Benami Act
13 articles tagged with "Benami Act".
Supreme Court Fortifies IBC: Finality of Resolution Plans and the End of the "Article 226 Detour"
The Supreme Court’s 2026 IBC Jurisprudence: Certainty Over Convenience The Supreme Court has delivered a decisive blow to procedural opportunism in corporate insolvency, establishing two interlocking principles that will fundamentally alter how pract...
The Writ Route Is Dead: Why the Supreme Court’s IBC Discipline and NCLT’s Record Quarter Mark a Turning Point for Indian Insolvency Practice
The Supreme Court Draws a Hard Line on IBC Appeals The most consequential development for insolvency practitioners in recent months is not a new amendment or a regulatory circular—it is the Supreme Court’s unequivocal reinforcement that Section 61 of...
The Supreme Court Rings the Bell on NCLT Overreach: Section 14 Limits, Benami Attachments, and the End of the Writ Bypass
For the past few years, the Indian corporate insolvency landscape has been suffering from a severe case of jurisdictional bloat. Litigants have treated the National Company Law Tribunal (NCLT) as a one-stop-shop for all corporate ailments, and the In...
The 2026 IBC Paradox: Supreme Court Purism Meets NCLT's Infrastructural Collapse
A Tale of Two Realities in Corporate Insolvency If you are practicing before the National Company Law Tribunal (NCLT) in the final quarter of 2026, you are currently living in two parallel universes. In the rarefied air of the Supreme Court, the Inso...
Supreme Court Slams the Brakes on IBC Forum Shopping: Why Promoters and Writ Petitioners Need a New Playbook
While the mainstream financial press has its eyes glued to SEBI’s recent ₹14.82 million disclosure settlement with the Adani Group, the real earthquake for everyday corporate practitioners is happening in the corridors of the Supreme Court and the Na...
The Shrinking Shield: Supreme Court Redraws IBC Boundaries While SEBI Opts for the Settlement Route
The End of the Article 226 Bypass For years, a standard tactical playbook for corporate debtors facing an adverse National Company Law Tribunal (NCLT) order—particularly liquidation—has been to sprint to the nearest High Court with an Article 226 wri...
The Promoter's Shield: SEBI’s Pocket-Change Settlements vs. The Supreme Court's IBC Crackdown
A Tale of Two Regimes: Leniency in Securities, Strictness in Insolvency For Indian corporate lawyers, late September 2026 has offered a stark masterclass in the dichotomy of Indian regulatory and judicial frameworks. On one hand, we have a securities...
The Supreme Court Closes the IBC Loopholes: Promoters and Guarantors Can No Longer Hide Behind the Corporate Debtor
For years, the Corporate Insolvency Resolution Process (CIRP) has been treated by clever promoters as a dual-purpose shield. Push the company into insolvency, trigger the moratorium, and suddenly, the promoters, directors, and third-party guarantors ...
The Supreme Court Trims IBC Fat While NCLT Gasps for Breath: Corporate Law’s 2026 Reality Check
For corporate litigators, 2026 is shaping up to be a year of stark contradictions. On one hand, the Supreme Court is delivering razor-sharp jurisprudence, systematically trimming the jurisdictional overreach of the National Company Law Tribunal (NCLT...
The Death of the 11th-Hour Settlement: How the Supreme Court and 2026 IBC Amendments are Trapping Corporate Debtors
The End of Procedural Gaming in Insolvency For the better part of a decade, Indian insolvency practice has been defined by a familiar, cynical playbook: let the Corporate Insolvency Resolution Process (CIRP) commence, drag the creditors through the m...
Boundary Lines and Bottlenecks: Supreme Court Clamps Down on IBC Jurisdictional Creep and NCLT Delays
For insolvency practitioners, 2026 is shaping up to be the year of hard boundaries. The Supreme Court has spent the last few months aggressively pruning the jurisdictional overreach that has crept into India’s insolvency regime, while simultaneously ...
The End of the IBC Shield: Supreme Court Strips Promoters of Section 14 Protection and Curbs NCLT Overreach
For the better part of the last decade, corporate promoters in India have operated under a poorly kept secret: if the walls are closing in, let the company slip into insolvency. The resulting moratorium under Section 14 of the Insolvency and Bankrupt...
Supreme Court Upholds Benami Attachments During IBC Moratorium
The Supreme Court held that Benami Act attachments are not automatically barred by the IBC moratorium, but their exercise must respect insolvency objectives and may be stayed where they prejudice resolution.
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