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Harmonization Of Arbitration And Insolvency Laws In India: Legislative Gaps And Judicial Impediments: Part: 2
-- by Anish Mishra, student at Tamil Nadu National Law University 3.3. Proceedings which are Criminal or Quasi-Criminal in Nature In the case of P. Mohanraj v. Shah Bros. Ispat Pvt. Ltd. , 2021 , the Hon’ble Supreme Court broadened the scope of Section 14 of the Code. It was observed that with respect to Section 138 of the Negotiable Instrument Act, 1881 , the cheque dishonour cases will be covered under the proceedings given in Section 14 of the Code, as they are debt-en
Jan 257 min read


Harmonization of Arbitration and Insolvency Laws in India: Legislative Gaps and Judicial Impediments: Part 1
- by Anish Mishra, student at Tamil Nadu National Law University Insolvency laws and Arbitration have been contested areas of commercial law in India. Due to this inherent clash, there has been a certain level of judicial intervention. In this article, I argue about the absence of clear doctrinal or legislative guidance. I have suggested that there is a need for a harmonized construction between both the laws, which is the need of the hour for increasing the strength of India
Jan 259 min read


MODERNISING THE IBC FRAMEWORK: DETECTION OF PREFERENTIAL AND FRAUDULENT TRANSACTIONS
- by Ujjawal Priyadarshi and Tanushree Singhal, 3rd year students at Chanakya National Law University, Patna Introduction The Insolvency and Bankruptcy Code, 2016 , was framed as a relatively limited time-span system that is designed to rescue enterprises which are in a state of financial distress, as well as to extract the maximum value of the assets by the creditors. The Corporate Insolvency Resolution Process (CIRP) has tough time schedules, and creditors control procedur
Jan 236 min read
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