insolvency

Prajwal R, JSS Law College [Autonomous], Mysuru Dr. Jagadish A T, JSS Law College [Autonomous], Mysuru ABSTRACT The Insolvency and Bankruptcy Code (IBC), 2016 significantly reformed India’s insolvency framework by introducing a unified and time-bound mechanism for insolvency resolution. However, practical challenges such as delays before the National Company Law Tribunal (NCLT), excessive litigat…

Aashish Barman, Jindal Global Law School, O.P Jindal University, Sonipat, Haryana ABSTRACT The Insolvency and Bankruptcy Code, 2016 (IBC) enforces an insolvency framework applicable to personal guarantors of corporate debtors with disregard to their protections under the Indian Contract Act, 1872 (ICA), on account of the overriding provisions of Section 238 of the IBC. The framework’s constitutio…

Janki Agrawal, Jitendra Chauhan College of Law, Mumbai Citation: (2019) SCC Online SC 1542 Bench: Justice Rohinton Fali Nariman and Justice S. Ravindra Bhat Facts The judgment in Embassy Property Developments Private Limited. v. State of Karnataka (2019) arose at a crucial juncture in the development of India’s insolvency jurisprudence. The Insolvency and Bankruptcy Code, 2016 (IBC) had recently …

Amal Fatima, B.A. LL.B. (Hons.), Faculty of Law, Jamia Millia Islamia Asad Naushad Khan, B.A. LL.B. (Hons.), Faculty of Law, Jamia Millia Islamia ABSTRACT The winding up process is the last phase of a business's life cycle and the legal means by which a corporate entity dissolves following the settlement of its debts and the distribution of any remaining assets among its stakeholders. With the ad…

Lakshay Arora & Khushi Sharma, Christ (Deemed to be University) Delhi NCR ABSTRACT This paper examines whether a successful Corporate Insolvency Resolution Process (CIRP) resulting in a change of control creates a fresh consent or renewed notice obligation under India's Digital Personal Data Protection Act, 2023 (DPDP Act). Existing commentary has addressed the monetisation of data assets in …