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rusykohli · 4 years ago

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From The Bubonic Plague To COVID-19: Impact On The Legal Profession In India

https://www.barandbench.com/author/rusy-kohli

The COVID-19 Pandemic has fundamentally disrupted our social and economic order. It has affected the functioning of most institutions and the Indian Judiciary is no exception. The Guardian of Law now finds itself compelled to guard against this deadly virus, its fraternity and litigants alike. The declaration of lockdown in India was accompanied with Courts across the country restricting functioning to limited matters in order to curb the number of lawyers / litigants entering court complexes. Soon, all hearings were being conducted through videoconferencing only, in order to avoid any human contact whatsoever. However, just like previous health emergencies in India like the Bubonic Plague of the late 19th century and the Spanish Flu of 1918, Corona Virus has made many its victims including the Judiciary, and the legal profession. In order to fully appreciate the impact of the virus, the author attempts to provide an account of the effect of Covid-19 with reference to historical health emergencies and their impact on the judicial apparatus.

Pendency in Indian Courts:

The Indian Judiciary has been over-burdened for several years and COVID-19 is only adding to this menace. As of May 27, 2020, there are approximately 3.24 crore pending cases in India’s subordinate courts[i] and about 48.2 lakh pending cases in the High Courts[ii].

The Supreme Court via its Notification dated March 13, 2020 restricted functioning of the Court to “ urgent matters ” only ( w.e.f. March 16, 2020 )[iii], thereby only entertaining bail matters, suspension of sentence matters and the like.

High Courts too have restricted their functioning to urgent matters. In normal course, a High Court hears north of 400 matters a day. However, since late March, High Courts across the country are hearing anywhere between 10-100 matters a day.[iv]

Subordinate courts account for over 80 % of the pendency of cases. On April 30, 2020 the Karnataka High Court extended the closure of all District Courts, Family Courts, Labour Courts and Industrial Tribunals in the State until May 16, 2020[v]. On April 29, 2020 the Punjab & Haryana High Court ordered that all the district and sub-divisional Courts in Punjab, Haryana and Chandigarh will function “restrictively” from May 1 “till the lockdown / curfew is in force in the respective area”[vi]. These restrictive measures have led to a glut of pending cases, thereby increasing the burden on courts.

Justice Delayed Is Justice Denied:

Pendency in India’s courts has always been a hindrance in securing timely justice for people, if not denying justice altogether. As the usual functioning of courts has been disrupted, many under-trials and even many of those whose appeals are pending are left with no recourse. It can hardly be denied that the subject adage has particular force in the criminal sphere.

In pursuance of the Apex Court’s directions dated March 23, 2020, States and Union Territories have been asked to constitute High Powered Committees “ to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. ” Therefore, each State is free to determine its own criteria for granting bail. Further the Supreme Court has clarified vide its order dated April 13, 2020 that it has not directed the States / Union Territories “ to compulsorily release the prisoners from their respective prisons.”[vii] This clarification has allowed High Courts to further restrict the nature of cases in which they are prepared to grant bail.

On March 29, 2020, the Insolvency And Bankruptcy Board Of India announced the insertion of regulation “ 40 C ”, which laid down that the period of lockdown imposed in the wake of COVID19 shall not be counted for the purposes of the time-line for any activity that could not be completed due to such lockdown, in relation to the corporate insolvency resolution process ( CIRP )[viii]. While this move has come as a relief for companies undergoing the CIRP, it has left creditors waiting for repayment of dues for longer than the mandated 330-day period. NCLT benches across the country are hearing only urgent matters until the lockdown is lifted. This has left many other matters, which do not qualify as urgent, pending. [ix]

Plight Of Advocates:

A PIL was filed in the Supreme Court urging that non-payment of rent for professional premises belonging to advocates should not be made a ground for eviction, during lockdown. However, on April 30, 2020 the Apex Court refused to entertain the plea remarking that it was "not going to enter into this issue," and dismissed the petition as withdrawn. [x] Further on May 8, 2020 a three- Judge bench of the Supreme Court dismissed a plea urging the court to direct the government to formulate a uniform welfare scheme for lawyers affected across the country.[xi]

Daily appearances in court are the main source of income for most advocates, and cash flow has come to a drip, if not completely dried up. In the month of April, 82,725 cases were filed in India’s courts as compared to 8,80,000 cases in March [xii]. This steep decline in cases filed has consequently resulted in a significant dip in court fee, besides Lawyers�� income.

Younger lawyers are left with little or no work. Today, a senior lawyer has the time, and the need to address minor matters, if any, personally, rather than refer them to a junior, which may have been done prior to the lockdown.

A petition was filed in the Madras High Court, seeking a direction to the State and the Bar Council to release Rs. 50,000/- to advocates, in order to compensate for the loss of work[xiii]. However, the Bar Council Of Tamil Nadu & Puducherry has resolved to disburse only Rs. 4000/- each to needy lawyers. The Bar Council was not in a position to release any more money because of limited resources.[xiv]

Law Firms:

Law Firms have also been severely affected. Many partners have either chosen to renounce salaries this financial year or agreed to take significant pay cuts. Firms which charged clients anywhere between Rs. 20,000 and Rs 75, 000 per hour, our now renegotiating their fee, since cash-strapped clients are no longer willing to pay exorbitant sums. Moreover, clients are questioning the actual amount of time that firms are spending on their matters, thereby making firms consider implementing technology that would track the number of hours spent by an executive on a client’s job, in order to provide proof to clients[xv]. This is great innovation; however, it comes with a significant cost in a day and age when law firms are suffering unprecedented lows in business.

Prisoners:

Corona Virus cases have already sprung up in various jails across India. Amongst other jails, there are over 180 cases in Mumbai’s Arthur Road Jail[xvi]. Authorities have been compelled to take drastic measures such as - release a large number of inmates, shift inmates to different prisons and designate temporary places as jails for keeping new undertrials.

By end February, nearly the cases (233 of 565) of COVID-19 reported in Wuhan, China, were from the city’s prison system.[xvii] This fact is reflective of just how dangerous prisons are today.

Indian prisons have historically been overcrowded and may potentially become breeding grounds when threatened by a contagion like Covid19. Considering the difficult living conditions and lack of hygiene, which is an unfortunate reality of our prisons, containing the spread would become nearly impossible.

Coping With This Challenge:

We are now in the age of what has come to be known as “Virtual Courts ” which function through videoconferencing, e-filing, telephonic mentioning of urgent matters and online payment of court fees. These are not bereft of teething problems. Perhaps, the biggest drawback of this new system is the inability to provide public access to courtroom proceedings. Virtual proceedings are being held in camera, and are therefore not open to public which is discordant with what has been held in Naresh Shridhar Mirajkar v State of Maharashtra[xviii], where the Apex Court observed that the public has a right to be present in court and to watch proceedings.

Lawyers are facing problems with basics such as uploading petitions on the Supreme Court website, since the data restrictions put in place are just 5 MB for a petition and 2 MB for additional documents, thereby compelling lawyers to break up the file into multiple volumes.[xix]

Déjà Vu

Historically, the Bubonic Plague of the late 19th century and Spanish Flu of 1918 are two points of reference when the entire framework of judiciary was disrupted on account of a health emergency.

The arrival of the Bubonic Plague in Bombay ( now Mumbai ) in 1896, brought courts to a grinding halt. A J C Mistry, a managing clerk at the Bombay law firm, Wadia Ghandy & Co. has given a grim account of the situation in early 1897. Mistry noted that the judges of the Bombay High Court “had no work to do.” The staff of the firm returned to work after four months, however over the next decade three members fell victim to the plague and died.

Mahatma Gandhi on page 72 in his book - The Law and The Lawyers[xx], while discussing an appeal which was to be heard in Veraval in Gujarat, writes that there were as many as fifty cases heard daily ( a lot of cases for that day and age ) in the Court at Veraval which had a population of about 5,500 people, however at the time of writing the “plague was raging ” and it was “ practically deserted ”. This anecdote bears a striking semblance to the scenario today.

Property which was seized in discharge of debts those days included pots, pans, utensils, bedding etc. These items were regularly hauled in and out of court. Legal historian Mitra Sharafi on page 48 in her book - Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772–1947, writes that this practice of bringing property inside court rooms had become a “ particularly unsavoury phenomenon when the bubonic plague swept through the city. ”

When the Spanish Flu arrived in 1918, the judiciary was hit once again. Jurors, lawyers and assistants of the Calcutta High Court were severely affected. The Court was functioning on somewhat similar lines of how the courts are functioning today, thereby causing consequent pendency issues. [xxi]

Even in Bombay, law offices were bought to a standstill. In late June 1918 the Times Of India reported,

“ Nearly every house in Bombay has some of its inmates down with [influenza] fever and every office is bewailing the absence of clerks. ”

The flu soon found its way into jails and a need was felt to decongest prisons as inmates began to fall sick and the jails were short-staffed. The District Magistrate of Bijapur particularly wanted to release sick prisoners from jail, but the then Government was not ready to cooperate.[xxii]

It may be relevant to mention here that an eminent lawyer by the name of, Mohandas Karamchand Gandhi was himself laid down with the Spanish flu with a faltering heartbeat. However, destiny had charted out a different path for him, and India.

Conclusion:

This piece has only covered some of the ramifications of COVID-19 on the legal profession and there are other areas such as legal education which also need to be addressed on a priority. The existing delays in the legal system will only be exacerbated by the impediments COVID-19 will inevitably present to the progress of investigations, charging decisions, pre-trial processes etc. It appears that Corona Virus is here to stay, and the Judiciary needs to cope with it. We have been through a pandemic before and have come out of it as well. Normal functioning or rather “ New Normal ” functioning of courts is going to take its own time. Hopefully, it shouldn’t take too long, lest Lady Justice will soon have to, along with a blindfold, sword and scales, be adorned with — a mask.

Rusy Kohli

The author is a Post Graduate from Punjab University and a keen student of current affairs with context to lessons from history.

[i] “ Pending Dashboard ”: National Judicial Data Grid (District and Taluka Courts of India).

[ii] National Judicial Data Grid For High Courts.

[iii] Supreme Court Notification, March 13, 2020.

[iv] Data collected from Daily Cause Lists of various High Courts.

[v] Vide Notification No. DJA.I/550/1993, dated April 30, 2020.

[vi] Vide Order No. 13/Spl./RG/Misc. , dated April 29, 2020.

[vii] Suo Motu Writ Petition (Civil) No.1 Of 2020 ( In Re : Contagion Of Covid 19 Virus In Prisons ): Order dated April 13, 2020.

[viii] Vide Notification No. IBBI/2019-20/GN/REG059 Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Third Amendment) Regulations, 2020. , dated March 29, 2020

[ix] NCLT Notice dated April 20, 2020.

[x] Writ Petition (Civil) Diary No.11055/2020 ( ALJO K. JOSEPH Vs. UNION OF INDIA & ANR.): Order dated April 30, 2020.

[xi] Writ Petition (Civil) Diary No(S). 11049/2020 ( Abhinav Ramkrishna Vs. Union Of India & Ors. ): Order Dated May 8, 2020

[xii] “ How lockdown has hit judiciary, in numbers — April cases fall to 82k from 14 lakh avg in 2019 ”: The Print, May 4, 2020.

[xiii] W.P.No.7419 of 2020: ( Dr.A.E. Chelliah vs. The Chairman and Members of the Bar Council of Tamil Nadu and Puducherry and an. )

[xiv] Bar Council Of Tamil Nadu & Puducherry: Press Release Dated 08-05-2020

[xv] Covid-19 Fallout: Pressure on hourly fee of top consultants, lawyers: The Economic Times, May 1, 2020

[xvi] “ After 180 cases from Arthur Road Jail, Maharashtra to release half the state’s prisoners ”: The Indian Express, May 12, 2020.

[xvii] Mainland China adds 573 coronavirus infections, eyes risks abroad: Reuters.com, March 1, 2020

[xviii] (1966) 3 SCR 744

[xix] “ ‘ Public hearing fundamental to democracy’: Lawyers on SC hearings via video conference ”, The Print, April 20, 2020.

[xx] The Law and The Lawyers By: M. K. Gandhi

[xxi] Pandemic or poison? How epidemics shaped Southasia's legal history by Mitra Sharafi: Himal Southasian, April 20, 2020.

[xxii] GD 353, 1918 GOB to District Magistrate, Bijapur, 13 November, 1918.

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taxlegit-blog · 5 years ago

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Private Limited Company Registration in India

Private limited (PVT.LTD) company registration in India is the most successful business type in India. The business owners hold all shares of the company privately. Shareholders may operate the business themselves, or hire directors to manage the company on their behalf. Forming a (PVT.LTD) private limited company registration in India results in protection of personal assets, access to more resources, financial assistance and greater tax cuts.

Private limited company registration in India usually takes 10-15 days.

A (PVT.LTD) private limited company registration in India is a blend of corporate form of business structure and partnership. The most attractive feature of a private limited company registration in India is the Limited Liability of its members. It has the flexibility of a partnership firm and the advantages of a Company such as greater stability, better creditworthiness and separate legal entity. private limited company registration in India are an ideal way of starting and structuring startups with a higher scope of expansion as compared to partnerships as it is easy to raise capital from financial institutions due to its higher stability and reliability. More Details

Private Limited Company Registration in India: Documents Required & Online Procedure

In India, private limited companies have gained a lot of popularity since they have a simplified procedure of incorporation and low capital requirements. Other features that make private limited companies popular are - Limited liability of shareholders, ease in raising funds through issue of equity shares, separate legal entity, and perpetual existence. The average time to register the Private Company in India takes 10-15 days to vary depending upon the government processing time

Private Limited Companies and their registration are governed under the provisions of the Companies Act, 2013, Companies (Incorporation) Rules, 2014 and Ministry of Corporate Affairs (MCA).

● Scanned and self-attested copy of PAN and Aadhar Card of subscribers and directors.

● Scanned copy of any one of the three Identity proofs of subscribers:

✔ Voter Id; or

✔ Passport; or

✔ Driving License

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✔ Electricity or Gas Bill (Not older than two months)

✔ Bank statement (Not older than two months)

✔ Mobile Bill (Not older than two months)

● If the registered office premise is owned, scanned copy of address proof of registered office such as a mobile bill, electricity bill, gas bill, etc which should not be older than two months

● Signed NOC from the landlord in case of the rented premise.

● Scanned copy of notarized rent agreement

● An affidavit from directors declaring that they have complied with the deposit rules of the Companies act.

● Consent of the directors in Form DIR-2 to act as directors of the Company that contains the complete details of directors.

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highcourtadvocateamedabad · 3 years ago

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Best High Court Advocate in Ahmedabad, Gujarat

Pratik Thakkar Associates is top high court advocate in Ahmedabad, Gujarat. He is specialist lawyer for matters likes Civil, Criminal, Insolvency & Bankruptcy, Corporate, Arbitration, NCLT (National Company Law Tribunal) Mergers and Acquisitions Lawyer, Labour Law, Trademark Matters, Patent, Mergers, Winding Up Matters, Liquidation, Auctions, Land Revenue Lawyer, Family Law, SAFEMA, Due Diligence for listing in stock exchange and Criminal Matters, he is the subject matter experts near me local area in Ahmedabad.

He has completed his ILS Law College, University of Pune. Already Diploma in IPR & Cyber Law. Call to the Gujarat Bar Council in 2008.

Attorney Pratik Thakkar Associates, to ensure that your case is successful, you will need to hire a well-known and highly successful advocate. First, to make a reliable choice, you need to look for top lawyers or attorneys through high court advocate directory list in Ahmedabad, Gujarat. Relatives and friends who may have gone through legal discussing something in the past can provide you with the right solution at times. However, it is best to choose your lawyer based on your previous case study and success rate.

When you choose or hiring a lawyer to represent your case, make sure you are familiar with their style of work and are convinced beyond a shadow of a doubt that their representation can help you win your case. This can be done by contacting some of your previous customers and considering their services. The attorney's interaction with his client must be highly cooperative and compassionate.

If you are looking for a top lawyer to win your case, it is actually more effective to get an advocate who has a very high number of cases wins. Those attorneys who have a large number of court victories know how to get the loopholes within the rule of law and therefore have a greater opportunity to win the case for you. Typically, advocates who advertise over 90 percent wins are attorneys who are likely to win your case. So select the perfect professional lawyer if possible!

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So, selecting, the best lawyers is a major investment that can help you from numerous points of view - whether it helps you get out of an uncomfortable agreement, whether it helps you improving your functioning conditions, whether it assists you keep your assets a divorce or if it helps you retain legal rights to your work or intellectual property. Regardless, you will save a lot of money and inconvenience and that means it is worth spending some time and money right now on hiring a decent lawyer in Ahmedabad.

While looking through online high court civil advocate in Ahmedabad, you should above and foremost look for lawyers that will manage specifically with your area of the law. If you are in legal debates with your bosses, then you will need to utilize a corporate lawyer counselor for example, and if you are going through divorce then you will advantage from divorce lawyers.

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juudgeblog · 6 years ago

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LawSikho’s Insolvency & Bankruptcy Law Course; Applications Open

As per a news report, the National Company Law Tribunal (NCLT) has sanctioned 45 resolution plans under the Insolvency and Bankruptcy Code (IBC). In addition, the NCLT has ordered for the liquidation of 19 companies which were initiated in December, 2016.

As of November 2017, over 4,300 applications under the corporate insolvency resolution process (CIRP) were filed in the various benches of NCLT, according to the Financial Stability Report (FSR) released by the RBI in March 2018. The Insolvency and Bankruptcy Code has been a huge step. It has changed the economic maths in India. It is expected to make the Indian economy efficient, and keep creditors in check.

A simple money recovery suit takes a lot of a time in a civil court. But IBC changed the game. If your claim is over one lakh, you now have the option to take any company to NCLT for insolvency for failing to make payment on due date. The cost is cut down for recovery as it only takes weeks to recover the said claim, instead of prolonged years as in a civil suit.

So all in all, IBC has changed the face of the game. The Insolvency and Bankruptcy Code came into existence with the enactment of the Insolvency and Bankruptcy Code (IBC) in May 2016, when it replaced the Company Law Board process.

The RBI had asked the banks to refer the 12 largest dead accounts totalling 2.5 trillion, i.e., about 25 percent of gross NPA of the banking system. Of them 11 are due before NCLT.

Who is impacted the most by IBC?

Has it brought in change of career opportunities for the professionals like lawyers, accountants, bankers?

With this in mind, we at LawSikho have launched Executive Certificate Programme in Insolvency and Bankruptcy Code. This course helps you learn the basics and practical aspects of the insolvency and bankruptcy code. You learn how to draft the notices, applications, petitions along with procedural aspects of IBC.

Click here to know more about IBC course!

What is the career potential for lawyers after doing this course?

The best time to be an expert is something is when the law is in the nascent stages. With most people unaware or ill-informed of the changed laws, legal experts in IBC are sought after by the banks, financial institutions, NBFCs, real estate, insurance, etc. They need litigation lawyers and strategists who are well-equipped with IBC.

Law firms are also looking into IBC as a separate practice area and are hiring people with IBC expertise in their teams. This is an area where only a few can claim expertise since it is in its nascent stages. So you don’t need to showcase a long career graph in this are of law, just sound practical and theoretical knowledge of the domain!

You may want to start reading the IBC, but you need more than mere provisions of the statute to stand apart from the crowd. You’ll need to know the regulatory developments, judicial pronouncements, commercial insights in order to successfully resolve insolvency disputes. Most importantly you need to understand the commercial aspects of the legal process, so that corporations and banks want to hire you!

What is unique about this course?

Generally when we start learning, especially in online courses people start and end with reading the study materials. This course is not about learning the provisions of the statute and case laws.

This course is intensive and not just theoretical, it has hands on practical lessons, where your drafting skills are honed. You learn what lawyers and professionals do practically on a regular basis.

You need to spend 4-6 hours per week on this course. This course will provide you feedback, coaching from trainer to help you improve the work you produce. You will be writing an article per month under expert guidance which will publish on iPleaders blog or other publications. You will get a free course on professional networking, CV writing and interview skills so that you can easily find jobs.

Students who perform well in class get recommendation to top law firms for jobs and internships.

This course enable you to perform insolvency working with ease and deal with the insolvency aspects of corporate transactions in banking, finance, law firms, corporate litigation etc.

Who should take this course:

Lawyers working in bankruptcy practice, debt heavy sectors like manufacturing, real estate, e-commerce, technology companies need to take up this course.

Lawyers working in banks, NBFCs in recovery roles and those looking to work with law firms in commercial litigation, corporate litigation practice may take up this course.

Law students interested in working with the corporate litigation, commercial litigation and sectors like banking, manufacturing, real estate , e-commerce, technology, etc.

Training methodology

You get access to the study material through the digital learning management system, available on Android and iOS applications.The hard copy of the study materials is couriered to your address. You get live video sessions held after regular work hours along with 2 practical weekly exercises followed by written feedback. You get to ask questions, clear your doubts in the live session or the online forums. You get to learn conveniently on the go!

What will you learn?

You will learn how to handle entire process from serving a notice of default till the approval or rejection of a resolution plan by NCLT. You will learn how to strategize the commercial aspects of IBC and develop strategic thinking. You will learn how to draft various memos, notices, applications, petitions, etc.

Here is a glimpse of what topics will be taught under the course:

MODULE I- OVERVIEW OF INSOLVENCY LAWS IN INDIA

Why was the Insolvency and Bankruptcy Code (IBC) introduced?

Bird’s eye view of the IBC for a novice

MODULE II- INITIATION OF INSOLVENCY AS A FINANCIAL CREDITOR

Initiation of insolvency by financial creditors

How to draft an application to initiate insolvency (by financial creditor)

MODULE III- INITIATION OF INSOLVENCY AS AN OPERATIONAL CREDITOR

Initiation of insolvency by operational creditors

How to draft a demand notice and application to initiate insolvency by operational creditors

MODULE IV- INITIATION OF INSOLVENCY BY CORPORATE DEBTOR

Initiation of insolvency by corporate debtor itself

How to draft an application to initiate insolvency by a corporate debtor?

MODULE V- AFTERMATH OF FILING AN APPLICATION FOR INITIATION OF INSOLVENCY

Role of National Company Law Tribunals in Insolvency Cases

Consequences of admission of an application to initiate insolvency

MODULE VI- CONSTITUTION OF COMMITTEE OF CREDITORS AND FILING OF CLAIMS

Constitution of Committee of Creditors (COC)

How to file claims with the COC

MODULE VII- ADMISSION/REJECTION OF A CLAIM

How are claims admitted or rejected by the Insolvency Resolution Professional (IRP)

MODULE VIII- MEETINGS OF COC AND THEIR DUTIES

How does the COC work and decide matters?

MODULE IX- ROLE AND DUTIES OF THE RP

What are the roles and duties of the Resolution Professional?

MODULE X- INVITING PROSPECTIVE RESOLUTION APPLICANTS

How to invite resolution plans from prospective resolution applicants

MODULE XI- APPROVAL/REJECTION OF RESOLUTION PLAN BY COC

Approval or rejection of resolution plan

MODULE XII- APPROVAL/REJECTION OF RESOLUTION PLAN BY NCLT

Proceedings and NCLT

Appeals and Revisions from various orders during the insolvency process

Sample Exercises

We inculcate the habit of practical learning in our students through assignments, articles and exercises. Here is a taste of the exercises that we give to our students:

Decide a suitable forum and advise lenders for recovery of specific debts through a memo

Draft a notice of default to a debtor as well as guarantor

Draft an application on behalf of a financial creditor to initiate insolvency of a company

Draft a demand notice under the IBC

Draft an application under section 10 of the Code

Course Details:

Last Date of Enrollment: 31st October, 2018

Batch Commencement Date: 1st November, 2018

Duration: 3 months

Course: INR 10,000/- (including GST)

To enroll for this course, click here.

Contact Details:

For any of queries, please email us at [email protected] or schedule a career counselling session by calling 011-39595032.

Learn on the go! Get immediate access on the Web, Android, and iOS on enrolment.

The post LawSikho’s Insolvency & Bankruptcy Law Course; Applications Open appeared first on iPleaders.

LawSikho’s Insolvency & Bankruptcy Law Course; Applications Open syndicated from https://namechangersmumbai.wordpress.com/

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loyallogic · 6 years ago

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LawSikho’s Insolvency & Bankruptcy Law Course; Applications Open

The RBI had asked the banks to refer the 12 largest dead accounts totalling 2.5 trillion, i.e., about 25 percent of gross NPA of the banking system. Of them 11 are due before NCLT.

Who is impacted the most by IBC?

Has it brought in change of career opportunities for the professionals like lawyers, accountants, bankers?

Click here to know more about IBC course!

What is the career potential for lawyers after doing this course?

What is unique about this course?

Generally when we start learning, especially in online courses people start and end with reading the study materials. This course is not about learning the provisions of the statute and case laws.

This course is intensive and not just theoretical, it has hands on practical lessons, where your drafting skills are honed. You learn what lawyers and professionals do practically on a regular basis.

Students who perform well in class get recommendation to top law firms for jobs and internships.

This course enable you to perform insolvency working with ease and deal with the insolvency aspects of corporate transactions in banking, finance, law firms, corporate litigation etc.

Who should take this course:

Lawyers working in bankruptcy practice, debt heavy sectors like manufacturing, real estate, e-commerce, technology companies need to take up this course.

Lawyers working in banks, NBFCs in recovery roles and those looking to work with law firms in commercial litigation, corporate litigation practice may take up this course.

Law students interested in working with the corporate litigation, commercial litigation and sectors like banking, manufacturing, real estate , e-commerce, technology, etc.

Training methodology

What will you learn?

Here is a glimpse of what topics will be taught under the course:

MODULE I- OVERVIEW OF INSOLVENCY LAWS IN INDIA

Why was the Insolvency and Bankruptcy Code (IBC) introduced?

Bird’s eye view of the IBC for a novice

MODULE II- INITIATION OF INSOLVENCY AS A FINANCIAL CREDITOR

Initiation of insolvency by financial creditors

How to draft an application to initiate insolvency (by financial creditor)

MODULE III- INITIATION OF INSOLVENCY AS AN OPERATIONAL CREDITOR

Initiation of insolvency by operational creditors

How to draft a demand notice and application to initiate insolvency by operational creditors

MODULE IV- INITIATION OF INSOLVENCY BY CORPORATE DEBTOR

Initiation of insolvency by corporate debtor itself

How to draft an application to initiate insolvency by a corporate debtor?

MODULE V- AFTERMATH OF FILING AN APPLICATION FOR INITIATION OF INSOLVENCY

Role of National Company Law Tribunals in Insolvency Cases

Consequences of admission of an application to initiate insolvency

MODULE VI- CONSTITUTION OF COMMITTEE OF CREDITORS AND FILING OF CLAIMS

Constitution of Committee of Creditors (COC)

How to file claims with the COC

MODULE VII- ADMISSION/REJECTION OF A CLAIM

How are claims admitted or rejected by the Insolvency Resolution Professional (IRP)

MODULE VIII- MEETINGS OF COC AND THEIR DUTIES

How does the COC work and decide matters?

MODULE IX- ROLE AND DUTIES OF THE RP

What are the roles and duties of the Resolution Professional?

MODULE X- INVITING PROSPECTIVE RESOLUTION APPLICANTS

How to invite resolution plans from prospective resolution applicants

MODULE XI- APPROVAL/REJECTION OF RESOLUTION PLAN BY COC

Approval or rejection of resolution plan

MODULE XII- APPROVAL/REJECTION OF RESOLUTION PLAN BY NCLT

Proceedings and NCLT

Appeals and Revisions from various orders during the insolvency process

Sample Exercises

We inculcate the habit of practical learning in our students through assignments, articles and exercises. Here is a taste of the exercises that we give to our students:

Decide a suitable forum and advise lenders for recovery of specific debts through a memo

Draft a notice of default to a debtor as well as guarantor

Draft an application on behalf of a financial creditor to initiate insolvency of a company

Draft a demand notice under the IBC

Draft an application under section 10 of the Code

Course Details:

Last Date of Enrollment: 31st October, 2018

Batch Commencement Date: 1st November, 2018

Duration: 3 months

Course: INR 10,000/- (including GST)

To enroll for this course, click here.

Contact Details:

For any of queries, please email us at [email protected] or schedule a career counselling session by calling 011-39595032.

Learn on the go! Get immediate access on the Web, Android, and iOS on enrolment.

The post LawSikho’s Insolvency & Bankruptcy Law Course; Applications Open appeared first on iPleaders.

LawSikho’s Insolvency & Bankruptcy Law Course; Applications Open published first on https://namechangers.tumblr.com/

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juudgeblog · 6 years ago

Text

LawSikho’s Insolvency & Bankruptcy Law Course; Applications Open

The RBI had asked the banks to refer the 12 largest dead accounts totalling 2.5 trillion, i.e., about 25 percent of gross NPA of the banking system. Of them 11 are due before NCLT.

Who is impacted the most by IBC?

Has it brought in change of career opportunities for the professionals like lawyers, accountants, bankers?

Click here to know more about IBC course!

What is the career potential for lawyers after doing this course?

What is unique about this course?

Generally when we start learning, especially in online courses people start and end with reading the study materials. This course is not about learning the provisions of the statute and case laws.

This course is intensive and not just theoretical, it has hands on practical lessons, where your drafting skills are honed. You learn what lawyers and professionals do practically on a regular basis.

Students who perform well in class get recommendation to top law firms for jobs and internships.

This course enable you to perform insolvency working with ease and deal with the insolvency aspects of corporate transactions in banking, finance, law firms, corporate litigation etc.

Who should take this course:

Lawyers working in bankruptcy practice, debt heavy sectors like manufacturing, real estate, e-commerce, technology companies need to take up this course.

Lawyers working in banks, NBFCs in recovery roles and those looking to work with law firms in commercial litigation, corporate litigation practice may take up this course.

Law students interested in working with the corporate litigation, commercial litigation and sectors like banking, manufacturing, real estate , e-commerce, technology, etc.

Training methodology

What will you learn?

Here is a glimpse of what topics will be taught under the course:

MODULE I- OVERVIEW OF INSOLVENCY LAWS IN INDIA

Why was the Insolvency and Bankruptcy Code (IBC) introduced?

Bird’s eye view of the IBC for a novice

MODULE II- INITIATION OF INSOLVENCY AS A FINANCIAL CREDITOR

Initiation of insolvency by financial creditors

How to draft an application to initiate insolvency (by financial creditor)

MODULE III- INITIATION OF INSOLVENCY AS AN OPERATIONAL CREDITOR

Initiation of insolvency by operational creditors

How to draft a demand notice and application to initiate insolvency by operational creditors

MODULE IV- INITIATION OF INSOLVENCY BY CORPORATE DEBTOR

Initiation of insolvency by corporate debtor itself

How to draft an application to initiate insolvency by a corporate debtor?

MODULE V- AFTERMATH OF FILING AN APPLICATION FOR INITIATION OF INSOLVENCY

Role of National Company Law Tribunals in Insolvency Cases

Consequences of admission of an application to initiate insolvency

MODULE VI- CONSTITUTION OF COMMITTEE OF CREDITORS AND FILING OF CLAIMS

Constitution of Committee of Creditors (COC)

How to file claims with the COC

MODULE VII- ADMISSION/REJECTION OF A CLAIM

How are claims admitted or rejected by the Insolvency Resolution Professional (IRP)

MODULE VIII- MEETINGS OF COC AND THEIR DUTIES

How does the COC work and decide matters?

MODULE IX- ROLE AND DUTIES OF THE RP

What are the roles and duties of the Resolution Professional?

MODULE X- INVITING PROSPECTIVE RESOLUTION APPLICANTS

How to invite resolution plans from prospective resolution applicants

MODULE XI- APPROVAL/REJECTION OF RESOLUTION PLAN BY COC

Approval or rejection of resolution plan

MODULE XII- APPROVAL/REJECTION OF RESOLUTION PLAN BY NCLT

Proceedings and NCLT

Appeals and Revisions from various orders during the insolvency process

Sample Exercises

We inculcate the habit of practical learning in our students through assignments, articles and exercises. Here is a taste of the exercises that we give to our students:

Decide a suitable forum and advise lenders for recovery of specific debts through a memo

Draft a notice of default to a debtor as well as guarantor

Draft an application on behalf of a financial creditor to initiate insolvency of a company

Draft a demand notice under the IBC

Draft an application under section 10 of the Code

Course Details:

Last Date of Enrollment: 31st October, 2018

Batch Commencement Date: 1st November, 2018

Duration: 3 months

Course: INR 10,000/- (including GST)

To enroll for this course, click here.

Contact Details:

For any of queries, please email us at [email protected] or schedule a career counselling session by calling 011-39595032.

Learn on the go! Get immediate access on the Web, Android, and iOS on enrolment.

The post LawSikho’s Insolvency & Bankruptcy Law Course; Applications Open appeared first on iPleaders.

LawSikho’s Insolvency & Bankruptcy Law Course; Applications Open syndicated from https://namechangersmumbai.wordpress.com/

0 notes

juudgeblog · 6 years ago

Text

LawSikho’s Insolvency & Bankruptcy Law Course; Applications Open

The RBI had asked the banks to refer the 12 largest dead accounts totalling 2.5 trillion, i.e., about 25 percent of gross NPA of the banking system. Of them 11 are due before NCLT.

Who is impacted the most by IBC?

Has it brought in change of career opportunities for the professionals like lawyers, accountants, bankers?

Click here to know more about IBC course!

What is the career potential for lawyers after doing this course?

What is unique about this course?

Generally when we start learning, especially in online courses people start and end with reading the study materials. This course is not about learning the provisions of the statute and case laws.

This course is intensive and not just theoretical, it has hands on practical lessons, where your drafting skills are honed. You learn what lawyers and professionals do practically on a regular basis.

Students who perform well in class get recommendation to top law firms for jobs and internships.

This course enable you to perform insolvency working with ease and deal with the insolvency aspects of corporate transactions in banking, finance, law firms, corporate litigation etc.

Who should take this course:

Lawyers working in bankruptcy practice, debt heavy sectors like manufacturing, real estate, e-commerce, technology companies need to take up this course.

Lawyers working in banks, NBFCs in recovery roles and those looking to work with law firms in commercial litigation, corporate litigation practice may take up this course.

Law students interested in working with the corporate litigation, commercial litigation and sectors like banking, manufacturing, real estate , e-commerce, technology, etc.

Training methodology

What will you learn?

Here is a glimpse of what topics will be taught under the course:

MODULE I- OVERVIEW OF INSOLVENCY LAWS IN INDIA

Why was the Insolvency and Bankruptcy Code (IBC) introduced?

Bird’s eye view of the IBC for a novice

MODULE II- INITIATION OF INSOLVENCY AS A FINANCIAL CREDITOR

Initiation of insolvency by financial creditors

How to draft an application to initiate insolvency (by financial creditor)

MODULE III- INITIATION OF INSOLVENCY AS AN OPERATIONAL CREDITOR

Initiation of insolvency by operational creditors

How to draft a demand notice and application to initiate insolvency by operational creditors

MODULE IV- INITIATION OF INSOLVENCY BY CORPORATE DEBTOR

Initiation of insolvency by corporate debtor itself

How to draft an application to initiate insolvency by a corporate debtor?

MODULE V- AFTERMATH OF FILING AN APPLICATION FOR INITIATION OF INSOLVENCY

Role of National Company Law Tribunals in Insolvency Cases

Consequences of admission of an application to initiate insolvency

MODULE VI- CONSTITUTION OF COMMITTEE OF CREDITORS AND FILING OF CLAIMS

Constitution of Committee of Creditors (COC)

How to file claims with the COC

MODULE VII- ADMISSION/REJECTION OF A CLAIM

How are claims admitted or rejected by the Insolvency Resolution Professional (IRP)

MODULE VIII- MEETINGS OF COC AND THEIR DUTIES

How does the COC work and decide matters?

MODULE IX- ROLE AND DUTIES OF THE RP

What are the roles and duties of the Resolution Professional?

MODULE X- INVITING PROSPECTIVE RESOLUTION APPLICANTS

How to invite resolution plans from prospective resolution applicants

MODULE XI- APPROVAL/REJECTION OF RESOLUTION PLAN BY COC

Approval or rejection of resolution plan

MODULE XII- APPROVAL/REJECTION OF RESOLUTION PLAN BY NCLT

Proceedings and NCLT

Appeals and Revisions from various orders during the insolvency process

Sample Exercises

We inculcate the habit of practical learning in our students through assignments, articles and exercises. Here is a taste of the exercises that we give to our students:

Decide a suitable forum and advise lenders for recovery of specific debts through a memo

Draft a notice of default to a debtor as well as guarantor

Draft an application on behalf of a financial creditor to initiate insolvency of a company

Draft a demand notice under the IBC

Draft an application under section 10 of the Code

Course Details:

Last Date of Enrollment: 31st October, 2018

Batch Commencement Date: 1st November, 2018

Duration: 3 months

Course: INR 10,000/- (including GST)

To enroll for this course, click here.

Contact Details:

For any of queries, please email us at [email protected] or schedule a career counselling session by calling 011-39595032.

Learn on the go! Get immediate access on the Web, Android, and iOS on enrolment.

The post LawSikho’s Insolvency & Bankruptcy Law Course; Applications Open appeared first on iPleaders.

LawSikho’s Insolvency & Bankruptcy Law Course; Applications Open syndicated from https://namechangersmumbai.wordpress.com/

0 notes