416 results found

The dishonour of cheques has long posed significant challenges in commercial transactions, raising questions of both civil and criminal liability.

The primary objective of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI ACT), as deduced from its Preamble, is to promote the financial health of banks...

This newsletter covers key updates about developments in insolvency law during the month of December 2021.

印度对破产法进行修订对中国企业债务催收产生较大影响

This article explores the different facets of reclaiming property from a secured creditor by the borrower at a belated stage, particularly post auction.

Over the last decade, projects which aim to promote sustainable development by adopting alternative means of achieving a goal without hampering the environment (Green Projects) have gained a lot of popularity.

When a bank sells a stressed loan to an asset reconstruction company (ARC), the borrower's security cheques, and any cheque-bounce prosecution already filed on them, have often been treated as loose ends. Borrowers and promoters have argued that a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) is a criminal proceeding personal to the bank that received the cheque, and that it cannot be handed over with the loan. On 4 November 2026, the Supreme Court declined to accept that argument.

The Hon'ble Supreme Court ("SC") has in its judgment dated April 15, 2021, in the matter of Asset Reconstruction Company (India) Limited v. Bishal Jaiswal & Another [Civil Appeal No.323/2021], held that entries in balance sheets ...

The Bench also used the opportunity to remind litigants, once again, that the NCLT and NCLAT exist to run the insolvency process, not to referee contractual disputes, and that the Code cannot be stretched to recover ordinary dues or to breathe life into a claim that limitation has already killed.

A critical issue that has arisen in recent jurisprudence is whether, and to what extent, the NCLT can examine allegations of fraud in the insolvency process. While the IBC aims at swift resolution, the presence of fraudulent intent in initiating or conducting insolvency proceedings challenges this efficiency

The Prudential Framework provides for recognising incipient stress in loan accounts and a principle-based resolution framework for addressing such defaults in a normal scenario.

The Securities and Exchange Board of India ("SEBI") by way of circular dated 05.02.2026 ("Pledge Circular")1 , has introduced enhanced compliance requirements in the framework for creation and invocation...

The Hon’ble Supreme Court of India, in Dineshchand Surana v UCO Bank, 2026 INSC 579 acting through a Bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan, examined the interplay between the moratorium provisions under Part III of the Insolvency and Bankruptcy Code, 2016 and proceedings for dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881.

The Hon'ble Supreme Court of India ("Supreme Court") in Global Credit Capital Limited & Anr Vs SACH Marketing Pvt. Ltd & Anr, has established...

Through the judgment dated 11th November 2022, the Hon'ble Delhi High Court in the case of Rajiv Chakraborty v. Directorate of Enforcement observed that the Directorate of Enforcement under the Prevention of Money Laundering Act, 2002 ...

The Securities and Exchange Board of India (SEBI) in its board meeting dated 30 April 2024 (SEBI Board Meeting), approved various proposals to amend the SEBI (Issue and Listing of Non-Convertible Securities) Regulations...

In this article, which is part II of the series "Debt versus Damages- Why Bother?", we seek to examine damages under Indian Contract Act, distinction between unliquidated and liquidated damages under ICA and ...

Section 17(1) of the Recovery of Debts and Bankruptcy Act, 1993 ("RDB Act"), confers the Debt Recovery Tribunal ("DRT") with exclusive jurisdiction, power and authority to entertain and adjudicate applications...