Tag: Homebuyers
October 19, 2022
Corporate Law | Real Estate
Corporate Law | Real Estate
Piercing of Corporate Veil to Protect Homebuyers
Insolvency Proceedings are commenced upon bankruptcy of a debtor. In simple terms, bankruptcy is inability of a corporate debtor to pay back its creditors. Insolvency and Bankruptcy Code, 2016 (“IBC”) governs insolvency proceedings in India. A corporate insolvency resolution process (“CIRP”) is a recovery mechanism for the creditors of the corporate debtor and the CIRP can be initiated under Section 7 & Section 9 of the IBC. ......
September 9, 2020
Corporate Law | Real Estate
Corporate Law | Real Estate
Homebuyers Cannot Invoke Insolvency Proceedings to Exec...
In a recent order issued by the National Company Law Appellate Tribunal ("NCLAT") in the case of Sushil Ansal Vs. Ashok Tripathi , the NCLAT has held that a decree-holder cannot be treated as a financial creditor for the purpose of triggering insolvency proceedings against a company. ......
The Judicial Stance on Contractual Bars and Pendente Lite Interest in Arbitration
In the realm of commercial disputes, debates pertaining to awarding of interest remains constant. For every business that deals with contracts, clauses pertaining to...
Defining Patent Ownership in India: Employment Contracts as Valid Proof of Right
In India, a patent application can be filed not just by the true and first inventor, but also by the assignee of an inventor. This is provided for under Section 6 of the Indian Patents Act...
A Peaceful Atomic Age Dawns: India’s SHANTI Act and the Nuclear Patent Revolution
The Indian Parliament recently passed the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 (SHANTI Act), laying the groundwork for a...
Draft Labour Rules: A Step Forward Towards Implementation
On December 31, 2025, the Ministry of Labour and Employment ("Ministry") released the draft rules for the implementation of the four labour codes, marking a significant advancement in...
Bottled ‘Pride’: A Trademark Whisky War in India
How far can ‘pride’ go in succeeding in a trademark passing off suit? The Supreme Court of India had occasion to consider this, although not quite literally,...
The DPIIT Working Paper on AI and Copyright: Regulatory Signals and Practical Implications...
Artificial intelligence ("AI") is no longer at the margins of business strategy. For many organisations, it has become embedded in product design, customer engagement, internal workflows and long-term planning...
Vague Definitions, Harsh Penalties and Constitutional Incompatibility: Why the Karnataka H...
On December 10, 2025, the Government of Karnataka tabled the Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025 (the "Bill") to prevent dissemination and punish perpetrators of hate speech and hate crimes...
Broadening the Small Company Net: Implications of the New Threshold
On December 1, 2025, the Ministry of Corporate Affairs ("MCA") via Notification G.S.R. 880(E) ("Notification"), introduced pivotal amendment to the definition of a "Small Company" under Sec-tion 2(85) of the Companies Act...
Privacy at the Price of Transparency: Legal Implications of the Amendments to Section 8 of...
The Ministry of Electronics and Information Technology ("MeitY") recently notified the Digital Personal Data Protection Rules, 2025, on November 14, 2025. This notification brings into force the Digital Personal...
Recalibrating Corporate Governance: An Analysis of the SEBI LODR 5th Amendment, 2025
On November 19, 2025, the Securities and Exchange Board of India ("SEBI") notified the fifth amendment to the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations...
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