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Showing posts with label Insolvency and Bankruptcy code. Show all posts
Showing posts with label Insolvency and Bankruptcy code. Show all posts
Tuesday, 25 June 2024

How proceedings under S 138 NI Act and Insolvency and Bankruptcy code affects each other?

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   Insolvency Proceedings under IBC: Scope: Insolvency Proceedings: These are initiated to resolve cases where companies or individuals are...
Friday, 30 December 2022

Whether the Court of Additional Sessions Judge is Empowered To Try Offences Under Insolvency and Bankruptcy code?

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  It may also be noted that Section 236(3) of the I.B. Code creates a deeming fiction that the Special Court trying offences under I.B. Code...
Thursday, 13 May 2021

Whether the borrower can initiate an insolvency proceeding against the corporate person who is a guarantor regarding the loan account given to the partnership firm?

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To get over this position, much reliance was placed on Section 5(5A) of the Code, which defines the expression “corporate guarantor” to mean...
Sunday, 3 January 2021

Compendium on insolvency and bankruptcy code

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  https://drive.google.com/file/d/1STuPrQ5SkrbH_0BFZwSJpQUPcaMWkyIf/view?usp=sharing
Friday, 17 January 2020

Whether moratorium prohibiting institution of proceeding as provided in S 14 of insolvency Act applies to criminal proceeding?

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As can be seen from Clause (a) of Sub Section 1 of Section 14 of the Code, once the adjudicating authority declares moratorium for prohibi...
Thursday, 16 January 2020

Whether eviction suit filed by landlord should be stayed if moratorium has been declared in Insolvency proceeding?

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This G.A. No.2791 of 2017 has been filed by the defendant in a suit for recovery of khas possession and for mesne profit, praying for ...
Sunday, 14 January 2018

Whether arbitration proceeding can be initiated after imposition of moratorium as per Insolvency Code?

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The mandate of the new Insolvency Code is that the moment an insolvency petition is admitted, the moratorium that comes into effect under...
Wednesday, 21 June 2017

Whether Registrar of BIFR can dismiss application for reference under SICA Act?

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Regulation 19(5) extracted above, requires the Registrar or the Secretary, as may be, to make an endorsement of the date of receipt of th...