IBC
IBBI Reg. 34 – Payment of fees to RP
Insolvency and Bankruptcy Board of India , Regulation 34 - Payments of costs and expenses incurred by the Resolution Professional...
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IBC S. 7 – Limitation
IBC, Section 7 - When an Application under Section 7 cannot be entertained for a debt, which is barred by...
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IBC, Section 18, 60 – Resolution Pro-fessional does not enjoy the adjudicatory functions
IBC, Section 18, 60 - Resolution Professional does not enjoy the adjudicatory functions - As per Section 18 of the...
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IBC S. 97 – Adjudicating Authority was not required at the stage when report was still to be filed by the Resolution Professional to record a finding regarding default
Insolvency and Banking Code , 2016 S. 97 - Adjudicating Authority was not required at the stage when report was...
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IBC S. 60(5) – Jurisdiction
Insolvency and Banking Code , 2016 S. 60(5) - Jurisdiction - Whether the Adjudicating Authority has jurisdiction to pass the...
Read moreIBC S. 14(1) – Bank guarantee can be invoked during the moratorium declared under Section 14(1)
IBC, 2016 S. 14(1) - Whether the bank guarantee in question can be invoked during the moratorium declared under Section...
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IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor
For the period of moratorium, since no Section 138/141 proceeding can continue or be initiated against the corporate debtor because...
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IBC S. 14 – Offence under the Prevention of Money-Laundering Act could not be covered under Section 14(1)(a), IBC
Offence under the Prevention of Money-Laundering Act could not be covered under Section 14(1)(a), IBC “139. From the above discussion,...
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IBC – Contrasts between Section 14 with Sections 96 and 101
Contrasts between Section 14 with Sections 96 and 101 from the point of view of a guarantor to a debt,...
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IBC S. 14 – Object of
Swiss Ribbons (P) Ltd. v. Union of India, (2019) 4 SCC 17 states the raison d’être for Section 14 in...
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IBC – Is 90 day period under CIRP Regulation 12(2) for filing claim directory
Whether the 90 day period under CIRP Regulation 12(2) a mandatory timeline for filing claim which had to be adhered...
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IBC – Application of the force majeure clause would require an incisive judicial enquiry not possible in a summary proceeding
Detailed appraisal of the terms and conditions of the lease and their ramifications including application of the force majeure clause...
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