GuptaJanuary 5, 2023January 9, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016disadvantages of unregistered partnership firm, insolvency proceedings under IBC, NCLT Kochi, Operational Creditor filed a petition under Section 9 of the IBC, suit against unregistered partnership firm, The Bangalore Sales Corporation v Sark Spice Products Pvt Ltd., Unregistered Partnership Firm

The Bangalore Sales Corporation v Sark Spice Products Pvt. Ltd., the National Company Law Tribunal ("NCLT"), Kochi Bench, comprised of...

NCLT Delhi Imposes Cost of Rs.1 Lakh on Suspended Director

Twinkle KhannaJanuary 4, 2023January 9, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryCIRP against Nimitaya Hotel & Resorts Pvt. Ltd., CIRP against the corporate debtor, CIRP and NCLT, CIRP and resolution plan, Committee of Creditors, Corporate Debtors Resolution Professional, list of companies admitted in nclt, postpone the CIRP and resolution plan, Suspended Director of the Corporate Debtor

The court fined the suspended director of the corporate debtor (the applicant) Rs. 1 lakh for starting several legal actions...

Centre Proposes to Submit Model Builder-Buyer Agreement with mandatory RERA clauses before Supreme Court

Twinkle KhannaJanuary 3, 2023January 6, 20230 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Registration And Compliance, RERA ConsultingAshwini Kumar Upadhyay v Union of India, Builder-Buyer Agreement, centre proposes to submit model builder-buyer agreement, latest builder-buyer agreement, mandatory rera clauses before supreme court, supreme court judgement on builder buyer agreement

A builder-buyer agreement with mandatory clauses that the states or union territories cannot change has been proposed to the Supreme...

NCLAT Chennai condones a delay of 147 days in filing of Appeal before the Appellate Tribunal

Adv. Niraj ChamyalDecember 27, 2022December 28, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016appeal before the NCLAT, Can NCLAT condone delay in filing appeal?, filing a writ appeal before the Kerala High Court, filing of appeal be condoned after 147 Days, liquidation of the Corporate Debtor, Liquidator of the Corporate Debtor, M. K. Resely & Ors. Vs Union Bank of India

The National Company Law Appellate Tribunal in the matter of M. K. Resely & Ors. Vs Union Bank of India...

Rights of Homebuyers under the Insolvency and Bankruptcy Code

Manya GuptaDecember 26, 2022December 27, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingBikram Chatterji v. Union of India, Chitra Sharma v. Union of India, financial creditors in the committee of creditors, home-buyers as financial creditors, Homebuyers under the IBC, Homebuyers under the Insolvency and Bankruptcy Code, IBC procedure, Insolvency and Bankruptcy Code, rights of the homebuyers

Homebuyers could only engage in the IBC procedure as a class of financial creditor. Individual homebuyer rights were absorbed by...

An alien concept to the IBC regime is reverse CIRP

Twinkle KhannaDecember 24, 2022December 24, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA ConsultingCIRP under RERA, financial creditors under the Code, insolvency of real estate companies, legal rights under RERA, nclt cases against builders, NCLT under RERA, RERA and CIRP, resolution procedure of a real estate firm, Reverse Corporate Insolvency Resolution Process, Reverse Insolvency

Despite the fact that such relief should not have existed, the NCLAT instead attempted an "experiment" to adopt the strange...

Insolvency and bankruptcy code, 2016- A game changer

AdminDecember 22, 2022December 24, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016CIRP under IBC, corporate insolvency resolution procedure, corporate person under IBC, disputes related to insolvency and bankruptcy, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code 2016, Legal Advisory, resolution professional

For India's distressed debt, the Insolvency and Bankruptcy Code 2016 (IBC) was a game-changing change. It developed a tool to...

IBC Does Not Prohibit an Assignee from Continuing Pending Section 7 Proceedings: Judgement by NCLAT Delhi

Twinkle KhannaDecember 16, 2022December 20, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016amendment to section 7 of IBC, Judgement by NCLAT Delhi, nclat orders judgements, Pending Section 7 Proceedings, Proceedings under section 7, section 7 of IBC case laws

A person to whom a debt has been properly assigned or transferred is also included in the definition of "Financial...

Advantages of pre-Packaged Insolvency Resolution Process (PPIRP)

khyatikhemkaDecember 15, 2022December 20, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryAdvantages of PPRIP, difference between PPRIP and CIRP, pre packaged insolvency resolution process eligibility, pre packaged insolvency resolution process for MSME, What is PPRIP, what is pre packaged insolvency resolution process

Advantages of pre-Packaged Insolvency Resolution Process (PPIRP). A series on PPRIP. Read all the blogs to know PPRIP in detail.

Delayed Possession Relief under Section 18 of RERA

AdminDecember 14, 20220 CommentsAuthentic Legal Advice, Legal Advisory, Registration And Compliance, RERA Consultingbuilder change possession date in RERA, compensation for delayed possession, delay in possession deficiency in service, Interest on Delayed possession, MahaRERA, recent judgments on delay in delivery of possession of property, RERA completion date vs agreement possession date, RERA in Maharashtra, RERA interest on delayed possession, section 18 of RERA act, Supreme Court judgments on delayed possession

A respondent has violated the provisions of section 18 of the RERA and hence the complainant is entitled to seek...

Procedure in Summary Suit

sakshisharmaDecember 13, 2022December 13, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisorylandmark judgement on summary suit, leave to defend in summary suit, order 37 summary suit, Procedure in Summary Suit, provisions of Order37 of the CPC, Summary suit for Recovery of Money, summary suit meaning, summary suit procedure in cpc, summons for judgment in a summary suit

The summary suit is a unique legal procedure used for enforcing a right in an efficacious and efficient manner. This...

Insolvency Process Versus Liquidation

Advocate Chetna BishtDecember 8, 2022December 10, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016Insolvency Process and Liquidation, insolvency process under IBC, insolvency resolution and liquidation process for corporate, liquidation process under IBC, What is insolvency and liquidation?, What is liquidation process?, What is the process of insolvency?

Confused between the Insolvency Process & Liquidation? The procedure and differences between Insolvency Process and Liquidation is explained.

Pre-packaged Insolvency Resolution Process

khyatikhemkaDecember 5, 2022December 8, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryCIRP under IBC, MSME Insolvency under IBC, PIRP under IBC, pre packaged insolvency resolution process applicability, pre packaged insolvency resolution process section, Resolution Plan under IBC

the Insolvency Law Committee in 2020 constituted a sub-committee to study Pre-packaged Insolvency Resolution Process (PPIRP). On the basis of...

Supremacy of Insolvency and Bankruptcy Code

AdminDecember 1, 2022December 6, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016appeal against the NCLAT judgment, Innovative Industries Ltd. v. ICICI Bank Ltd., long-standing problem of NPAs, Prevention of Money Laundering Act, resolutions under the IBC, section 7 of IBC, Supremacy of Insolvency and Bankruptcy Code

The code has helped the creditors to recover their amount from defunct companies and bring them back to their actual...

Change in the Constitution of CoC will not affect its prior decision

AdminNovember 7, 2022November 9, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016CIRP against the corporate debtor, Committee of Creditors, constitution of the CoC, Corporate Insolvency Resolution Process against the Corporate Debtor, DBS Bank vs. Rakesh Kumar Jain, decision given by the hon’ble NCLAT, issue before hon’ble NCLAT, liquidation of the Corporate Debtor

A change in the composition of the Committee of Creditors (CoC) of the Corporate Debtor will affect its previous decision...

Reverse CIRP and its Modus Operandi- An Extraneous concept to IBC Regime

Advocate Siddhi GautamNovember 1, 2022November 16, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016cirp of real estate companies, corporate insolvency resolution process, Insolvency case against Supertech Limited, insolvency of real estate companies, Reverse CIRP, Reverse CIRP under IBC, Reverse Insolvency, Reverse Insolvency process, supertech insolvency order, umang realtech nclat

The constitution of COC for one project instead of all is against the regular practice of CIRP. In the past...

Criminal Liability in Subvention Scheme !!!

Adv. Niraj ChamyalOctober 29, 2022November 5, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisorybreach of trust, Builder-Buyer Agreement, Complaint with Economic Offence Wing, Criminal Liability under Subvention Scheme, due diligence by the Banks, reasons for distress of subvention scheme, subvention scheme, What is subvention scheme

The criminal liabilities that may be invoked in a subvention scheme may vary depending upon the facts and circumstances of...

Adjudicating authority’s incapability to analyze the validity of a Foreign Decree: Is this so?

AdminOctober 20, 2022December 20, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal AdvisoryAdjudicating authority, direct execution of foreign decrees, execution of indian decree in foreign courts, incapability of adjudicating authority, Inherent Powers of the Tribunal, release of property under pmla act, Usha Holdings LL.C. & Anr v Francorp Advisors Pvt Ltd., validity of foreign judgments in india

Tribunal cannot go into the merits of a decree pronounced by a foreign court or tribunal as it is not...

Whether Agreements/Contracts by Banks are consistent with Articles 14, 19 and 21 of the Constitution!

AdminSeptember 22, 2022September 30, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal Advisory, Registration And Compliance, RERA Consultingarticle 14 of indian constitution, article 21 of indian constitution, Banking regulation act, Contracts by Banks, Contracts of Adhesion, Levison and Anr. v. Steam Carpet Co. Ltd, LIC of India vs Consumer Education & Research Centre

In Banking Industry, the Borrower is not in a position to negotiate the Terms of the Loan Agreement, especially in...

Rejection of ‘Date of Knowledge’ Argument: Supreme Court

Yukta SinghSeptember 20, 2022September 24, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Insolvency and Bankruptcy Code, Knowledge Argument, latest judgement of supreme court, no cause of action against defendant, Rejection of ‘Date of Knowledge’ Argument, rejection of plaint barred by limitation, Safire Technologies Pvt. Ltd. v. Regional Provident Fund Commissioner & Anr.

The recent judgment of the Apex Court in the case of Safire Technologies (Supra) simply expands this explanation to Section...

Breach of the settlement agreement is not a ground to invoke CIRP

Adv. Niraj ChamyalSeptember 18, 2022September 24, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, RERA ConsultingBajaj Rubber Company Pvt. Ltd V/s Sasraswati Timber Pvt. Ltd, Breach of settlement, breach of settlement agreement india, CIRP against the corporate debtor, cross border insolvency, how to enforce settlement agreement, Insolvency and Bankruptcy Act, nclt settlement agreement, petition under Section 9 of the IBC, settlement agreement operational debt

Hon’ble NCLT Delhi held that the breach of the Settlement Agreement by the parties does not fall within the ambit...

Why are Homebuyers choosing NCLT over RERA?

Advocate Chetna BishtSeptember 17, 2022September 24, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016, RERA Consultingbuyers are approaching NCLT, claim refunds with interest, compensation against the Builder, Home Buyers under NCLT, homebuyers are financial creditors, Homebuyers as Financial Creditors under IBC, Homebuyers under IBC, IBC for Home Buyers, IBC under NCLT, NCLT under IBC, possession with delayed interest from Builders

Buyers say that RERA orders are not getting implemented and this is forcing them to approach NCLT and there is...

Eligibility of Resolution Applicant: Section 29A of IBC Code, 2016

AdminSeptember 16, 2022September 24, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016application for insolvency resolution, connected person under IBC, Corporate Dobtor under IBC, Eligibility of Resolution Applicant under IBC, persons not eligible to be resolution applicant, resolution applicant vs resolution professional, section 29a IBC amendment, section 29a of IBC

Section 29A of the Insolvency and Bankruptcy Code has emerged as one of the key aspects in determining the Eligibility...

Treatment of MSME Insolvency under IBC

AdminSeptember 8, 2022September 15, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016importance of MSME, importance of msmes, Importance of the MSME sector, Insolvency in the MSME sector, Insolvency under IBC, msme objectives and functions, msme sector in india, objectives of MSME, pre packaged insolvency resolution process for MSME, protect the interest of MSMEs, Resolution under IBC

The COVID-19 crisis has caused distress and failure in the MSME sector. The insolvency law since its enactment in 2016...

Parties other than those who triggered CIRP cannot be creditors

AdminAugust 25, 2022September 2, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016assets of the Corporate Debtor, Corporate Insolvency Resolution Process was initiated against Jeypore Sugar Company Ltd., Creditors who triggered CIRP, issue raised before the NCLAT, restricting a creditor from initiating CIRP, right to trigger a CIRP, Section 7 application for the initiation of the CIRP

There is no such provision to implead creditors other than the ones which triggered the Corporate Insolvency Resolution Process.

Personal Guarantor under section 95 is exempted from section 10A of IBC, 2016

Adv. Niraj ChamyalAugust 24, 2022September 2, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Amit Jain vs Siemens Financial Services, Corporate Insolvency Resolution Process against the Personal Guarantor, Insolvency and Bankruptcy Code, liability of personal guarantor under IBC, Personal Guarantor filed an appeal, personal guarantor insolvency provisions of IBC under challenge, personal guarantor insolvency under IBC procedure, personal guarantor of corporate debtor, section 95 IBC case laws

Section 10A proceedings are not applicable against the Personal Guarantor under section 95 of the Insolvency and Bankruptcy Code, 2016.

Supreme Court holds that section 7(5) Of IBC is discretionary

AdminAugust 23, 2022September 2, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016application under Section 7, Bankrupt Company, completion of CIRP, Financial debt, initiation of CIRP by an operational creditor, initiation of the CIRP process, insolvent company, pendency of proceeding before the Supreme Court, proceedings before the NCLT

VIPL sought for a stay on the proceedings before the NCLT on the pretext of pendency of proceeding before the...

Apex Court redefines the ambit of the definition of a consumer with reference to commercial transactions

shravyapathakAugust 22, 2022September 2, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And Compliancecommercial customer definition, commercial transactions law, consumer complaint before NCDRC, Consumer Protection Act, File an appeal before Supreme Court, Recovery proceedings, recovery suit before DRT, Respondent Bank filed a recovery suit before DRT, what is commercial transactions

It was held that the Consumer Complaint of the appellant is not maintainable as the appellant is not a consumer...

Tax authorities can’t issue notice to freeze accounts of the company during liquidation: NCLAT

AdminAugust 20, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Axis Bank froze the accounts of the Corporate Debtor, Corporate Debtor during Liquidation, issued notices to Axis Bank, issued notices to IDBI Bank, non-compliance, notice issued to freeze the accounts of Corporate Debtor

The Corporate Debtor went into CIRP vide the Adjudicating Authority (AA) order dated 20.09.2019 and Mr. Hemant Mehta (Appellant) got...

A banker’s Certificate is not mandatory to initiate CIRP under Section 9, NCLAT

Adv. Niraj ChamyalAugust 19, 2022August 20, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016Certificate Not Mandatory, CIRP proceedings, CIRP proceedings against Debtor, CIRP under Section 9 of IBC, Decision of the NCLAT, demand notice under IBC, Insolvency and Bankruptcy Code, pre-existing dispute under IBC

A banker’s certificate is not mandatorily required for an operational creditor to begin Corporate Insolvency Resolution Process (CIRP) under section...

Threshold Limit To Include Principal And Interest Amount Both

AdminAugust 18, 2022August 19, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016Corporate Insolvency Resolution Process against the Corporate Debtor, file an application u/s 9 of IBC, Insolvency and Bankruptcy Code, interest on threshold limit under IBC, threshold limit under IBC, what is threshold limit in banking

The minimum threshold limit mentioned under section 4 of Insolvency and Bankruptcy Code, 2016 can include both principal and interest...

Whether the license fee can be claimed as Operational Debt

AdminAugust 16, 2022August 19, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceClaim for recovery of License Fee, Claim towards License Fee, corporate debtor under IBC, debt claimed by the Operational Creditor, Insolvency and Bankruptcy Code, license fee can be claimed as Operational Debt, Non-Payment of License Fee, OC issued a Demand Notice, operational debt and financial debt, Operational Debt under IBC, Unpaid License fee is the Operational Debt, Unpaid License Fees, what is debt under IBC, What is Operational Debt, which is not an operational debt

In the present case, debt pertaining to unpaid license fee was fully covered within the meaning of ‘operation debt’ under...

SC imposes a penalty of ₹5 Lakhs on the petitioner seeking an alternative to Supertech Twin Towers Demolition

khyatikhemkaAugust 11, 2022August 14, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Legal Advisory, Registration And Compliance, RERA Consultingcase of Public Interest Litigation, Noida Supertech twin towers, penalty on petitioner, Petition under Article 32, supertech twin tower case, supertech twin tower judgement, Supertech Twin Towers Demolition, Supreme Court Judgement on Supertech Twin Towers Demolition, Supreme court latest decision on supertch twin towers, Why twin towers in Noida being demolished?

SC Imposes penalty of Rs.5 lakhs and directed the same to be deposited within 4 days to the SC registry....

The Corporate Guarantor can initiate CIRP against the Corporate Debtor under “Right to subvention”

Adv. Niraj ChamyalAugust 10, 2022August 13, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Corporate Debtor under Right to subvention, Corporate Insolvency Resolution Process against the Corporate Debtor, file a petition against the Corporate Debtor, Insolvency and Bankruptcy Code, Orbit Towers Vs Sampurna Suppliers, Proceeding against the Corporate Debtor, recovery of the dues, rights of the Creditor

Proceeding against the Corporate Debtor for the recovery of the dues and hence can file a petition against the Corporate...

Supreme Court’s Road Map to interpret The IBC Code for better Resolution

AdminAugust 9, 2022August 13, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryAsset Reconstruction Company vs Tulip Star Hotels, challenges of IBC, corporate debtor, corporate insolvency resolution process steps, current issues in insolvency law, Financial Creditor, non-performing asset, Provisions of IBC, what is insolvency resolution process

Hon’ble Supreme court declared that the provisions of IBC (Code) to be interpreted liberally to expand the objective of the...

Is Adjudicating Authority under obligation to accept an application against a Corporate Debtor u/s 7?

shravyapathakJuly 27, 2022August 29, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016applicant under section 7 of IBC, application against a Corporate Debtor, CIRP against the Appellant, corporate debtor, corporate debtor under IBC, file application under NCLT, filed an appeal before APTEL, financial creditor as resolution applicant, initiation of CIRP by operational creditor, issue before the Supreme Court, procedure of filing in NCLT, section 7 IBC procedure, section 7 of IBC case laws

The Adjudicating Authorities have been given discretionary powers under section 7(5)(a) of I&B Code, 2016. The Authorities are required to...

IBC Pecuniary Threshold: – Interest Component to Be Merged with Principal Debt?

AdminJuly 25, 2022July 30, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016CIRP against Corporate Debtor, CIRP process initiated against the corporate debtor, Component of EMI, corporate debtor, date of default under IBC, Insolvency and Bankruptcy Code, Interest Component, interest on delayed payment, NCLAT latest Judgement, Pavan Enterprises vs. Gammon India, right to claim under IBC, threshold limit under IBC, What is principal and interest on debt?, What is the interest component?

The interest component can include in the principal debt to acquire a minimum threshold limit i.e., 1 crore if delayed...

Is the Principle of Natural Justice applicable to the Insolvency and Bankruptcy Code, 2016?

AdminJuly 22, 2022July 25, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceCIRP of the Corporate Debtor, insolvency against government company, Insolvency and Bankruptcy Code, latest supreme court judgement on insolvency, NCLT order on Natural Justice, principles of natural justice, Revised Resolution Plan before the CoC, SC judgement on IBC

The actions of the CoC by not accepting the Applicant’s Resolution Plan were void in nature and held that the...

Hon’ble NCLAT declares claim of the license fee will be covered under the ambit of IBC

AdminJuly 18, 2022July 25, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016appeal against NCLAT order, appeal from nclat to supreme court, financial debt under IBC, latest supreme court judgement on insolvency, list of companies admitted in nclt, Operational Debt under IBC, rent is not an operational debt

Claim of the rental lease will be treated as operational debt under Section 5(21) of the code as per the...

Land Allotment Cancellation over Non-Payment of Dues, Red Alert for the Developers

Sidra Khalid KhanJune 19, 2022June 21, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingAjnara loses land over non-payment of dues, Ajnara Realtech loses Greater Noida land, Land Allotment Cancellation, Land Allotment is cancelled, Land allotment to Ajnara Realtech cancelled, Non-Payment of Dues

the Yamuna Expressway Industrial Development Authority had cancelled the allotment of ‘Panorama’ in Sector 22A over non-payment of dues of...

Consumer court have the power to direct refund and compensation in case of delayed delivery of the apartment

KrishnapriyaJune 16, 2022June 21, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And Compliancecase of a dispute home buyers, consumer dispute, Consumer Protection Act, Consumer Protection Act and the RERA Act, Insolvency and Bankruptcy Code, Legal remedies available for Home Buyers, National Consumer Dispute Redressal Commission, RERA Complaint

The Consumer Protection Act is a wide-ranging provision and it is not a specific resolution like the Insolvency ad Bankruptcy...

Article 1 of the Limitation Act, is not applicable to proceedings under the IBC Laws

KrishnapriyaJune 15, 2022June 21, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016applicability of limitation act to ibc, CIRP procedure against the Corporate Debtor, corporate insolvency resolution proceedings, Limitation Act, Limitation Act under IBC, Limitation is application to IBC, Limitation under IBC, proceedings under IBC Laws, proceedings under the Insolvency and Bankruptcy Code, time-barred debt under limitation act

Article 137 is having a wider scope than Article 1 of the Limitation Act and is not applicable to the...

Whether the Wages/Salaries during the CIRP Period are to be qualified as CIRP Costs or not

Advocate Chetna BishtJune 14, 2022June 23, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016CIRP under IBC, Insolvency and Bankruptcy Code, insolvency resolution process costs, Insolvency under IBC, liquidation of the Corporate Debtor, liquidation process, petition under section 7 of IBC, salaries to be included in the CIRP costs

Wages and salaries are considered and included in CIRP costs as per under Section 53(1)(a) of the IB Code.

Whether CIRP against Corporate Guarantor be initiated in respect of loan account of the principal borrower

KrishnapriyaJune 11, 2022June 21, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016CIRP against Corporate Guarantor, corporate guarantor under ibc, Financial Creditor under IBC, guarantor liability ibc, insolvency of guarantor, personal guarantors liable for corporate debt, proceedings under IBC, Recovery of Debts, supreme court judgement in favour of guarantor

Section 7 of the Code permits a financial creditor to initiate a CIRP procedure against the guarantor being a corporate...

Trademark Registration and Protection against its Infringement

Amit_krJune 5, 2022June 5, 20220 CommentsAuthentic Legal Advice, Legal Advisory, Registration And Complianceadministrative remedies for infringement of trademark, Infringement of Trade Mark, infringement of trademark cases in india, legal action against the infringer, remedies for infringement of trademark, remedies for unregistered trademarks, Right of Trademark Holder, Trademark infringement, Trademark Registration, types of trademark infringement

The trademark is Intellectual property and every property must be registered in the name of its owner, and here the...

Limitation is continuous in cases of Homebuyers

Adv. Asmita Chaudhary NagpalJune 4, 2022June 5, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA ConsultingBuilder-Buyer Agreement, case of homebuyers, continuous cause of action consumer protection act, corporate insolvency resolution process, Grievances of the Homebuyers, home-buyers as financial creditors, homebuyers and builders, homebuyers in the CIRP, Homebuyers under IBC, Insolvency & Bankruptcy Code, possession is handed over to the homebuyer, RERA judgements in favour of builders, rights of homebuyers under ibc

If a homebuyer failed to file his/her case then will his/her case will not be taken and his grievances won’t...

Pre-Deposit is Mandatory for Filing Appeal U/Sec 43(5) RERA

AdminJune 3, 2022June 5, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA Consultingallottees approached RERA, appeal against RERA Appellate Tribunal, appeal against RERA order in High Court, judgment on section 43(5) of RERA act, latest supreme court judgement on RERA, Pre-Deposit is Mandatory for Filing Appeal, promoter files an appeal, registered under the RERA, RERA appeal deposit, RERA applicable on ongoing projects, RERA landmark judgements

The Appellate Tribunal recorded its dissatisfaction to the effect that the appellant has not complied with provisions of Section 43(5)...

NOIDA: A FINANCIAL CREDITOR OR AN OPERATIONAL CREDITOR

KrishnapriyaMay 25, 2022May 31, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016appeal against the order of the NCALT, does a financial creditor include a secured creditor, financial creditor and operational creditor under IBC, operational creditor under the Insolvency and Bankruptcy Code, who is financial creditor under IBC, who is operational creditor under IBC

Both operational creditors and financial creditors own certain advantages over each other. But Financial creditors are given some priorities over...

The Insolvency and Bankruptcy Code, 2016 is not Interest Recovery Code

Sidra Khalid KhanMay 25, 2022May 31, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016CIRP against a corporate debtor, CIRP under IBC, corporate debtor under IBC, does a financial creditor include a secured creditor, fair practice code RBI for NBFC, insolvency and bankruptcy code 2021, insolvency and bankruptcy code bare act, liquidation of the Corporate Debtor, persons who can initiate corporate insolvency resolution process, Purpose of IBC, rbi fair practice code for banks, rbi guidelines for NBFC recovery agents, who is a corporate debtor under IBC

NCLT held that the “interest” component alone cannot be claimed or pursued, in absence of the debt, to trigger a...

Mechanism to protect Micro and Small Enterprises from delayed payment

Amit_krMay 24, 2022May 31, 20220 CommentsAll For Startup, Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Registration And ComplianceDelayed payments, Delayed payments to MSME, documents required for msme samadhaan, is msme samadhaan effective, msme payment within 45 days notification, MSME Samadhaan, Procedure to recover debt, Protection against the delayed payments, Recovery of debt under MSME, what are the guidelines for delayed payment of dues to the MSME borrowers

Recover the money against the supply made along with interest notified by the Reserve Bank of India (RBI) if any...

Do NCLT is vested with the power to classify a transaction as a “preferential transaction”!

Adv. Niraj ChamyalMay 23, 2022May 27, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceCIRP under NCLT, converted operational debt into financial debt, executing the loan agreement, Liquidator before AA, Memorandum of Understanding, NCLT process flow chart, Powers of NCLT, preferential transactions under IBC, related party under IBC, Role of NCLT under IBC, Transaction as third party, undervalued transactions under IBC, Undervalued transactions under Section 45

The Hon’ble NCLAT, Principal Bench, New Delhi held that the IBC does not vest the power to NCLT to Suo-moto...

Breach of clause of the agreement, terming it as Default?

Advocate Chetna BishtMay 18, 2022May 27, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016, Legal Outsourcing, RERA Consultingagreement between the builder and the association, association of the Home Buyers, Breach or Default, builder has failed to refund the IBMS charges, clause of the agreement, Insolvency and Bankruptcy Code, Insolvency Proceedings against the Builder, proceedings against the proposed Insolvency Resolution Professionals

Delhi-based bench of NCLT passed an order by allowing a plea filed by the Residents Association for breach clauses of...

IS COVID-19 FORCE MAJEURE?

AdminApril 23, 2022May 4, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Legal AdvisoryCOVID-19 FORCE MAJEURE, Force majeure clause, force majeure covid-19 in india, force majeure indian contract act, force majeure landmark cases, latest judgments on force majeure

Covid-19 being a natural calamity and not having been caused due to actions of any party under a legal contract/agreement...

Possibility of extending the CIRP beyond the stipulated time of 330 days

AdminApril 20, 2022May 4, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Legal Advisory330 days IBC not mandatory, CIRP can be extended beyond 330 days?, extension of CIRP beyond 330 days, Extension of the CIRP beyond time, time limit for completion of liquidation process, What is CIRP process?, what is the time limit for completion of Corporate Insolvency Resolution Process

The time specified for the completion of the corporate insolvency resolution process is 330 days as has been laid by...

Special Purpose Acquisition Companies in the Indian Corporate Environment

Ankur SangwanApril 15, 2022April 18, 20220 CommentsAll For Startup, Authentic Legal Advice, Benchmarking, Corporate Litigation-All In Way, Legal Advisory, Registration And Compliance, Tax AdvisoryBenefits of Spac, Difference between SPAC and IPO, How does a SPAC acquisition work, Spac Companies in India, SPAC Special Purpose Acquisition Companies, SPAC vs IPO, What is Spac, What is Special Purpose Acquisition Company, What is the purpose of SPAC

At present, the Indian legislature has not yet determined any full regulatory requirements for SPACs. However, India's market regulator, the...

PRE-PACKAGED INSOLVENCY PROCESS FOR MSMEs

Adv_Pooja_DuaApril 8, 2022April 25, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryCIRP process, CIRP under the Insolvency and Bankruptcy Code, Pre-Pack IRP under IBC in India, Pre-Pack under IBC, Pre-packaged insolvency resolution process, Pre-packed insolvency in India, Pre-packed Insolvency Process for MSMEs under IBC, Pre-packs for MSMEs, proceedings of PRIP, what is pre packaged insolvency resolution process

To provide a relief to MSME and to offer them some respite from this pandemic, the process of pre-packaged insolvency...

UDYAM REGISTRATION

Adv_Pooja_DuaApril 4, 2022April 13, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Invest In India, Legal Advisory, Registration And Compliancebenefits of udyam registration, documents required for udyam registration, Eligibility for Udyam registration, msme udyam registration, Procedure for registration under Udyam, udyam aadhar registration, Udyam registration, Udyam Registration Benefits, udyam registration certificate, udyam registration online, What is Udyam Registration

Udyam Registration a government registration for MSMEs which provides them with a unique identity number and a recognition certificate to...

GST is not applicable if unit sold after occupation/completion certificate

Adv_AnujMarch 29, 2022April 2, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA Consulting, Tax AdvisoryApplicability of GST under RERA, GST not applicable after occupancy certificate, gst on completed flats, gst on sale of flat after completion certificate, issue of completion certificate, no gst after occupancy certificate, Real Estate Sector under GST, RERA under GST

As per the Central GST Act there being no supply of goods within the meaning of the GST Act in...

‘Arbitration Clause’ – Its invocation and process

AdminMarch 28, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Legal Advisoryappointment of an Arbitral Tribunal, Arbitration & Conciliation Act, Arbitration proceedings in India, how to invoke arbitration, IBC professionals in India, invocation of arbitration clause, invocation of arbitration meaning, legal professionals, notice invoking arbitration format, premature invocation of arbitration, process of resolution of disputes

The process is not too tedious and is generally accepted by the court, thus, helping the parties to resolve disputes...

Arbitration Award- Its Validity and Enforceability

AdminMarch 28, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Grievance Redressal, Insolvency & Bankruptcy Code 2016appeal against arbitral award, arbitral award under arbitration and conciliation act 1996, disposal of the petition, Enforcement of Arbitration Award in India, pendency of the arbitral proceedings, validity of arbitration agreement in india

Individuals and corporates have begun to opt for ‘Arbitration’ as the chosen mode for resolution of their disputes to avoid...

WORKING REPORT OF RERA AFTER ITS ENACTMENT

Adv_AnujMarch 27, 2022March 28, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingBuilder-Buyer Agreements, delays in possession, IBC under RERA, Insolvency and Bankruptcy Code, issues between the Home Buyers and Builders, registered under RERA, Relief to the Home buyers, RERA under IBC, signing the builder-buyer agreement

In the past five years of RERA, it has been successful to tackle the issues between the Home Buyers and...

Rights and Duties of the Allottees

Ankur SangwanMarch 26, 2022April 2, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Legal Advisory, Registration And Compliance, RERA ConsultingBuilder-Buyer Agreement, Duties of the homebuyers under RERA, How to claim refund under RERA, right to claim possession of the apartment, Rights and Duties of the Homebuyers under RERA, rights of the homebuyers, Rights of the homebuyers under RERA

Neither the promoter nor the allottee can deny such rights & duties as mentioned in this article no matter what...

Application Filing by the Home Buyers/Allottees under IBC, 2016

Adv_Pooja_DuaMarch 21, 2022March 23, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Insolvency & Bankruptcy Code 2016, RERA Consultingallottees as financial creditors, Allottees can file applicationunder IBC, Allottees under IBC, Application Filing by the Home Buyers under IBC, home-buyers as financial creditors, Homebuyer under IBC, homebuyers under CIRP, Position of home buyers under Insolvency, rights of homebuyers under ibc, Supreme court upholds IBC Amendments

the interest of the allottees is protected and the survival of real estate companies and completion of projects is ensured....

Banks are equally answerable to RERA: Supreme Court

Adv_AnujMarch 19, 2022March 23, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, RERA Consultingbanks are equally answerable to rera, complaint filed by an aggrieved person, Order passed by Rajasthan RERA, proceedings against the bank, rera account rbi guidelines, RERA prevails over SARFAESI Act, what is rera account

the orders passed by Rajasthan RERA that the Bank after exercising their rights over the real estate project under Section...

Resembling terms “Subsidy” and “Subvention” in Real Estate

Ankur SangwanMarch 14, 2022March 15, 20220 CommentsAuthentic Legal Advice, Registration And Compliance, RERA ConsultingComplaint against subvention scheme under RERA, home loan under subvention scheme, interest subvention scheme real estate, Resembling terms “Subsidy” and “Subvention” in Real Estate, subvention scheme in real estate, Subvention Scheme under RERA, What is subvention scheme

“Subsidy” is a form of financial aid provided by the government. On the other hand, Subvention Scheme is a type...

Position of home buyers in the case of Insolvency

Adv_Pooja_DuaMarch 11, 2022March 21, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA Consultingallottees position in case of insolvency, Homebuyers under IBC, Remedy for allottees in the case of insolvency, rights of homebuyers under ibc

The allottees are left helpless when the developers stands either insolvent or incapable of delivering the possession even after passage...

Allottees can file joint (representative) complaint against builder if grievance is same?

Ayushi SinghMarch 2, 2022March 14, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, RERA Consultingappeal with the RERA Authority, complaint with the RERA Authority, Delay in Possession, file a RERA complaint, How to file complaint under RERA, misleading advertisement, Non-disclosure of project details as required, request a refund with interest

If a buyer is dissatisfied with the RERA Authority's judgement, he or she may file an individual appeal or a...

Rights of the borrower in case of harassments by the banks

Ayushi SinghFebruary 28, 2022March 14, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Managementbank harassment case, bank harassment complaint india, complaint letter against recovery agents, Debt Recovery, Extortion case filed against the Recovery Agent, Extortion complaint, file a complaint with RBI, File FIR against recovery agents, harassed by the bank officials, Harrassment by the Banks, Payment of debts, threatened by the bank officials

If the debt recovery is based on erroneous information that led to the loss of your score, then you can...

Arbitration over Litigation an advantage

AdminFebruary 22, 2022February 24, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Grievance RedressalAdvantages of Arbitration, advantages of litigation over arbitration, alternative dispute resolution mechanism, arbitration agreement, Arbitration and Conciliation Act, Arbitration clause, Arbitration Process, disadvantages of arbitration, Litigation over arbitration, Types of arbitration

The choice between ‘arbitration’ and ‘litigation’ is not one that can be made in a vacuum. Arbitration can and should...

The sexual harassment of women at workplace (prevention, prohibition and redressal) Act 2013

Ankur SangwanJanuary 29, 2022January 31, 20220 CommentsAuthentic Legal Advice, Legal AdvisoryBenefits to Aggrieved Women under POSH Act, effect of sexual harrassment on women at workplace, protection against sexual harassment of women, Rights of Aggrieved Women under POSH Act, Sexual harassment of women at workplace, Under the POSH act, women harassment act, workplace harassment act

The POSH Act is a gender-biased law enacted with the intention to fill the vacuum in the existing legislation by...

Articles of Associstion

The Articles of Association of a company are the documents that specify the rules, regulations, and bye-laws governing the company's...

Allottees/Buyers must form group or association to counter the violations committed by the builders

Adv_AnujJanuary 21, 2022January 22, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingComplaints against Builder, consequences of non completion of real estate project, delay in execution of the RERA order, File a complaint in Consumer Court, How to file Group Complaint under RERA, insolvency process of the builder company, remedy under RERA for allottee, solutions for homebuyers under RERA, violations by Builders, what if builder fails to give registry

All allottees approaching before these forums secure reliefs for them but the execution force is a bit low therefore they...

Online Fantasy Sports: Game of chance or skill

Adv. Rohit KhatriJanuary 20, 2022January 21, 20220 CommentsAuthentic Legal Advice, Go Global, Invest In Indiaesports law in india, Gaming Laws in India, Indian Law and Regulations for Gambling, Legal Framework on Gambling in India, Legal Framework on Online gaming in India, Online fantasy sports, Online gaming in India, online gaming laws in india, punishment for gambling in india, Skill Fantasy Sports, supreme court on gambling, supreme court verdict on games

India should focus on the development of particular regulations and set up tribunals to control the gaming activities to change...

Power and Duties of Company Liquidator

saumya sharmaJanuary 19, 2022January 21, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016assets of the corporate debtors, claims of the creditors, Difference between Liquidation and Liquidator, liabilities of liquidator, liquidation of the corporate debtors, rights of liquidator, what is liquidator of company, who is an official liquidator, who is the liquidator of a company, winding up of a company in india

The Liquidator has a fiduciary responsibility with the Company and its creditors. The major goal of choosing a Liquidator is...

Compulsory winding up of a company

saumya sharmaJanuary 17, 2022January 18, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And Compliancecompulsory and voluntary winding up of a company, duties and powers of a liquidator in case of compulsory winding up of a company, issue notice on winding up of a small business, methods of winding up of a company, procedure for compulsory winding up of a company, reasons for compulsory winding up of a company, voluntary winding up of a company, who can apply for winding up of a company

When a business decides to wind up, it can choose between a voluntary winding up method and a compulsory winding...

Remedies for misappropriation of Interest Free Maintenance Security Charges

saumya sharmaJanuary 15, 2022January 18, 20220 CommentsAuthentic Legal Advice, Registration And Compliance, RERA ConsultingDifference between maintenance charges and IFMS, handing over possession, Interest Free Maintenance Security Charges, Meaning of IFMSC in Real Estate, Remedies for homebuyers under RERA, Remedies for misappropriation of IFMSC, RERA rules for maintenance charges

IFMS is an additional amount given by the buyers to the developer/builder till the time resident’s welfare association (RWA) is...

Revocation of Registration under Real Estate (Regulation & Development) Act, 2016

Ankur SangwanJanuary 14, 2022January 24, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA Consultingapplication for revocation of registration under RERA, Compliance under RERA Act, Extention of Revocation of Registration, Procedure of Revocation of Registration under Real Estate Act, Real Estate Project registered under RERA Act, registration under Real Estate Act 2016, revocation of registration under RERA, Revocation of Registration under RERA Act, What is revocation of registration

The Competent Authorities hold the power to revocate the registration of such promoters along with the publication of the name...

SARFAESI Act: A Brief Introduction

Adv_AnujDecember 14, 2021December 16, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Grievance Redressal, Insolvency & Bankruptcy Code 2016Auction under the SARFAESI Act, Debt Recovery, Definition of Bank under the SARFAESI Act, How proceedings initiated under SARFAESI Act, Procedure of Sale under the SARFAESI Act, Recovery of Loans, recovery of Non- Performing Assets, Recovery procedure of secured Loans, recovery proceedings of banks, Sarfaesi Act with Latest Amendments

SARFAESI Act allows banks and financial institutions to recover their dues exceeding One Lakh Rupees by proceeding against secured assets...

Execution of RERA order and attachment of assets of builders

Adv_AnujDecember 9, 2021December 10, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Registration And Compliance, RERA Consultingappeal against RERA order, complaints of the allottees, complaints of the allottees against defaulting Builders, due dates of the RERA Orders, execution of RERA orders, How to execute RERA orders, non-compliance of rera order, Process of RERA Order Execution, rera order execution process, What is builder not following RERA order

The Authority has the power to hear the grievances of the allottees regarding execution of the orders and the Authority...

Karnataka High Court orders for interim stay on the recovery of EMI from Homebuyers

AdminNovember 25, 2021November 25, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingBanks harassing the homebuyers, CIBIL score of the buyers, EMI under the Subvention Scheme, Homebuyers harassed by the Banks for recovery of Loan, Homebuyers harassed by the builders, Liability under Subvention Scheme, recovery of EMI from Homebuyer, Relief for homebuyers from Loan Recovery, Relief to the Home buyers, Stay on the Recovery of EMI From Homebuyers by the Karnataka High Court, Subvention Scheme against the Builder, Writ Petition filed by the Homebuyers

The Karnataka High Court on 16.11.2021, allowed a deferment of all loan repayments, and directed the bank not to recovery...

Offences and Penalties under RERA

saumya sharmaNovember 20, 2021November 24, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Registration And Compliance, RERA ConsultingPenalties for Promoters under RERA, Penalties for Real Estate Agents under RERA, Penalty for Allottee under RERA, Penalty for non registration of projects, Penalty for Offense by the builder under RERA, procedure and penalties under RERA, RERA Compliances, RERA Litigation, State wise RERA implementations

The RERA Act is the best reform happened for the homebuyers. If in any situation a dispute arises, the offences,...

Women’s Right- The Maternity Benefit Act

saumya sharmaNovember 19, 2021November 19, 20210 CommentsAuthentic Legal Advice, Legal Advisorybenefits of Maternity Benefit Act?, How to avail Maternity Benefits, Informing women employees of the right to maternity leave, Maternity Benefit Act, Maternity leave for adoptive and commissioning mothers, provisions of the maternity benefit act, What is the government rules for maternity leave?

Keeping in mind all the challenges faced by the women during their Maternity period a bill “The Maternity Benefit Act”...

Arbitration Overview: Meaning and Importance

saumya sharmaNovember 18, 2021January 21, 20220 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Grievance Redressal, Insolvency & Bankruptcy Code 2016Advantages of Arbitration, Appointment of Arbitrator, Arbitration Law in India, case of arbitration, Defination of arbitration, definition of ‘financial debt’, Importance of Arbitration, Indian Arbitration Process, Pending cases in India, Process of arbitration in India, remedy for settlement of dispute, What is the meaning of arbitration, Why arbitration is important

Arbitration is a form of dispute resolution which make both the parties mutually agree on the procedure of arbitration. Arbitration...

Is judicial intervention in arbitration justified?

Shruti SharmaNovember 17, 2021November 19, 20210 CommentsAuthentic Legal Advice, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Legal Outsourcing, Registration And ComplianceArbitration and Conciliation Act, arbitration execution proceedings, Arbitration proceedings in India, arbitration vs court proceedings, Concept of Judicial Intervention, consolidation of arbitration proceedings, how to commence arbitration proceedings, icsid rules of procedure for arbitration proceedings, Judicial Intervention in Arbitration, Procedure of the Arbitration Proceedings, Proceedings of Arbitration, role of court in arbitration proceedings

The court’s intervention can be justified by saying that it protects the rights of the parties or it puts eyes...

SC: Delegation of adjudication to a single member of authority is not dehors to law

Adv_AnujNovember 17, 2021November 19, 20210 CommentsAuthentic Legal Advice, Grievance Redressal, Registration And Compliance, RERA ConsultingComplaints under UPRERA Authority, execution of RERA orders, File an appeal before Supreme Court, interest of the Homebuyers, issue a recovery certificate for recovery, latest supreme court judgement on RERA, Latest UPRERA order, order of UP-RERA, plea against an RERA order, possession isn't delivered on time, RC for recovery for interest and compensation, refund of the amount to the allottee, RERA Complaints, Supreme Court judgments on delayed possession

The Newtech Promoters and Developer filed an appeal before Supreme Court against an Allahabad High Court order which dismissed its...

Role of CIBIL Score in Credit Rating

Shruti SharmaNovember 15, 2021November 17, 20210 CommentsAuthentic Legal Advice, Debt Recovery Management, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Registration And Compliance, Tax Litigation, Tax PlanningAdvantage of good cibil score, Apply for a Business Loan, Apply for a Personal Loan, credit card application, Factors Affecting Cibil Score, Importance of Cibil Score, Rejection of Credit Application, What is credit score, Why Cibil Score is important for Personal Loan

Credit score is also named as CIBIL score that is representation of credit worthiness based on your history of credit...

Interest Free Maintenance Security Charges

saumya sharmaNovember 13, 2021November 15, 20210 CommentsAuthentic Legal Advice, Legal Advisory, RERA Consulting, Tax Advisory, Tax LitigationDifference between maintenance charges and IFMS, GST on IFMS charges, Interest Free Maintenance Security Charges, Requirements of IFMS under Law, RERA rules for maintenance charges, what is maintenance deposit

IFMS is an additional amount given by the buyers to the developer/builder till the time resident’s welfare association (RWA) is...

Flat buyers associations are consumers for builders and are entitled to file complaint before Consumer Forum

Adv_AnujNovember 11, 2021November 15, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA Consultingconsumer complaint against builder, file complaint before Consumer Forum, Flat Buyers Associations can file complaint against builder, Flat buyers can file complaint before consumer court against builder, Homebuyer can file complaint before consumer court against the builder as consumer, procedure for filing a complaint in consumer protection act, procedure to file a consumer complaint

Hon’ble Supreme Court has reiterated and upheld that legal position of the Flat Buyers Association as consumer and has also...

Karnataka-RERA warned 373 projects to complete before deadline ends

Adv. Shanu LambaNovember 10, 2021November 15, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingAction agaisnt builders by KRERA Authority, Best RERA Lawyers in Karnataka, Delayed projects under Karnataka RERA, How to file a Complaint under Karnataka RERA, KRERA Warned projects to complete before deadline, Latest News on Karnataka RERA, Legal action against defaulting developers by Karnataka RERA, RERA in Karnataka, Stuck Projects under KRERA Authority, unfinished projects in Karnataka

Karnataka Real Estate Regulatory Authority (hereinafter referred to as K-RERA or authority) has given a deadline extension for the projects...

Harassment by Recovery Agents

saumya sharmaNovember 9, 2021November 15, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Legal Advisory, Legal Outsourcingcomplaint letter against recovery agents, Harassment by the recovery agents, harassment to recover the money by the Recovery Agents, how to complaint against recovery agent, How to deal with a Recovery Agent, mental harassment by recovery agents, Remedies against Harassment

Harassment by the bank and agents are situation which makes an individual suffer through mental and sometimes physical damage too....

Subvention Scheme and The Risks Associated

saumya sharmaNovember 8, 2021November 13, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingAdvantages and Disadvantages of Subvention Scheme, Interest Subvention Scheme for MSMEs, Liability under Subvention Scheme, Remedies under RERA if stuck in Subvention Scheme, Risks associated under subvention scheme, Subvention Scheme and The Risks Associated, Subvention Scheme by the builder, Subvention Scheme under RERA act in India, What is subvention scheme

Before signing on subvention agreement the buyers must read the agreement thoroughly to avoid any mishappening in future.

Complaint can be filed against subvention scheme violation under RERA

Adv. AarshiNovember 2, 2021November 13, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA ConsultingComplaint against subvention scheme under RERA, Complaint filed against subvention scheme violation under RERA, dispose of the RERA Complaints, Legal Remedy for Homebuyers if Builder company go insolvent, Remedies under RERA, Remedy for homebuyers under RERA Act, Subvention Scheme under RERA, subvention scheme violation under RERA, supreme court judgement on subvention scheme

The RERA Authority has the power to decide and dispose of the complaints as RERA is the best and most...

Benefits of Arbitration

Adv_AnujNovember 1, 2021November 15, 20210 CommentsAuthentic Legal Advice, Legal Advisory, Legal Outsourcingadvantages and disadvantages of arbitration, advantages of arbitration in India, arbitration agreement between the parties, Arbitration and Conciliation Act 2020, Arbitration for commercial disputes, Arbitration in India, Arbitration proceedings in India, benefits of arbitration for businesses, Stay of Arbitration Proceedings, what is arbitration

Though arbitration has various advantages over traditional litigation but it is important to consider all of the options when preparing...

Patent: Registration, Infringement and Remedies

Adv. AarshiOctober 30, 2021November 1, 20210 CommentsAuthentic Legal Advice, Government Advisory, Registration And Compliancefiling for the Patent Registration, How can a patentee claims the profits, Infringement of a Patent under Patent Law, Infringement of the Patent, patent infringement and remedies in India, Patent infringement in India, Profit claim by a Patentee, remedies for patent infringement, Trademark Infringement and Remedies, Types of Patent Infringement in India

An invention relating to a product or a process that is new, involving inventive step and which is capable of...

Summary suit for Recovery of Money

Adv. Shanu LambaOctober 29, 2021October 31, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016How to file suit for recovery of money, How to file Summary Suit, how to initiate a summary suit, Legal procedure to file summary suit, recovery suit under order 37 of CPC, suit recovery of money, Summary suit for Recovery of Money, Summary suit Proceedings, What is the limitation for filing suit for recovery of money?, What is the procedure for summary suit

summary suits are straightforward and ease to go for the plaintiff and stiffer for the defendant to defend as comparative...

An Introduction- Patent Law

Adv. AarshiOctober 29, 2021October 31, 20210 CommentsAuthentic Legal Advice, Cross Border Advisory, Government Advisory, Grievance RedressalBasics of Patent Law, Indian Patent Law, intellectual property law in India, Patent Law in India, Patent Law Requirements, Patent Lawyer near me, What is patent Law

Provides the inventor with all the exclusives rights pertaining to the invention made which completely falls in the ambit of...

Documents required for allotment of DIN

Shruti SharmaOctober 28, 2021October 28, 20210 CommentsAll For Startup, Authentic Legal Advice, Business Advisory, Government Advisory, Legal Advisoryapproval of the DIN number, Documents required for DIN, Documents required for the application of DIN, documents required to apply for DIN, How to apply for Director Identification Number, How to get DIN number, What is Director Identification Number, What is the Procedure to apply for DIN

Any person who wants to become a Director shall require to make an application in e–form DIR with Registrar of...

One-sided terms in favor of Builder are non-enforceable: Supreme Court

Adv_AnujOctober 26, 2021October 28, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingComplaint filing by the homebuyer, consumer court judgements against builders, delay in handing over possession of the flat, filing the complaint, Homebuyer harassed by the builders, one-sided agreement contract, supreme court judgement on builder buyer agreement, Supreme Court judgement on refund from builder, supreme court judgement on unfair trade practices, supreme court judgements against builders 2021

The Supreme Court has finally settled the law and has provided relief to all the allottees which were being regularly...

Statutory Compliance under RERA Act, 2016

Adv. Shanu LambaOctober 26, 2021October 28, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingCompliances under RERA Act, Penalties for non-compliance of Provisions, penalties for offences against non-compliance, penalty for non-registration of the Project, penalty for providing false information, proceeding from RERA authority, protect the interest of Homebuyers

The provisions were not sufficient to render punishment to the developer and the builder for misconducting and breaching the terms...

Summary Suits for Cheque Bounce

Adv. Shanu LambaOctober 25, 2021October 28, 20210 CommentsAuthentic Legal Advice, Debt Recovery Management, Grievance RedressalCheque Bounce cases under NI Act, cheque bounce latest judgement, complaint under section 138 of the NI Act, criminal liability against the drawer of the defaulted cheque, procedure for cheque bounce case, recovery suit for cheque bounce limitation, safeguards protection against Cheque Bounce

the plaintiff can file a separate complaint and proceed with the summary suits for the recovery of the amount due...

Builders forcing to take possession without Occupancy Certificate

saumya sharmaOctober 23, 2021October 26, 20210 CommentsAuthentic Legal Advice, Registration And Compliance, RERA Consultingbuilder not giving possession letter, builder not providing completion certificate, Builders forcing homebuyers for possession without OC, Builders selling property without occupation certificate, delay in process of construction, FIR against the builder, FIR can be lodged against the builder under IPC, legal action against builder, possession without the occupancy certificate

A customer should remember of taking each document from the builder. The occupancy certificate should be taken before creating the...

A Guide to Trademark

Adv. AarshiOctober 22, 2021October 26, 20210 CommentsAuthentic Legal Advice, Business Advisory, Government Advisoryconcept of the trademark, Cyber-crime along with cyber fraud, Filing Trademark application in India, guide to copyright and trademark, Guide to Trademark Registration of a Business, how to register a trademark in India, intellectual property law in India, Practical guide to Trademark Law, Trademark Registration, trademark usage guidelines, what is a trademark

Trademark performs a full-size position. A hallmark can commonly be defined as any mark, symbol or a phrase, brand that...

How long RERA takes to decide a complaint

Adv_AnujOctober 21, 2021October 26, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Registration And Compliance, RERA ConsultingAggrieved Homebuyer file complaint against builder, complaints under the RERA, file complaints against builder, How to file complaint under RERA, Limitation for Filing Complaint under RERA, Procedure for filing complaint before RERA, proceedings against the builder, Proceedings under the RERA Act, RERA complaints are effective?, RERA complaints for refund

The RERA Act has provided a very speedy and summary procedure to resolve the issues. This has provided relief to...

Abuse of dominant position by banks in Real Estate Projects

Adv_AnujOctober 19, 2021October 25, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Project Funding, RERA ConsultingAbuse of dominant position by banks, Aftermarket Abuse of Dominance in the Real Estate Sector, dominant position by banks in real estate projects, fine imposed under sub-section (2), malpractices of the Banks, protect the interests of the consumers

It is just a matter of time that the detailed information with thorough research about the specific loan market and...

Security cheque under the purview of section 138 negotiable instruments act, 1881

Adv. Shanu LambaOctober 19, 2021October 25, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Insolvency & Bankruptcy Code 2016, Legal Advisory138 ni act cheque given as security, dishonour of Security Cheques, dishonouring cheque given as security cannot be held liable, misuse of security cheque, offence under section 138 of NI Act, security cheque bounce case in india, security cheque section 138, supreme court judgement on security cheque, What is security cheque

Dishonour of “Security Cheques” is not an offence. A Security Cheque is a cheque issued to a drawee as security...

Copyright: Infringement and Legal Remedies in India

Adv. Shanu LambaOctober 17, 2021October 22, 20210 CommentsAuthentic Legal Advice, Cross Border Advisory, Legal Advisory, Legal OutsourcingCopyright infringement and Remedies, copyright Infringement in India, Infringement of copyright India, Legal Remedies for Infringement of Copyright, Punishment for copyright infringement in India, Remedies against infringement of copyright notes, Remedies for infringement of copyright in India, Remedies of copyright infringement

When a person enjoys exclusive rights during the term of registration of design without taking authorization and license from the...

Voluntary Liquidation

Adv. AarshiOctober 16, 2021October 21, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Appointment of Liquidator, creditors voluntary liquidation advantages and disadvantages, Insolvency Professionals, Liquidation procedure under IBC, qualified bankruptcy professionals, voluntary liquidation India, voluntary liquidation of a company, Voluntary Liquidation under IBC, what does voluntary liquidation mean

IBBI changed the liquidation procedure to be of a fixed duration. The new rules require the process to be completed...

UP-RERA splendid performance in last four years

Adv. Shanu LambaOctober 6, 2021October 8, 20210 CommentsAuthentic Legal Advice, RERA Consultingaction against the builders, Complaint under UPRERA, Penalty against Builder, Penalty against developers for non-registeration of the projects, Penalty imposed on builders by RERA Authority, Registeration cancellation by UPRERA Authority, Registered projects under UPRERA, UP-RERA order execution, UP-RERA performance

Kind of strong initiative by the authority gave a ray of hope to homebuyers as their rights are more protected...

Supreme court directed central government to frame model builder-buyer agreement

Adv. Shanu LambaOctober 5, 2021October 8, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, RERA Consultingagreement to protect homebuyers rights, Builder Buyer Agreement under RERA Act, Builder-Buyer Agreement, central government to frame model builder-buyer agreement, Notice by the Supreme court to frame model BBA, Petition to frame model builder-buyer agreement

It is important to frame a model builder-buyer agreement to seek out transparency and uniformity and to protect the interest...

Remedies to allottees when the land is disputed

Adv_AnujSeptember 18, 2021September 20, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, RERA Consultingdefect in title of the land, file a complaint before the RERA Authority, Petition filed before NCLT, Petition filed before NCLT under IBC Law, register the project with the RERA Authority before its promotion, relief of refund to the buyer, remedies provide under the RERA Act, Remedies to allottees

After the registration of the project if any defect comes into light which creates any problem in completion of the...

Legel remedies to get refund on stalled projects: An Analysis

Adv_AnujSeptember 17, 2021September 20, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016, RERA Consultingcomplaints of the buyers, How to get refund on stalled projects, Legel remedies to get refund `, Non compliance by the builder, provision of the RERA Act, Return of amount and compensation, revocation of the registration under RERA act

Section 18(1) of the RERA Act provides for ‘Return of amount and compensation’ which is the base for complaint under...

Haryana Government attached builder’s land for violating provisions of environment act

Adv. Shanu LambaSeptember 14, 2021September 15, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, RERA Consultingbuilder violating provisions of environment act, compensation penalty on the builders, Complaint filed against the TDI Infrastructure Ltd, criminal prosecution against Builder, definition of environmental pollution under the environment protection act, grievances redressal against the builder, offences and penalties under environmental protection act, penalties under environment protection act, violation of environmental laws in india

The Haryana State Pollution Control Board (hereinafter referred to as HSPCB) directed Rs. 45.40 crore penalty for violation of the...

EVEN AFTER POSSESSION, NO SIGN OF OC FOR UNITECH ESCAPE RESIDENTS

Adv. Shanu LambaSeptember 13, 2021September 15, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, RERA ConsultingDelay in Occupation Certificate, Get Possession but no sign of OC, How to get occupation certificate, No sign of OC for Unitech Escape Residents, occupation certificate required, reparation of building

It’s overthree years, around 30 families got possession in one of the eight towers in the Unitech Escape on Golf...

Insolvency and Bankruptcy Code (Amendment) Bill, 2021

AdminAugust 27, 2021August 30, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016filing of new corporate insolvency resolution applications, insolvency and bankruptcy code 2021, insolvency and bankruptcy code amendment bill 2021, insolvency and bankruptcy code ordinance 2021, Insolvency Law, penalty for initiating a pre-packaged IRP, Pre-packaged insolvency resolution process

The Code was enacted in 2016 to consolidate and amend the laws governing corporate reorganization and insolvency resolution for corporations,...

CoC is empowered to consider revised financial offers keeping in mind the time limit set out by law: NCLAT

AdminJuly 30, 2021August 2, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016alternative for restructuring stressed assets, approved resolution plan under Section 31, CIRP Procedure, Committee of Creditors under IBC, corporate debtor under IBC, eligibility to submit a resolution plan, Insolvency and Bankruptcy Code, long-delayed insolvency procedure, revised financial offers, Submission of Resolution Plan

The NCLAT had to decide whether the NCLT/CoC may provide resolution applicants repeated chances to alter their individual resolution plans...

Jurisdiction in Copyright dispute arising from CIRP can be decided only by NCLT: Delhi HC

ajay.shuklaJuly 29, 2021July 31, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisoryclaim before IRP, copyright claim dispute, Copyright Dispute, Copyright dispute arising from CIRP, Copyright Dispute before NCLT, Disputed claims under IBC, insolvency proceedings, Jurisdiction in Copyright dispute, Liquidation Proceedings of a Corporate Debtor

A dispute arose after the completion of the liquidation proceeding and whether the dispute relates to special legislation, such as...

HC dismiss the writ regarding fees on IPs by IBBI

AdminJuly 8, 2021August 7, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016IBC proceedings before the NCLT, Insolvency and Bankruptcy Board of India, Insolvency professionals in Delhi, IPs and insolvency professional agency, provisions of the IBC, remedy for the non-compliance

CA. Venkata Siva Kumar, the petitioner, is a chartered accountant who has registered as an IP with the IBBI. In...

Section 14 of the I&B Code does not apply to personal guarantors

AdminJuly 4, 2021August 7, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Appeal against NCLT order, CIRP against a corporate debtor, personal guarantor of a corporate debtor, procedure for filing appeal against NCLT order, proceedings against the Personal Guarantor, Proceedings initiated by SBI, provisions of the IBC, V Ramakrishnan vs SBI, Veesons Ramakrishnan

SBI initiated proceedings against Veesons under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002...

If default has occurred, petition must be admitted: Supreme Court

AdminJuly 4, 2021August 7, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Application filed under the IBC, application under the Insolvency Code, Appointment of an Insolvency Professional, case of Innoventive Industries Limited vs ICICI Bank Limited, corporate debtor under IBC, Defaulter under the IBC, Initiation of Insolvency Resolution Process, Insolvency and Bankruptcy Code, Supreme Court on IBC

The Supreme Court of India issued its first comprehensive ruling on the operation and functioning of the Insolvency and Bankruptcy...

Delayed Possession and Compensation under RERA

ajay.shuklaJuly 3, 2021July 6, 20210 CommentsAuthentic Legal Advice, Registration And Compliance, RERA ConsultingCompensation under RERA, delayed possession of flats, delayed possession of flats by Builder in India, delayed possession of flats by promoters, developers fail to deliver flats, Filing complaint under RERA, How can a homebuyer get compensation for Delay Possession, sale agreement between buyer and builder

According to the provisions of the agreement, if possession is not handed over on time, the Promoter is obligated to...

Prevalence of IBC over the SARFAESI Act

AdminJuly 1, 2021July 5, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Conflict between IBC and SARFAESI Act, demand notice to RCM under the SARFAESI Act, File Claim under IBC, How is IBC better than SARFAESI, IBC and SARFAESI Act, IBC Prevails SARFAESI Act, Impact of IBC on SARFAESI Act, petition under the Insolvency and Bankruptcy Code, Possession Notice under SARFAESI Act, Revised Claim under IBC

The Adjudicating Authorities have affirmed the IBC's goals through a series of judgments and further proved its prevalence over the...

Outstanding payments to allottees in Real Estate Projects are Financial Debts

ajay.shuklaJune 29, 2021August 7, 20210 CommentsAuthentic Legal Advice, Business Advisory, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, RERA ConsultingCIRP against Jaiprakash Infratech Limited, Compulsory Liquidation required under IBC, Creditors under the IBC, Financial Creditors under the IBC, Homebuyers as Financial Creditors under IBC, Initiation of CIRP, Insolvency and Bankruptcy Code, protect the interests of home buyers

The Supreme Court did not agree to the payment of amounts deposited by the promoter to homebuyers on the grounds...

What is the meaning of “Residuary Jurisdiction” of the NCLT under IBC?

AdminJune 17, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Case against builder under GujRERA, contractual disputes in Gujarat, IBC under NCLT, Insolvency of a Corporate Debtor, insolvency proceedings of corporate debtor, Liquidation under IBC, NCLT under IBC, residuary jurisdiction meaning, Residuary Jurisdiction of the NCLT under IBC, What is Residuary Jurisdiction

The Supreme Court of India defined Section 60(5) of the Code as a residuary jurisdiction vested in the NCLT, allowing...

Powers and Duties of Liquidator under Voluntary Liquidation

ajay.shuklaJune 16, 2021June 15, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Legal Outsourcingclaims of the creditors, corporate insolvency resolution process, Insolvency Professionals appointed as Liquidator, Legal Proceedings of a Corporate Debtor, Legal proceedings under IBC, Powers and Duties of Liquidator under IBC, progress of the liquidation process, Resolution Professional appointed under CIRP

Insolvency Professionals eligible to be appointed as Liquidator alongside written consent form within 10 days of the direction issued, and...

Elements for a Resolution Plan

AdminMay 29, 2021May 31, 20210 CommentsAuthentic Legal Advice, Cross Border Advisory, Insolvency & Bankruptcy Code 2016Approval of Resolution Plan, approved resolution plan by the COC, committee of Creditors Approve a Resolution Plan, formulation of a resolution plan, insolvency resolution of the corporate debtor, mandatory contents in any Resolution Plan, Request for Resolution Plan, Resolution Plan before Committee of Creditors

A resolution plan under Regulation 37, shall provide for the measures, for insolvency resolution of the corporate debtor for maximization...

Is it possible to file a case in both the RERA and the Consumer Court at the same time?

AdminMay 20, 2021May 25, 20210 CommentsAuthentic Legal Advice, RERA Consultingaggrieved homebuyers, Consumer Approach RERA Tribunal, File a case in RERA Tribunal and the Consumer Court, File a complaint in Consumer Court, file a complaint in RERA Tribunal, Indian Real Estate Sector, protect the interests of homebuyers, RERA Tribunal and NCDRC

An aggrieved individual has two options: either go to the RERA Tribunal or go to the Consumer Forum & it's...

RERA Act and Conciliation

kartikguptaMay 18, 2021May 20, 20210 CommentsAuthentic Legal Advice, Debt Recovery Management, Registration And Compliance, RERA ConsultingConciliation Forum against Developer, Conciliation Forum against Real Estate Agent, Conciliation Forums, filing a complaint with the RERA authority, Initiation of Conciliation, Legal Proceedings in a Conciliation Forum, Maharashtra RERA Conciliation, MahaRERA Conciliation, Remedy for Homebuyers, UPRERA Conciliation

According to RERA, grievances filed with the authority must be resolved within 60 days of filing. Complaints have been settled...

How is Information Memorandum Prepared?

AdminMay 17, 2021May 20, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Best Resolution professionals, corporate debtor under IBC, Debts of the Corporate Debtor, Information Memorandum Preparation, Liabilities of the Corporate Debtor, Resolution Professional under IBC

The purpose of an information memorandum is to support ‘decision making’ and to make a better decision in a particular...

Role of Bank/Financial Institutions in Real Estate Sector

kartikguptaMay 9, 2021May 17, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016, RERA Consultingbank role in real estate sector, complaint before RERA Authorities, Delay in Possession, Homebuyers of Delay Projects, Homebuyers problems, RERA Complaint against Builder, Tripartite Agreement and Builder Buyer Agreement, What is Tripartite Agreement

The developer requires huge investments for the development of the project for which he approaches banks for financial help and...

Fake Advertisements to lure homebuyers

kartikguptaMay 8, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, RERA Consultingbuilder registered under RERA, complaint before RERA Authorities, Fake advertisement of real estate projects, Fake advertisements to fraud Homebuyers, False Promise by the Builders, Fraud by the Developers, Frauds and Scams, Indian Real Estate Sector, Registration of the Real Estate Project

A simple deal will never have special promises which can’t be fulfilled. It’s a usual tendency for a common man...

How to handle demand letter by Builder

kartikguptaMay 7, 2021May 7, 20210 CommentsAuthentic Legal Advice, Insolvency & Bankruptcy Code 2016, Legal Advisory, Registration And Compliance, RERA ConsultingAnalysis of RERA, Complaint before RERA Authority, Demand Letter by the Builder, demand notice against the Corporate Debtor, Fraud by the builder, Homebuyers facing expolitation by the builder, Importance of Demand Letter, possession along with a delay penalty, Refund along with compensation, RERA Complaint against Builder

A comprehensive article with analysis as how to handle the demand letters issued by the builders, from time to time...

How to appeal against an order by NCLT?

ajay.shuklaMay 4, 2021July 7, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Appeal against an NCLT order, appeal to NCLT under IBC, appeals before the NCLAT, Disposal of NCLT Judgement, filing an appeal against NCLT Decision, IBC and NCLT, Insolvency and Bankruptcy Code, Jurisdiction against orders of NCLT, NCLT under IBC, procedure for filing appeal against NCLT order, proceedings before NCLT, Time Limit for filing an appeal

Any person aggrieved by the decision of NCLT, or is not satisfied with the decision or if there is any...

MahaRERA- Right to reserve and cancel the reservation of the Flat

ajay.shuklaMay 1, 20210 CommentsAuthentic Legal Advice, Registration And Compliance, RERA ConsultingCencel Flat REservation, Flat reservation, Homebuyer before MahaRERA Authority, Homebuyer unhappy with MahaRERA order, Homebuyers Rights, MahaRERA, Promoter refund the booking amount, refund from builder, Refund of the Booking amount, right to cancel the reservation, right to reserve a flat

Maharashtra Real Estate Appellate Tribunal (MahaRERA) observed in an order of Dinesh R. Humane V/s Piramal Estate Private Ltd., that...

NCLAT rules that telecom spectrum can be subjected to IBC proceedings

ajay.shuklaApril 28, 2021April 29, 20210 CommentsAuthentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016Bankrupt Telcos, Corporate Debtor in Insolvency Proceedings, IBC Proceedings, IBC Resolution Process, NCLT Spectrum, Telecom Spectrum under IBC Proceedings, Telecome Spectrum Issues, Transfer of License, Transfer of License under the insolvency Proceedings

NCLT clarified many controversial legal issues surrounding telecom spectrum, including whether it could be subjected to IBC proceedings whether the...

Assocham requests Finance Ministry to re-impose moratorium under IBC

ajay.shuklaApril 26, 2021April 26, 20210 CommentsAuthentic Legal Advice, Debt Recovery Management, Insolvency & Bankruptcy Code 2016financial creditor under the IBC, Moratorium under IBC, NCLT under the IBC, NCLT under the Insolvency and Bankruptcy Code, petition against the Corporate Debtor under the IBC, petition under the IBC, Reimpose of Moratorium, vital contracts against the Corporate Debtor

Due to the outbreak of Second wave of Coronavirus, Assocham has requested the finance ministry to re-impose a moratorium on...

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