IBC
24 articles tagged with "IBC".
Supreme Court's Triple Strike on IBC: Moratorium Limits, Writ Restrictions, and Limitation Clarity Reshape Insolvency Practice
The Most Significant Development: Supreme Court's IBC Jurisprudence Reset While SEBI's startup listing review and NCLT's procedural reforms deserve attention, the Supreme Court's recent trilogy of IBC rulings represents the most consequential develop...
Presumption of Guilt: SC’s Insider Trading Ruling Recalibrates SEBI Enforcement
The Death of the "Innocent Explanation" in Insider Trading Defense The Supreme Court’s decision in SEBI v. Rajeev Vasant Sheth (2026 SCC OnLine SC 1539) represents the most significant hardening of insider trading jurisprudence since the 2015 Regulat...
The Presumption Trap: Supreme Court Rewrites Insider Trading Defence in SEBI v. Rajeev Vasant Sheth
The Death of the "Innocent Trade" Defence? The Supreme Court's ruling in SEBI v. Rajeev Vasant Sheth has fundamentally altered the landscape of insider trading enforcement in India. By holding that Regulation 4(1) of the SEBI (Prohibition of Insider ...
The Supreme Court’s “Hijack” Rebuke and the Battle for NCLT’s Soul: Why Tribunal Independence is Now a Boardroom Issue
The Institutional Crisis Behind the Headlines The Supreme Court’s blunt observation in October 2026 that the Ministry of Corporate Affairs (MCA) has “completely hijacked” NCLT administration and staff appointments marks a watershed moment for Indian ...
"NCLT's Expanding Authority vs. Institutional Decay: The Supreme Court's 2026 Intervention"
The Institutional Paradox: Record Approvals Amid Administrative Collapse The National Company Law Tribunal finds itself at a curious crossroads in 2026. While the tribunal has delivered record numbers of resolution plan approvals—demonstrating its ca...
The Hijacked Tribunal: Supreme Court’s Stinging Rebuke of MCA’s Control Over NCLT Exposes India’s Insolvency Infrastructure Crisis
When the Watchdog Bites the Referee The Supreme Court’s late-October observation that the Ministry of Corporate Affairs has “completely hijacked” the administration of the National Company Law Tribunal is not merely another salvo in the long-running ...
The 2026 Amendment Bill and the Quiet Rewriting of Indian Corporate Law
The Real Story Is Not SEBI's Penalties — It Is the Legislative Reset Underway The headline-grabbers this quarter are easy enough to spot: SEBI's ₹1 crore penalty on CDSL for pledge-handling and cybersecurity lapses, and the reported ₹1.508 crore sett...
The Supreme Court's IBC Triple Strike: Limitation Clarity, Fraud-Proof CIRPs, and the End of Resolution Plan Regret
A Decisive Month for Insolvency Jurisprudence October 2026 has delivered a cluster of Supreme Court rulings that will materially alter how insolvency practitioners approach the IBC. Three decisions stand out — on limitation under Section 62, on the s...
The Supreme Court Is Rewriting the Rules of Insolvency Practice — And Corporate Lawyers Need to Pay Attention
A Month of Doctrinal Shifts at the Apex Court October 2026 has delivered what may be the most consequential cluster of insolvency law pronouncements since the IBC came into force. The Supreme Court has, in rapid succession, clarified — and in some ca...
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...
Supreme Court's Triple Strike on IBC Practice: Limitation, Fraud, and the Finality of CoC Wisdom
The Finality of Commercial Wisdom In a trilogy of rulings that will fundamentally alter how insolvency practitioners approach resolution strategies, the Supreme Court has drawn sharp lines around the IBC's procedural and substantive architecture. The...
Supreme Court's September Strike: Why the Writ Route Against NCLT Orders Just Became a Dead End
The Death of the "Strategic Writ" in IBC Litigation For years, the playbook was predictable. Aggrieved by an NCLT order—perhaps a refusal to admit a Section 7 application, or an adverse interim direction—counsel would dust off the constitutional reme...
The Supreme Court Just Made Insider Trading Prosecution Nearly Automatic — And Nobody Is Talking About It
The Possession Presumption Is Now Law In a ruling that should be on every securities litigator's desk, the Supreme Court in August 2026 settled one of the most contested questions under SEBI's Prohibition of Insider Trading Regulations, 2015. The Cou...
Supreme Court Tightens IBC Procedural Discipline: Limitation for Section 62 Appeals Runs from Pronouncement, Not Certified Copy
The Ruling In a significant procedural clarification that will reshape appellate practice under the Insolvency and Bankruptcy Code, 2016, the Supreme Court has held that the limitation period for filing an appeal under Section 62 of the IBC commences...
Fraudulent trigger, clean CIRP: the Supreme Court hardens the IBC’s finality bias while Parliament rewrites the Companies Act
The most important signal from this cycle: process failure does not necessarily kill insolvency The most consequential development in this batch is the Supreme Court’s reported holding that a Corporate Insolvency Resolution Process can continue even ...
A Fraudulent Petition, a Live CIRP: The Supreme Court's IBC Message and What It Means for Practice
The development that matters most Among this season's insolvency developments, the most consequential is the Supreme Court's reported holding that a CIRP can continue even if the insolvency plea that triggered it was fraudulent . Read with the other ...
The Jurisdictional Wall: Consumer Forums Are Not Civil Courts, But Civil Remedies Cannot Be Barred
The Boundaries of Consumer Jurisdiction Are Hardening—And That Is Good News for Civil Practitioners If the first half of 2026 has taught us anything, it is that the Indian consumer fora are finally growing teeth—not to bite every grievance that walks...
Supreme Court's Section 14 Moratorium Ruling: A Reality Check for Insolvency Practitioners
The Moratorium Isn't a Blanket Immunity The Supreme Court's August 2026 ruling that the Section 14 IBC moratorium operates only against the corporate debtor—and cannot be automatically extended to promoters, directors, or landowners—is a much-needed ...
NCLAT's Demat Defrost: The IBC Just Ate Securities Law (And Why Your Insolvency Practice Will Never Be the Same)
The Jurisdictional Coup Nobody Saw Coming In a pair of rulings that should have every securities lawyer reaching for their casebooks, the National Company Law Appellate Tribunal (NCLAT) has effectively declared that when the Insolvency and Bankruptcy...
The Moratorium Stops at the Corporate Debtor’s Door: Supreme Court Draws a Hard Line on Section 14 IBC
Section 14 Protects the Debtor, Not Its Promoters The Supreme Court has settled a question that has lingered in insolvency practice for years: the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 operates against the corporate ...
SEBI's Demat Freeze Gambit Signals a New Era of Coercive Compliance — And Promoters Should Be Worried
SEBI's Graduated Enforcement: From Disclosure to Demat Freeze The Securities and Exchange Board of India has proposed what may be its most intrusive compliance mechanism yet — empowering stock exchanges to alert depositories to freeze promoters' dema...
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...
Fraud Unravels Everything? Not Under the IBC: How the Supreme Court Upended Insolvency Jurisprudence in 2026
The Death of an Age-Old Maxim in Corporate Insolvency For decades, Indian civil litigators have relied on a foundational legal maxim: Fraus et jus nunquam cohabitant —fraud and justice never dwell together. The established common law position, cement...
The Unstoppable CIRP: Supreme Court Rules Fraudulent Petitions Won’t Derail Ongoing Insolvency, Strips Promoters of Moratorium Cover
The Unstoppable CIRP: Why the Supreme Court is Prioritizing the "Collective" Over the "Clean Hands" Doctrine For corporate litigators defending distressed companies, the playbook has long included a standard, aggressive opening move: attack the credi...
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