Section 138 of the Negotiable Instruments Act, 1881 creates a statutory offence in the matter of dishonour of cheques on the ground of insufficiency of funds in the account maintained by a person with the banker. Objective The objective of the act is to define the various negotiable instruments such a, promissory notes, bills of...
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With a view to simplify and expedite the process of registration of trademarks in India, Government of India took forth the initiative to draft a new set of rules that are in alignment with the objective of fastening the procedure of trademark filing while decreasing red-tapism and delays . A notification regarding the draft rules...
The Insolvency and Bankruptcy Code, 2016 (IBC) was passed by the Parliament on 11th May 2016, received Presidential assent on 28th May 2016 and was notified in the official gazette on the same day. It is one of the most comprehensive futuristic consolidated pieces of legislation introduced by the Government lately aimed at covering the...
Employee’s Compensation (Amendment) Act 2017 has been introduced with effect from 15th May, 2017. Major changes in the Employee’s Compensation (Amendment) Act 2016 are as follows: Every employer shall immediately at the time of employment of an employee, inform theè employee of his rights to compensation under this Act, in writing as well as...
NCLAT quashes insolvency order, declares actions of Interim Resolution Professional (IRP) as illegal
The National Company Law Appellate Tribunal (NCLAT) in the case of Mobme Wireless Solutions Ltd. (MWSL) vs Bhash Software Labs Pvt Ltd (BSLPL) declared all actions taken by the Interim Resolution Professional (IRP) to be illegal. The act was declared illegal pursuant to NCLAT setting aside the order passed by Chennai bench of the NCLT...
India’s dedicated bankruptcy court has admitted a loan default case against a corporate guarantor, sending a stern message to companies that pledging guarantees on behalf of a borrower is not a mere formality. “Corporate guarantee is no more to be presumed as a comfort undertaking as it leads to definite monetary obligations dragging the corporate...
It is interesting to note that in India, wherever provisions have been made for criminal prosecution for violation of any Intellectual Property Rights, a criminal case can be filed against known as well as unknown persons. It is also important to note that both civil and criminal remedies, wherever applicable, can be availed simultaneously and...
The Insolvency and Bankruptcy Code (Code) still remains the crucial legislation wherein the industry as well as the law fraternity is still anticipating clarifications on the numerous issues. The moot question of the secured creditors which is repeatedly being posed is whether after the introduction of the Code the security of personal or corporate guarantee...
Over the Period of time, the Insolvency and Bankruptcy Code, 2016(Code), has largely been settled for the questions related to admission of any CIRP application; however there are requirement for clarifications on the post-admission stage procedure of the Code. One of the debated matters in the Code is the stipulatedtime limit for concluding the Corporate...
Stressed Asset in simple words, can be understood as the loan that has not been repaid to the lenders by the borrower in a stipulated period of time. It is a bad debt that is a sum of NPA (Non-Performing Asset), Restructured Loans and Written-off assets. The Reserve Bank of India had issued various...