Legal Updates

NOTABLE JUDGEMENTS OF THE NATIONAL COMPANY LAWAPPELLATE TRIBUNAL (NCLAT) PRONOUNCED IN THE MONTH OFNOVEMBER 2019: PART II

COC Represented by UCO Bank v. Mr. Parag Sheth [Co. Appeal (AT) (Insolvency) No. 1254/2019] In the said matter, an appeal was preferred by the committee of creditors (COC) seeking various general reliefs including preponement of hearing before the adjudicating authority (AA), expedition in hearing of various applications pending before the AA, replacement of the insolvency resolution professional (IRP) etc. Read More

Refresher

INSOLVENCY AND LIQUIDATION PROCEEDINGS OF FINANCIAL SERVICEPROVIDERS UNDER THE INSOLVENCY AND BANKRUPTCY CODE

BACKGROUND The question whether a ‘financial service provider’ (“FSP”) falls within the purview of the Insolvency and Bankruptcy Code, 2016 and its rules & regulations (“Code”) has been an oft deliberated in the recent past. Generally speaking, a financial service provider is a person engaged in the business of providing financial services1 in terms of an authorisation or registration obtained Read More

Judgement Updates

RECENT NOTABLEJUDGMENTS OF THE DELHIHIGH COURT

MATERNITY BENEFIT ACT APPLICABLE TO CONTRACTUAL STAFF In Asia Pacific Institute of Management v. Office of the Joint Labour Commissioner1, theDelhi High Court observed that the benefits under the provisions of the Maternity Benefit Act1961 have to be extended to all female employees irrespective of their appointment status orcontractual conditions. It was further observed that no contractual conditions which areunfavourable Read More