Law and Literature

Once a company goes into insolvency, the Resolution Professional (RP) is mandated to take over all the assets of the Corporate Debtor thereto but the IBC code imposes some statutory restrictions to the term ' assets ' stipulated under section 18 of the IBC code (herein after the code) Do subsidiaries come under the purview of insolvency of the parent shareholding company? It is a settled law that a subsidiary is a separate legal entity from its parent company as laid down by the celebrated english precedent in  Salomon v. A. Salomon & Co. Ltd. [1897] AC 22 . This foundational doctrine of a separate corporate personality has been consistently upheld by the Hon’ble Supreme Court of India, most notably in the landmark case of Vodafone International Holdings BV v. Union of India, (2012) 6 SCC 613 , which has clarified that even a wholly-owned subsidiary does not lose its distinct identity and that its assets belong to it, not to its parent shareholder.  The statutory pro...

There has been an outrage in the public due to the recent incident that has brought the judiciary in the spotlight but it is not the first time the judicial system has been undermined. The cash row incident of Justice Yeshwant verma reported on March 14 2025 was of such grave velocity that has again unlatched the past judicial stains. The media played the major part, so did the politicians and the bar associations. A three member committee was formed by the then CJI Justice Khanna to probe regarding the burnt pile of cash found in the out house of the residence of justice Verma, and after rigorous investigation, the three member committee found justice Verma guilty. The report was sent to the president and the PM to initiate the impeachment of justice Verma and accordingly the said report was also made public. Some praised the act of making the Report public for judicial transparency while many luminaries found major loopholes in the report with lots of speculations of unaccounted adv...

The Consumer Protection Act, 1986 (hereinafter ‘CP Act, 1986) is an act that provides protection of the interest of the consumers and the Insolvency and Bankruptcy Code, 2016 (hereinafter ‘IBC, 2016’) was enacted for efficient insolvency resolution process of corporate persons, partnership firms and individuals in a time bound manner. This case comment analyzes the judgement passed by the Hon’ble Supreme Court on 4 th March, 2025 where it elucidated the legislative intent of the punitive measures and penal function for non-compliance of the consumer commissions orders under section 27 of the CP Act, 1986 and why it should be strictly adhered to. It also drew a distinction that the moratorium of the company under section 96 of the IBC, 2016 does not bar the consumer proceedings under the CP Act, 1986 1. Introduction. The Hon’ble Supreme Court was hearing an appeal against the order and the final judgement passed by the National Consumer Disputes Redressal Commission (hereinafter ‘NCDRC...