Insolvency and Bankruptcy Code, 2016 with Section 53

Supreme Court Upholds State’s Secured Creditor Status under GVAT Act in IBC Proceedings: Sanjay Kumar Agarwal vs. State Tax Officer (2023) INSC 963 (31 October 2023)

/ Code of Civil Procedure, Code of Civil Procedure with Order XLVII Rule 1, Gujarat Value Added Tax Act, 2003, Gujarat Value Added Tax Act, 2003 with Section 48, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 3(30), Insolvency and Bankruptcy Code, 2016 with Section 53, Review Petition, Secured Creditor

Supreme Court Upholds State’s Secured Creditor Status under GVAT Act in IBC Proceedings: Sanjay Kumar Agarwal vs. State Tax Officer (2023) INSC 963 (31 October 2023) Date of the Judgment: 31 October 2023 Citation: (2023) INSC 963 Judges: A.S. Bopanna, J. and Bela M. Trivedi, J. Can a State’s claim under the Gujarat Value Added […]

Supreme Court Upholds State’s Secured Creditor Status under GVAT Act in IBC Proceedings: Sanjay Kumar Agarwal vs. State Tax Officer (2023) INSC 963 (31 October 2023) Read Post »

Supreme Court Clarifies Priority of Electricity Dues in Insolvency: Paschimanchal Vidyut Vitran Nigam Ltd. vs. Raman Ispat Pvt. Ltd. (2023)

/ Electricity Act, 2003, Electricity Act, 2003 with Section 173, Electricity Act, 2003 with Section 174, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Insolvency and Bankruptcy Code, 2016 with Section 53, Liquidation Process

Supreme Court Clarifies Priority of Electricity Dues in Insolvency: Paschimanchal Vidyut Vitran Nigam Ltd. vs. Raman Ispat Pvt. Ltd. (2023) Date of the Judgment: July 17, 2023 Citation: 2023 INSC 625 Judges: S. Ravindra Bhat, J, Dipankar Datta, J. Can electricity dues be treated as secured debts, and if so, what is their priority in

Supreme Court Clarifies Priority of Electricity Dues in Insolvency: Paschimanchal Vidyut Vitran Nigam Ltd. vs. Raman Ispat Pvt. Ltd. (2023) Read Post »

Supreme Court Clarifies Rights of Secured Creditors with Pledged Shares in Insolvency Cases: Vistra ITCL vs. Dinkar Venkatasubramanian (2023)

/ Financial Creditor, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 172, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 52, Insolvency and Bankruptcy Code, 2016 with Section 53, Judges, M. R. Shah, Pledge, Sanjiv Khanna

Supreme Court Clarifies Rights of Secured Creditors with Pledged Shares in Insolvency Cases LEGAL ISSUE: Whether a secured creditor holding pledged shares of a corporate debtor can be considered a financial creditor or operational creditor under the Insolvency and Bankruptcy Code, 2016 (IBC), and how their interests should be protected in a resolution plan. CASE

Supreme Court Clarifies Rights of Secured Creditors with Pledged Shares in Insolvency Cases: Vistra ITCL vs. Dinkar Venkatasubramanian (2023) Read Post »

Supreme Court Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation (2 May 2023)

/ Companies Act, 2013, Companies Act, 2013 with Section 327, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 53, Judges, Liquidation Process, M.R. Shah, Sanjiv Khanna, Winding Up Provisions

Supreme Court Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation LEGAL ISSUE: Validity of Section 327(7) of the Companies Act, 2013 and the waterfall mechanism under Section 53 of the Insolvency and Bankruptcy Code, 2016 concerning workmen’s dues. CASE TYPE: Insolvency and Bankruptcy Law Case Name: Moser Baer Karamchari Union Thr. President Mahesh Chand

Supreme Court Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation (2 May 2023) Read Post »

Supreme Court Clarifies Status of State Tax Dues under IBC: State Tax Officer vs. Rainbow Papers Limited (2022)

/ A.S. Bopanna, Corporate Insolvency Resolution Process, Gujarat Value Added Tax Act, 2003, Gujarat Value Added Tax Act, 2003 with Section 48, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 30, Insolvency and Bankruptcy Code, 2016 with Section 53, Judges

Supreme Court Clarifies Status of State Tax Dues under IBC: State Tax Officer vs. Rainbow Papers Limited (2022) LEGAL ISSUE: Whether the State Tax Department can claim first charge over the property of a Corporate Debtor under the Gujarat Value Added Tax Act, 2003, despite the provisions of the Insolvency and Bankruptcy Code, 2016. CASE

Supreme Court Clarifies Status of State Tax Dues under IBC: State Tax Officer vs. Rainbow Papers Limited (2022) Read Post »

Supreme Court Orders Completion of Amrapali Group Projects, Protecting Homebuyers: Bikram Chatterji & Ors. vs. Union of India & Ors. (2019)

/ Arun Mishra, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 32, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 12(1)(c), Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 53, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 11(4), Real Estate (Regulation and Development) Act, 2016 with Section 4(2)(l)(D), Real Estate (Regulation and Development) Act, 2016 with Section 8, Uday Umesh Lalit

Amrapali Group Homebuyers Win Relief: Supreme Court Orders Project Completion LEGAL ISSUE: Protection of homebuyers’ rights and completion of stalled real estate projects. CASE TYPE: Real Estate/Consumer Law. Case Name: Bikram Chatterji & Ors. vs. Union of India & Ors. [Judgment Date]: 23 July 2019 Date of the Judgment: 23 July 2019 Citation: Not Available

Supreme Court Orders Completion of Amrapali Group Projects, Protecting Homebuyers: Bikram Chatterji & Ors. vs. Union of India & Ors. (2019) Read Post »

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