Supreme Court

‘Auditors Cannot Resign If Fraud Case Filed Against Their Company’: SC Upholds Constitutional Validity Of Section 140(5)

The Supreme Court on Wednesday stated that auditors cannot escape being probed or resign if a fraudulent case filed against their companies. The observation was made by the apex court that overturned... Read more »

SC Seeks Tyre Companies Response In CCI Appeal Against NCLAT Order For Review Of Cartelisation Finding

The Supreme Court recently sought the response of five tyre manufacturing companies in an appeal filed by the Competition Commission of India (CCI) against a National Company Law Appellate Tribunal (NCLAT) order... Read more »
साकेत कोर्ट

Delhi HC Orders BSNL To Initiate Probe to Find out criminal conspiracy between ZTE & BSNL

he Delhi High Court on Friday ordered BSNL to initiate department investigation related to the alleging of a criminal conspiracy between BSNL and ZTE officials, for which the CBI found no evidence.A... Read more »
Supreme court

Supreme Court Dismisses Sabarmati Gas Limited Plea as There Existed a ‘Pre-Existing Dispute’

The Supreme Court has dismisses the petition of Sabarmati Gas limited against Shah Alloys Limited. Supreme Court observed and found  that appeal is liable to be dismissed as there existed a ‘pre-existing... Read more »
Section 139 NI Act, Company Law

Supreme Court: NI Act Includes A Legally Enforceable Debt Or Liability

The Supreme Court in the case Jain P. Jose vs Santhosh observed and has reiterated that the presumption under Section 139 of Negotiable Instruments Act, 1881 includes a presumption that there exists... Read more »


A portfolio manager is a body corporate who pursuant to a contract or arrangement with a client, advises, directs or undertakes on behalf of the client (whether as a discretionary portfolio manager),... Read more »

Reconstitution of NCLT benches

The benches of the National Company Law Tribunal (NCLT) have been reconstituted witheffect from 1 December 2020. The benches shall hear matters of respective jurisdiction aswere hearing before location (before 23 March... Read more »

Limitation under Insolvency & Bankruptcy Code: A tale of two judgements?

“…It was the best of times, it was the worst of times….” (Charles Dickens, a Tale of Two Cities, 1859) The Insolvency & Bankruptcy Code (IBC) was projected and portrayed as a... Read more »

Independence of Independent Director

The genesis of the institution of Independent Director should be viewed from the ownership of the company vis-àvis management. Board of Directors is an integral part of the company. In layman’s language,... Read more »

Evaluating Covid-related amendments to insolvency law

All four measures, particularly the introduction of Section 10A, are likely to have significant implications and impact on the resolution of corporate distress going forward. Read more »