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  • Article

    Closing The Interim Stay Trap: How The 2026 IBC Amendment Has Rebalanced Personal Guarantor Risk

    The 2026 IBC amendments have fundamentally altered the dynamics of personal guarantor insolvency proceedings by eliminating automatic interim stays. What was once a powerful tool for promoters to halt recovery actions through a simple filing now requires substantive judicial scrutiny, shifting the balance of power back toward creditors and forcing lenders to reassess their enforcement strategies across multiple forums.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Agama Law Associates
    Agama Law Associates
  • Article

    Celir LLP vs Bafna Motors(Mumbai) Pvt. Ltd.& Ors.

    On 21st September, 2023, the Hon'ble Supreme Court reiterated that the High Court cannot exercise its writ jurisdiction under Article 226 of the Constitution more particularly when alternative remedy...
    IndiaFinance and Banking
    Royzz & Co
    Royzz & Co
  • Article

    Overview Of Faiyaz Husain Khan v. Munshi Prag Narain

    The present matter of Faiyaz Husain Khan v. Munshi Prag Narainemanated as an appeal before the Privy Council from the decree passed by the Court of the Judicial Commissioners of Oudh.
    IndiaLitigation, Mediation & Arbitration
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Secured NCD's Under Companies Act , 2013

    A debenture is an instrument of debt executed by the company acknowledging its obligation to repay the sum at a specified rate and also carrying an interest.
    IndiaCorporate/Commercial Law
    S&A Law Offices
    S&A Law Offices
  • Article

    Resolution Professional’s Statutory Mandate Trumps Arbitral Award Execution: The NCLT Chandigarh Perspective On Asset Control During CIRP

    The intersection of arbitration law and insolvency legislation has consistently presented complex jurisdictional and substantive challenges for Indian courts and tribunals.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    New 2020 Stamp Duty For Debentures – Does It Cut The Clutter?

    This article summarises the impact of the Amendments to Stamp Act on the debenture market in India.
    IndiaCorporate/Commercial Law
    ZBA
    ZBA
  • Article

    SEBI’s 2026 Mutual Fund Regulations Overhaul: Lower TERs, Performance Fees And Governance Expectations For AMCs

    The Mutual Funds Regulations 2026 of SEBI together with the new expense ratio framework will establish new methods for Indian mutual funds to charge investors and disclose their expenses...
    IndiaFinance and Banking
    Legitpro Law
    Legitpro Law
  • Article

    Supreme Court Settles The Conflict On The Right Of Redemption Of Mortgaged Property Under The SARFAESI Act

    A two-judge bench of the Supreme Court of India, comprising of Chief Justice D.Y. Chandrachud and Justice J. B. Pardiwala...
    IndiaLitigation, Mediation & Arbitration
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Buyer’s Charge Under Section 55(6)(b) Transfer Of Property Act, 1882 In IBC Liquidation Proceedings

    The significance of the Tribunal’s view lies in its recognition that a charge need not always arise from a contractual security document or formal registration. A charge may also arise by operation of law, and where the statute itself creates such charge, the absence of registration in repositories cannot defeat the underlying substantive right.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dentons
    Dentons
  • Article

    HSA | Corporate & Commercial Monthly Newsletter | February 2024

    Union Finance Minister Nirmala Sitharaman (FM) tabled the interim Union Budget for Financial Year 2024-25 before the Parliament on February 01, 2024.
    IndiaCorporate/Commercial Law
    HSA Advocates
    HSA Advocates
  • Article

    HSA | Dispute Resolution & Arbitration Monthly Update | March 2025

    The Supreme Court's judgment in the case, The Cosmos Co. Operative Bank vs. Central Bank of India & Ors, highlights important legal principles about the different kinds of mortgages in Indian Law.
    IndiaLitigation, Mediation & Arbitration
    HSA Advocates
    HSA Advocates
  • Article

    PTC - Diversify Your Risk And Manage Your ALM / CRAR

    Pass-through Certificate (PTC) represents an undivided interest in a pool of underlying assets, like mortgages, loans, property, equity shares, etc.
    IndiaFinance and Banking
    Coinmen Consultants LLP
    Coinmen Consultants LLP
  • Article

    RBI Liberalized Norms For Overseas Direct Investments

    The step has been taken in order to grant more flexibility to the Indian party.
    IndiaFinance and Banking
    S&A Law Offices
    S&A Law Offices
  • Article

    AKP Corporate & Compliance Digest August 11, 2025

    The Government of Maharashtra, vide notification dated August 04, 2025, has released the details of minimum wages applicable to employees working in Shops and Commercial Establishments...
    IndiaEmployment and HR
    AK & Partners
    AK & Partners
  • Article

    RERA's Iron Grip Strengthened: Courts Redefine Allottee Rights In Mortgages, Leases & Insolvency

    The Real Estate (Regulation and Development) Act, 2016 (RERA), was enacted as a broad safeguard for India's purchasers, a group of consumers that has historically been exposed to the opaque and unaccountable...
    IndiaReal Estate and Construction
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Ministry Of Corporate Affairs: Commencement Notification Dated 07 May 2018.

    The Ministry of Corporate Affairs vide its notification dated 7 May 2018 has notified following sections effective from 7 May 2018.
    IndiaCorporate/Commercial Law
    NovoJuris Legal
    NovoJuris Legal
  • Article

    Disclosure Duplication a Waste of Time and Money

    The philosophy of disclosure in the securities markets is premised on the idea that securities represent a bundle of rights that are not visible to a potential buyer of securities and that the buyer must know the nature of the bundle of rights before investing. Disclosure also reduces the possibility of wrongdoing. Even if a disclosure is not read by anyone, the fact that something needs to be disclosed will provide a good prophylactic against wrongdoing. The idiom that sunlight is the best disi
    IndiaCorporate/Commercial Law
    P H Parekh & Co.
    P H Parekh & Co.
  • Article

    Unlocking New Frontiers: Canara Bank's Landmark Battle For Financial Creditor Status

    The Canara Bank v. Vivek Kumar (Resolution Professional of AVJ Developers India Pvt. Ltd.)1 is a significant recent ruling that clarifies the status of banks in real estate insolvencies.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    MZM Legal, Advocates & Legal Consultants
    MZM Legal, Advocates & Legal Consultants
  • Article

    Allahabad High Court On Stamp Duty On Debt Assignment

    Assignment of debt is one of the most common forms of transactions in financial markets. It essentially entails transfer of a debt from a creditor (assignor) to a third-party (assignee).
    IndiaFinance and Banking
    Argus Partners
    Argus Partners
  • Article

    Corporate & Commercial Monthly Newsletter | February 2022

    On January 24, 2022, SEBI amended SEBI (Alternative Investment Funds) Regulations, 2012 (AIF Regulations) to introduce Special Situation Funds (SSF) as a sub-category under Category I Alternative...
    IndiaCorporate/Commercial Law
    HSA Advocates
    HSA Advocates

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