Secured Financial Creditors Be Treated ‘Equally’ in case of relinquishment of Security Interest in Liquidation Process under the IBC
Protection from discrimination and inequality is guaranteed under the Constitution. Article 14 of the Indian Constitution mandates that ‘the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India’. Unlike other fundamental rights, the right to equality extends to any person, including corporations. A corollary of equality is […]
The Pre- Pack Insolvency Regime – The Ultimate “Relief Pack” for the MSME’S
INTRODUCTION: In our earlier section, we had highlighted the key features and benefits of the Pre-Packaged Insolvency Resolution Process (“PPIRP”) framework introduced by the Central Government vide Ordinance dated April 4, 2021 (“Ordinance”). In this article, we attempt to discuss the various issues that are required to be addressed to ensure that the PPIRP regime […]
Protest Petition – A Precedential Marvel Sans Codification
Introduction “Protest Petition” – a concept in criminal law, that even though received cognizance several decades ago, yet, till date, does not find its place in any statute. Given its significance, in the criminal jurisprudence, it seems only prudent that the concept should have had been well modulated by now, yet surprisingly, it often finds […]