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This book consolidates the judgments and orders passed by the Supreme Court, High Courts across India and the Tribunal including Appellate Tribunal during January 2019 - December 2019 in the form of a digest based on qualitative research. The cases have been presented in a comprehensible manner under each provision giving the essence of the judgment in a concise manner. The insolvency practitioners, judicial officers, regulators and other stakeholders will find the IBC digest extremely useful in their endeavours. Key features Covers gist of more than 700 judgements and orders Cover judgements and orders passed during January 2019 - December 2019 For easy reference, table of cases arranged: – Section-wise – Alphabet-wise – Authority-wise Conclusive heading/topic allocated to all cases digested Includes updated text of Insolvency and Bankruptcy Code, 2016 with footnotes
This book is related to the Supreme Court of India's Case Laws on Insolvency and Bankruptcy Code 2016. Relevant Sections, Case Note-Facts-Findings of the Hon’ble Apex Court and Citation are given for each case. It will be useful for Lawyers, Insolvency Professionals, Chartered Accountants, Company Secretaries, Corporate Applicants, Corporate Debtors, Corporates, MNCs, IPAs, IPEs, NCLT, NCLAT, DRT and DRAT, High Courts and Supreme Court Librarians, Entrepreneurs, Individuals, Consultants, Valuers, Law Students and Law School Faculties.
About the book The previous editions of this book were best-sellers and very well received by aspirants of Limited Insolvency Examination and Insolvency Professionals. This edition is a thoroughly revised one with finer and sharper case analysis. This book is a guide to a quick understanding of the Case Laws pertaining to the Insolvency and Bankruptcy Code, 2016 under the Limited Insolvency Examination syllabus effective from 1st July 2019. The book provides case analysis of 59 cases in a simplified manner followed by summary of cases in a tabular format for easy and better recall. The revisionary exercises will help aspirants to remember case laws with reference to the issues and the decisions therein. The book contains Multiple Choice Questions based on the case analysis specially designed for preparing to give the Limited Insolvency Examination. The book also contains 10 practice exams at the end to reinforce the aspirant's knowledge and help crack the examination. Based on the feedback received from aspirants, the book also contains a tabular presentation of section-wise reference of cases and vice versa.
About the Book If the 1991 reforms globalized the Indian economy and brought vibrancy to the corporate sector, the year 2015-2016 can be said to have ushered the concept of 'commercial justice' that never existed in India. Prior to this, the legal system was classified between civil and criminal justice only without any concept of commercial justice which has emerged through two significant legislations- The Insolvency & Bankruptcy Code, 2016 and The Arbitration & Conciliation (Amendment) Act, 2015. These legislations are path-breaking and have far reaching implications for the Indian economy and the business world. The Supreme Court in a short span of five years has interpreted these legislations in certain important judgements, giving certainty in the scope and application of these laws. These significant judgements of the Apex Court have been analyzed in this book. In the regime prior to the Insolvency & Bankruptcy Code, 2016, the debtors laughed and the creditors cried, in other words, it was a debtors' paradise and creditors' hell. The 2016 legislation brings a paradigm shift in favour of creditors and the Apex Court has reinforced the letter and spirit of the law by its judgements as also the democracy in insolvency resolution through the Committee of Creditors (CoC). The nuances of the law have been analyzed in the book through case-law. The Apex Court has interpreted the Arbitration & Conciliation (Amendment) Act, 2015 to bring the arbitration law in sync with the global arbitration landscape. The principles of fairness in arbitration as also the minimal interference with arbitral awards have been emphasized by the Supreme Court. Vexed questions that took decades to be decided have been settled in record time so as to give clarity to the business world. The book simplifies and demystifies legal complexities through Supreme Court judgements, for the benefit of readers including Law students, young Corporate Lawyers, In-house Corporate Counsel, Company Secretaries and Chartered Accountants.
About the book This book will equip professionals with necessary knowledge tools to practice in NCLT/NCLAT, acting as their non-verbal guide. Whether it is oppression and mismanagement cases or winding up/liquidation matters, mergers/de-mergers, or class actions or an insolvency case, this book helps find answers to most practical problems. For a new practitioner, this book provides the necessary hand-holding to understanding the law, practice and procedure for dealing with various types of cases in NCLT/NCLAT. For professionals already practicing corporate laws, this book will prove to be invaluable in analysing the evolution of the insolvency code, understanding applicability of old case laws, resolving transitional issues arising out of transfer/abatement of existing cases, incisive analysis of new legal provisions and detailed comparison with the 1956 Act. Key Features - Covers discussion on Insolvency and Bankruptcy Code, 2016 (IBC) and related Rules and Regulations, with commentary thereof w.r.t. corporate persons. - Includes case digest of Supreme Court, NCLAT and NCLT under IBC and Companies Act, 2013 - Commentary on all areas of practice including mergers & amalgamation, oppression and mismanagement, winding up, class action & investigation. - Explores new areas of practice for chartered accountants, company secretaries, cost accountants and corporate lawyers. - Detailed comparison of provisions of 1956 Act with 2013 Act. - Ready reference table containing summary of all the powers of NCLT. - Includes updated NCLT and NCLAT Rules.
Highlights ? More than 5300 MCQs with Answers and Reference. ? Contains upto date laws on Insolvency & Bankruptcy Code, 2016, its Rules and Regulations and Circulars. ? Completely revamped to include MCQs and legislation as per the latest syllabus of IBBI w.e.f. 1st January 2021. ? Covers cases decided by the Supreme Court, High Courts, NCLAT and NCLT covering facts of the case, issue involved and decision given by courts, as per the syllabus. ? Contains separate chapters with case analysis of CIRP/ Individual Insolvency Resolution. Complete coverage of syllabus as notified w.e.f. 1st January 2021 with more than 5300 MCQs (updated upto 31st December, 2020) ? The Insolvency and Bankruptcy Code, 2016, Its Rules, Regulations and Circulars issued under the Code till 31st December, 2020) ? Relevant Chapter of The Companies Act, 2013 ? The Indian Partnership Act, 1932 ? The Limited Liability Partnership Act, 2008 ? The Indian Contract Act, 1872 ? The Negotiable Instruments Act, 1881 ? The Sale of Goods Act, 1930 ? The Transfer of Property Act, 1882 ? The Code of Civil Procedure, 1908 ? The Limitation Act, 1963 ? The Prevention of Corruption Act, 1988 ? The Prevention of Money Laundering Act, 2002 ? The Recovery of Debts and Bankruptcy Act, 1993 ? The Arbitration and Conciliation Act, 1996 ? The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 ? The Micro, Small and Medium Enterprises Development Act, 2006 ? The Real Estate (Regulation and Development) Act, 2016 ? Securities and Contracts Regulation Act, 1956 ? Relevant SEBI Regulations: - SEBI (ICDR) Regulations, 2009 - SEBI (ICDR) Regulations, 2018 - SEBI (Delisting of Equity Shares) Regulations, 2009 - SEBI (SAST) Regulations, 2011 - SEBI (LODR) Regulations, 2015 ? Finance and Accounts (Corporate Finance; Financial Analysis; Liquidity Management; Tax Planning and GST) ? General Awareness - Constitution of India (Right to Constitutional Remedies; provisions of Union Judiciary; provisions of High Courts in the States) - Rights of Workmen under Labour Laws (The Code of Social Security, 2020, The Code of Wages, 2019, The Industrial Relations Code, 2020, The Occupational Safety, Health and Working Conditions Code, 2020 - Economy - Financial Markets - Basic concepts of Valuation - Forensic Audit ? Important decisions of Supreme Court and High Courts, Decisions of NCLAT and NCLT relating to Insolvency ? Case Analysis of CIRP & Liquidation / Individual Insolvency Resolution / Business and Professional Ethics ? MCQs based on Various decisions of Courts ? Model Question Papers
Bailey and Groves: Corporate Insolvency - Law and Practice is a leading commentary on the substantive law of corporate insolvency and practical guidance on the various procedures arising in this important field. Written by recognised experts in the field, it remains a user-friendly text covering all aspects of corporate insolvency in one volume and is accessible to both legal and accountancy practitioners.The new edition includes:* Updated content to reflect substantial changes to the Insolvency Rules - due to be released in October 2016 and implemented in April 2017* New relevant provisions of legislation since the last edition including the Small Business Enterprise Act 2015 and Deregulation Act 2015* Coverage of amendments to the Company Directors Disqualification Act 1986 by the Deregulation Act 2015 and the Small Business, Enterprise and Employment Act 2015
This book provides MCQs based questions on Insolvency and Bankruptcy Code, 2016, Rules & Regulations, Allied Laws, General Awareness, Finance & Accounts, Decisions of the NCLT, NCLAT, High Courts and Supreme Court on the issues emerging out of the Code and case studies, which will help in thorough preparation for the examination to the aspirants. Tranzission Insolvency Practice Exams contains 890 MCQs in a methodical, logical and systematic manner as per the weightage given in the syllabus for the Limited Insolvency Examination. MCQs comprehensively covers both the Insolvency and Bankruptcy Code, 2016 and the notified Rules & Regulations as per the syllabus for the examination w.e.f. 1st July, 2019. MCQs will facilitate in reinforcing learning.