Companies Act, 2013 Archives

Supreme Court Sets Aside Bail in Serious Fraud Case: SFIO vs. Nittin Johari (2019)

September 12, 2019 / Ajay Rastogi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 439, Companies Act, 2013, Companies Act, 2013 with Section 212, Companies Act, 2013 with Section 447, Judges, Mohan M. Shantanagoudar, N.V. Ramana

Supreme Court Sets Aside Bail in Serious Fraud Case: SFIO vs. Nittin Johari (2019) LEGAL ISSUE: Whether the High Court correctly granted bail to the accused in a case involving serious economic offenses, considering the mandatory conditions under Section 212(6)(ii) of the Companies Act, 2013 and general principles for bail under Section 439 of the […]

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Supreme Court Upholds Reopening of IL&FS Accounts: Hari Sankaran vs. Union of India (2019)

June 4, 2019 / Companies Act, 2013, Companies Act, 2013 with Section 130, Companies Act, 2013 with Section 212, Companies Act, 2013 with Section 241, Indu Malhotra, Judges, M.R. Shah

Supreme Court Upholds Reopening of IL&FS Accounts: Hari Sankaran vs. Union of India (2019) LEGAL ISSUE: Whether the National Company Law Tribunal (NCLT) can order the reopening of a company’s accounts under Section 130 of the Companies Act, 2013, based on allegations of fraud or mismanagement. CASE TYPE: Corporate Law Case Name: Hari Sankaran vs.

Supreme Court Upholds Reopening of IL&FS Accounts: Hari Sankaran vs. Union of India (2019) Read Post »

Supreme Court settles the timeline for investigation by Serious Fraud Investigation Office in corporate fraud cases: Serious Fraud Investigation Office vs. Rahul Modi and Another (2019)

March 27, 2019 / Abhay Manohar Sapre, Companies Act, 2013, Companies Act, 2013 with Section 212, Companies Act, 2013 with Section 435, Judges, Limited Liability Partnership Act, 2008, Limited Liability Partnership Act, 2008 with Section 43, Uday Umesh Lalit

Supreme Court Clarifies SFIO Investigation Timelines: Rahul Modi Case (2019) Date of the Judgment: 27 March 2019 Citation: (2019) INSC 282 Judges: Abhay Manohar Sapre, J., Uday Umesh Lalit, J. (Majority Opinion by Uday Umesh Lalit, J., Concurring Opinion by Abhay Manohar Sapre, J.) Can an investigation by the Serious Fraud Investigation Office (SFIO) become

Supreme Court settles the timeline for investigation by Serious Fraud Investigation Office in corporate fraud cases: Serious Fraud Investigation Office vs. Rahul Modi and Another (2019) Read Post »

Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 in Swiss Ribbons Pvt. Ltd. vs. Union of India (25 January 2019)

January 25, 2019 / Companies Act, 2013, Companies Act, 2013 with Section 412, Constitutional Law, Constitutional Law with Article 14, Corporate Insolvency Resolution Process, Fundamental Rights, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Insolvency and Bankruptcy Code, 2016 with Section 29A, Judges, Navin Sinha, R.F. Nariman

Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 Date of the Judgment: 25 January 2019 Citation: (2019) ibclaw.in 03 SC Judges: Justice R.F. Nariman and Justice Navin Sinha Is the Insolvency and Bankruptcy Code, 2016 (IBC) a constitutionally valid law? The Supreme Court of India recently addressed this critical question in a

Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 in Swiss Ribbons Pvt. Ltd. vs. Union of India (25 January 2019) Read Post »

Supreme Court clarifies the interplay between Winding-Up Petitions and IBC Proceedings: Forech India Ltd. vs. Edelweiss Assets Reconstruction Co. Ltd. (22 January 2019)

January 22, 2019 / Companies Act, 1956, Companies Act, 1956 with Section 433, Companies Act, 2013, Companies Act, 2013 with Section 434, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Navin Sinha, Rohinton F. Nariman, Winding-up

Supreme Court Clarifies the interplay between Winding-Up Petitions and IBC Proceedings: Forech India Ltd. vs. Edelweiss Assets Reconstruction Co. Ltd. (2019) LEGAL ISSUE: The interplay between winding-up petitions filed under the Companies Act and insolvency proceedings initiated under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: Forech India Ltd. vs.

Supreme Court clarifies the interplay between Winding-Up Petitions and IBC Proceedings: Forech India Ltd. vs. Edelweiss Assets Reconstruction Co. Ltd. (22 January 2019) Read Post »

Supreme Court clarifies the applicability of the Limitation Act to applications under Sections 7 and 9 of the Insolvency and Bankruptcy Code: B.K. Educational Services Private Limited vs. Parag Gupta and Associates (2018) INSC 908 (11 October 2018)

October 11, 2018 / Companies Act, 2013, Companies Act, 2013 with Section 408, Companies Act, 2013 with Section 433, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 7, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 238A, Navin Sinha, R.F. Nariman

Supreme Court Clarifies Limitation Act Applicability to IBC Proceedings Date of the Judgment: 11 October 2018 Citation: (2018) INSC 908 Judges: R.F. Nariman, J. and Navin Sinha, J. Can a creditor initiate insolvency proceedings for a debt that is time-barred under the Limitation Act? The Supreme Court of India addressed this critical question, clarifying the

Supreme Court clarifies the applicability of the Limitation Act to applications under Sections 7 and 9 of the Insolvency and Bankruptcy Code: B.K. Educational Services Private Limited vs. Parag Gupta and Associates (2018) INSC 908 (11 October 2018) Read Post »

Supreme Court Clarifies Limitation for Appeals under Companies Act: Bengal Chemists & Druggists Assn. vs. Kalyan Chowdhury (2018)

February 2, 2018 / Companies Act, 2013, Companies Act, 2013 with Section 421(3), Companies Act, 2013 with Section 433, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, Navin Sinha, R.F. Nariman

Supreme Court Clarifies Limitation for Appeals under Companies Act: Bengal Chemists & Druggists Assn. vs. Kalyan Chowdhury (2018) LEGAL ISSUE: Whether Section 5 of the Limitation Act, 1963 applies to appeals filed before the National Company Law Appellate Tribunal (NCLAT) under Section 421(3) of the Companies Act, 2013, after the expiry of the condonable delay

Supreme Court Clarifies Limitation for Appeals under Companies Act: Bengal Chemists & Druggists Assn. vs. Kalyan Chowdhury (2018) Read Post »