Supreme Court of India Insolvency and Bankruptcy Code, 2016 Alchemist Asset Reconstruction Company Ltd. Vs. M/s. Hotel Gaudavan Pvt. Ltd. & Ors (Civil Appeal No. 16929 of 2017) Arcelormittal India Private […]
LIST OF IMPORTANT CASES FOR LIMITED INSOLVENCY EXAMINATION w.e.f. 1st July 2019
Insolvency and Bankruptcy Board of India 30th March, 2019 Limited Insolvency Examination w.e.f. 1st July, 2019 The Board hereby publishes the syllabus, format etc. of the Limited Insolvency Examination (Examination) under regulation […]
The Insolvency and Bankruptcy Board of India was established on 1st October, 2016 under the Insolvency and Bankruptcy Code, 2016 (Code). It is a key pillar of the ecosystem responsible for implementation of the Code that consolidates and amends the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximization of the value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders.
STATUTORY INTERPRETATION-if a statute requires a thing to be done in a particular manner, it should be done in that manner or not at all, articulated in Nazir Ahmad v. Emperor, AIR 1936 PC 253, has found widespread acceptance.
A perusal of the aforesaid provision makes it patent that the Limitation Act would apply to the proceedings or appeals before the Tribunal or the Appellate Tribunal. The question then is, what would be the period of limitation in cases where the petitioner has complained of illegal induction of respondents as directors and wrongful reduction of their share capital with the allegations against the respondents of grabbing majority shareholding unfairly as an act of oppression. It appears that there is no specific provision made either in the substantive section of the Limitation Act or in the articles as per the Schedule. A close scanning of the schedule, however, reveals that Articles 1-112 deal with various types of suits, viz., suits relating to accounts where period of limitation is three years, suits relating to contracts where again the period of limitation is three year; suits relating to declarations, suits relating to immovable properties, suits relating to movable properties, suits relating to Trust and Trust property and miscellaneous matters. In most of die cases, the period of limitation is three years except the suit for possession of a hereditary office etc (from Articles 107 to 110) where the period of limitation prescribed is 12 years or Articles 111 and 112 where the period prescribed is 30 years.
Introductory Text The First Group of Parts Company Insolvency; Companies Winding Up Part I Company Voluntary Arrangements Part II administration Part II Administration Orders Part III Receivership Part IV Winding Up of […]