Introduction The relentless march of new-age commerce demands a robust legal framework. This system must prioritize transparency and the swift resolution of financial defaults to maintain market stability. A critical legal dilemma arises when a Corporate Debtor attempts to veil a default through accounting maneuvers. Specifically, the court must determine if a debtor can legally misallocate payments between past arrears […]
Introduction As modern Indian jurisprudence evolves in response to rising economic offences from fraud and money laundering to environmental degradation, a critical question arises: when does corporate oversight cross the line and transform into the “directing mind and will”, thereby attracting vicarious liability of directors? This question lies at the heart of a delicate balancing exercise, where courts must ensure […]
Introduction In the high-stakes arena of corporate insolvency, the statutory mandate of the IBC1 acts as a sentinel, ensuring that even when secured creditors march outside the common pool to realize their dues, they do not trample upon the administrative framework that sustains the process. The focus of modern insolvency law has shifted from mere debt recovery to a structured, […]