The timeline given under Sec. 9 of the code lays down the time period for the National Company Law Tribunal to give the order after the application is filed with them. This time period is of fourteen days. Within these fourteen days the tribunal after satisfying that the application is filed as per the conditions laid down under the Code, can appoint the interim resolution professional to carry out the insolvency proceedings as per the rules laid down under the code.
This research article is an in-depth study of the concept of deemed deduction and Section 80M of Income Tax Act 1961. This article discusses the relation of Section 80M and Section 115-O(1A) of the Income Tax Act, 1961.
This article discusses in detail the Changes Made in Insolvency and Bankruptcy Code, 2016 to ease the liabilities of debtors during the pandemics. This article also discusses the Insolvency and Bankruptcy Amendment Act 2020.
This article discusses in detail the measures and additional measures that an efficient managerial chief through good corporate governance can take to ease the crisis during pandemic. This article also discusses the relationship Of Corporate Governance and Board of Directors of the Company.
This article discusses in detail the Enrollment and Registration of Insolvency Professional, his functions and duties under Part IV of the Insolvency and Bankruptcy Code 2016. This article also discusses the landmark cases and amendments of the Insolvency and Bankruptcy Code 2016.
The Hon’ble Supreme Court held that one of the main objectives of enactment of the Insolvency and Bankruptcy Code 2016 was to finish the legal proceedings in a time bound manner. Hence holding this objective, the court held that if there is any delay in the filing of the appeal or filing of the application under the provisions of the code, then in that case the adjudicating authority shall not accept the application and reject the same.
As in the present case, the court protected the rights of the operational debtor by using literal approach towards the provision of section 9 of the Code. Also, to not to deprive the Advocates from practice of their profession, the Court held that depriving them for such practice will attract the violation of Article 19 of the Constitution of India.
This article discusses the meaning of merger, acquisition and amalgamation of business entities and thereafter also discusses in detail the effect of amendments of the provisions of Indian Stamp Act on them.
This research article studies various amendments that took place time to time, the reason why such amendments has been made to the Insolvency and Bankruptcy Code (IBC) and the effect of such amendments on the laws incorporated under the Act.
This article studies the functions of resolution professional, adjudicating authority, board, creditors, and debtors. The appointment and the replacement of the resolution professional is also discussed in this article.
This article discusses in detail the meaning, functions, and role of bankruptcy trustee under the Insolvency and Bankruptcy Code (IBC). This article also discusses the duties and restrictions on a bankruptcy trustee.
When the moratorium period is imposed then in such case certain activities as prescribed under the Act has been kept on stay i.e., during this time the corporate debtor shall not initiate the arbitration proceeding. In other words, that when the imposition of moratorium takes place then during that time the corporate debtor will not be allowed to invoke the provisions of remedy available under various different provisions.