Section 238
24 articles tagged with "Section 238".
The IBC's Shrinking Shield and Expanding Sword: Supreme Court Halts Promoter Immunity While NCLT Bulldozes SEBI
The Changing Anatomy of Corporate Insolvency in 2026 Ten years since the Insolvency and Bankruptcy Code (IBC) reshaped Indian corporate law, the jurisprudence is finally moving past infancy and into a complex adolescence. The latest slew of rulings f...
The IBC Boundary Wars: Supreme Court Strips Promoter Shields While NCLAT Bulldozes SEBI
The End of the Promoter's Free Ride If 2026 has taught Indian corporate lawyers anything, it is that the Insolvency and Bankruptcy Code (IBC) is undergoing a fierce jurisdictional recalibration. For years, the IBC has been treated by promoters as a d...
The End of the Promoter Shield: Supreme Court and NCLAT Redraw the Boundaries of IBC Moratoriums and Regulator Turf
The IBC is Done Playing Nice If there is a singular theme defining the corporate insolvency jurisprudence of mid-2026, it is this: the Insolvency and Bankruptcy Code (IBC) is aggressively shedding its ambiguities, stripping away promoter defenses, an...
The IBC’s 2026 Reckoning: Supreme Court Calls Out MSME Blindspots While Promoters Lose Their Section 14 Shield
If the first half of 2026 in Indian corporate insolvency has taught us anything, it is that the Insolvency and Bankruptcy Code (IBC) is undergoing a brutal, necessary mid-life crisis. The appellate courts and the legislature are simultaneously trying...
The 2026 IBC Overhaul: Crushing SEBI’s Overreach and the Death of Dilatory Defenses
Indian corporate insolvency is undergoing a violent and entirely necessary course correction in 2026. For the past few years, practicing lawyers have watched the Insolvency and Bankruptcy Code (IBC) lose its aggressive edge. Between regulatory turf w...
The IBC Juggernaut of 2026: Mandatory Admissions, SEBI Overrides, and the Death of Debtor Delay Tactics
For corporate litigators, 2026 is rapidly shaping up to be the year the Insolvency and Bankruptcy Code (IBC) stopped asking politely. A sweeping legislative overhaul via the Insolvency and Bankruptcy Code (Amendment) Act, 2026 , coupled with unabashe...
The Out-of-Court IBC Era: Bypassing the NCLT, Defeating SEBI, and What the 2026 Shift Means for Your Practice
As the Insolvency and Bankruptcy Code (IBC) crosses its ten-year milestone in 2026, the numbers speak for themselves: over Rs 4 lakh crore realized and a staggering 30,000 cases settled at the pre-admission stage. But for practicing corporate lawyers...
SEBI vs. IBC: Why the Supreme Court’s July 2026 Verdict Will Redefine Jurisdictional Supremacy in Corporate Insolvency
The Brewing Storm: When Regulators Collide For insolvency practitioners, the intersection of the Insolvency and Bankruptcy Code (IBC) and the Securities and Exchange Board of India (SEBI) Act has always been a jurisdictional minefield. But in 2026, t...
The Death of Vidarbha and the Supremacy of Section 238: Why the IBC is Eating Other Regulators Alive
The Return to Innoventive : The 2026 Amendment Act Kills Discretion For corporate litigators, the last few years under Section 7 of the Insolvency and Bankruptcy Code (IBC) have been an exercise in creative storytelling. Ever since the Supreme Court’...
The Great Regulatory Turf War: Why Section 238 IBC is Decimating SEBI's Jurisdiction (And What It Means for Your Practice)
The Bulldozer Statute: IBC's Expanding Footprint in 2026 Welcome to the 2026 corporate litigation landscape, where the Insolvency and Bankruptcy Code (IBC) isn't just a statute—it is a jurisdictional bulldozer. If your practice involves representing ...
Turf War at the Apex Court: Why the SEBI vs. IBC Showdown Will Redefine Insolvency Practice
The Impending Collision: Section 238 vs. Regulatory Might For insolvency practitioners, the intersection of regulatory enforcement and the corporate insolvency resolution process (CIRP) has long been a jurisdictional minefield. But as we head into Ju...
The Death of Discretion: IBC Amendment Act 2026 Finally Buries 'Vidarbha' as Tribunals Draw Hard Lines on Jurisdiction
The Corrective Pivot Indian Insolvency Desperately Needed Parliament has finally stepped in where the judiciary stumbled. With the Insolvency and Bankruptcy Code (Amendment) Act, 2026 receiving Presidential assent, the landscape of corporate insolven...
The Apex Predator: How NCLAT's 2026 Rulings Cement IBC's Absolute Supremacy Over SEBI and NCLT's "Equity" Adventures
The Turf War is Over, and Section 238 Has Won For corporate insolvency practitioners, 2026 has brought absolute clarity on a lingering jurisdictional headache: what happens when the Insolvency and Bankruptcy Code (IBC) collides with the Securities an...
The IBC’s Non-Obstante Muscle: NCLAT Thaws SEBI-Frozen Demat Accounts, While the Supreme Court Sets a Procedural Trap for Litigators
The Endless Turf War: IBC vs. SEBI The Insolvency and Bankruptcy Code (IBC) was designed to be the apex predator of Indian corporate law, but regulatory turf wars have constantly tested its bite. In a highly significant development for insolvency pra...
Piercing the Veil and Procedural Traps: How the Supreme Court and NCLAT are Rewriting IBC Practice in May 2026
The IBC’s Expanding Substantive Reach and Shrinking Procedural Leeway May 2026 has proven to be a watershed month for corporate insolvency practice in India. If you are a transaction lawyer advising on corporate structures, or a litigator filing appe...
The IBC’s Supremacy: NCLAT Defangs SEBI in Insolvency, While the Supreme Court Sets a Lethal Trap for E-Filers
If the April and May 2026 dockets of our insolvency tribunals tell us anything, it is this: the Insolvency and Bankruptcy Code (IBC) is an apex predator, and sectoral regulators like SEBI are rapidly slipping down the food chain. For corporate litiga...
The IBC Turf War: Why SEBI Keeps Losing to Section 238 and What It Means for Creditors
The Endless Regulatory Tug-of-War If there is one consistent theme defining Indian corporate insolvency jurisprudence in early 2026, it is the fierce, ongoing turf war between market regulators and the Insolvency and Bankruptcy Code (IBC). And once a...
SEBI’s Rules Bow to Section 238: NCLAT’s Demat Ruling and the Unstoppable March of the IBC in 2026
The Endless Turf War: IBC vs. Market Regulators For practicing corporate lawyers, the intersection of the Insolvency and Bankruptcy Code (IBC) and securities law has always been a jurisdictional minefield. When a Corporate Debtor (CD) goes into insol...
The IBC’s Hollow Supremacy: Winning the Turf War but Losing the Clock
The Non-Obstante Juggernaut Continues If you are practicing in the corporate insolvency space today, you are witnessing a fascinating paradox. Jurisprudentially, the Insolvency and Bankruptcy Code, 2016 ( IBC ) has never been stronger. Courts are agg...
The Turf War Ends here: NCLAT Weaponizes Section 60(5) to Override Securities Freezes in CIRP
The Eternal Turf War: IBC vs. Regulators If there is one perennial headache for a Resolution Professional (RP) managing a Corporate Insolvency Resolution Process (CIRP), it is the inevitable jurisdictional turf war. The moment a Corporate Debtor (CD)...
Turf Wars and Frozen Demat Accounts: Why NCLAT's Latest IBC Ruling is a Major Win for Resolution Professionals
The Never-Ending Battle of Non-Obstante Clauses In the Indian legal landscape, there are few things as fiercely contested as the jurisdictional turf wars between specialized regulators. When a Corporate Debtor (CD) goes into insolvency, everyone from...
Turf War Settled: NCLAT Cements IBC Supremacy Over Securities Law in Demat De-Freezing Row
The End of the Regulatory Tug-of-War For years, Resolution Professionals (RPs) taking over distressed listed entities have faced a frustrating administrative roadblock: frozen demat accounts. When a Corporate Debtor (CD) enters the Corporate Insolven...
IBC's Non-Obstante Muscle: NCLAT Backs NCLT's Power to Unfreeze Demat Accounts Amid Rising Pre-Admission Recoveries
The Turf War Continues: IBC vs. Sectoral Regulators In the ongoing jurisdictional tug-of-war between India's sectoral regulators and the insolvency regime, the Insolvency and Bankruptcy Code (IBC) has just landed another heavy blow. The National Comp...
The Section 60(5) Juggernaut: NCLAT Backs NCLT’s Power to Override SEBI Rules, But Hits the Brakes on Procedural Overreach
The Unstoppable March of NCLT's Residuary Jurisdiction For insolvency practitioners, Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (IBC) has become the ultimate Swiss Army knife. It is the residuary clause that allows the National Company...
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