Blog - Maheshwari & Co.

19. 01

2021

By MCO Advisory Services Insolvency & Bankruptcy

Disputes by Corporate Debtor Under Insolvency Resolution

The Insolvency and Bankruptcy Code, 2016 (IBC) was passed by the Parliament on 11th May 2016, received Presidential assent on 28th May 2016 and was notified in the official gazette on the same day. It is one of the most comprehensive futuristic consolidated pieces of legislation introduced by the Government lately aimed at covering the […]

19. 01

2021

By MCO Advisory Services Labour & Employment, Regulatory & Compliance

Employees Compensation Amendment Act, 2017

Employee’s Compensation (Amendment) Act 2017 has been introduced with effect from 15th May, 2017. Major changes in the Employee’s Compensation (Amendment) Act 2016 are as follows: Every employer shall immediately at the time of employment of an employee, inform theè employee of his rights to compensation under this Act, in writing as well as through […]

19. 01

2021

By MCO Advisory Services Insolvency & Bankruptcy

NCLAT Quashes Insolvency Order

The National Company Law Appellate Tribunal (NCLAT) in the case of Mobme Wireless Solutions Ltd. (MWSL) vs Bhash Software Labs Pvt Ltd (BSLPL) declared all actions taken by the Interim Resolution Professional (IRP) to be illegal. The act was declared illegal pursuant to NCLAT setting aside the order passed by Chennai bench of the NCLT […]

19. 01

2021

By MCO Advisory Services Insolvency & Bankruptcy

Corporate Guarantors Can’t Escape the NCLT Net

India’s dedicated bankruptcy court has admitted a loan default case against a corporate guarantor, sending a stern message to companies that pledging guarantees on behalf of a borrower is not a mere formality. “Corporate guarantee is no more to be presumed as a comfort undertaking as it leads to definite monetary obligations dragging the corporate […]

19. 01

2021

By MCO Advisory Services Intellectual Property

Interpretation of Section 52 of the Copyright Act

It is interesting to note that in India, wherever provisions have been made for criminal prosecution for violation of any Intellectual Property Rights, a criminal case can be filed against known as well as unknown persons. It is also important to note that both civil and criminal remedies, wherever applicable, can be availed simultaneously and […]

moratorium in insolvency and bankruptcy code a dilemma

19. 01

2021

By MCO Advisory Services Insolvency & Bankruptcy

Moratorium in Insolvency and Bankruptcy Code: A Dilemma

The Insolvency and Bankruptcy Code (Code) still remains the crucial legislation wherein the industry as well as the law fraternity is still anticipating clarifications on the numerous issues. The moot question of the secured creditors which is repeatedly being posed is whether after the introduction of the Code the security of personal or corporate guarantee […]

19. 01

2021

By MCO Advisory Services Insolvency & Bankruptcy

CIRP Period of 270 Days: Mandatory or Not?

Over the Period of time, the Insolvency and Bankruptcy Code, 2016(Code), has largely been settled for the questions related to admission of any CIRP application; however there are requirement for clarifications on the post-admission stage procedure of the Code. One of the debated matters in the Code is the stipulatedtime limit for concluding the Corporate […]

19. 01

2021

By MCO Advisory Services Insolvency & Bankruptcy

Resolution of Stressed Assets – New Regime

Stressed Asset in simple words, can be understood as the loan that has not been repaid to the lenders by the borrower in a stipulated period of time. It is a bad debt that is a sum of NPA (Non-Performing Asset), Restructured Loans and Written-off assets. The Reserve Bank of India had issued various directions […]

19. 01

2021

By MCO Advisory Services Labour & Employment

Indian Labour Laws and Changing Work Nature

Labour is a subject in the Concurrent List under the Constitution of India, where both the Central & State Governments are competent to enact legislation. At present, there are 44 labour related statutes enacted by the Central Government dealing with minimum wages, accidental and social security benefits, conditions of employment, disciplinary action, formation of trade […]

Disputes by Corporate Debtor Under Insolvency Resolution

Employees Compensation Amendment Act, 2017

NCLAT Quashes Insolvency Order

Corporate Guarantors Can’t Escape the NCLT Net

Interpretation of Section 52 of the Copyright Act

Moratorium in Insolvency and Bankruptcy Code: A Dilemma

CIRP Period of 270 Days: Mandatory or Not?

Resolution of Stressed Assets – New Regime

Indian Labour Laws and Changing Work Nature

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