Journal of Banking and Insurance Law

Analyzing the Role of Insolvency Professionals in the Insolvency Proceedings

Aanice Thomas — 2023-12-29

The authors provide to point out and narrate the significant shift of Insolvency and Bankruptcy Code in addressing challenges held down by Insolvency Professionals during the Corporate Insolvency Resolution Process (CIRP). The paper discusses from the evolution of insolvency laws in India from the pretext of time, back from 2016 and the different positive impacts it made in the Indian economy. Delving from the multiple stages of CIRP to emphasizing on what Insolvency Professionals are expected to do is all outlined in this paper. The authors further goes on to cover the criteria for selecting and accrediting Insolvency Professionals, the many functions they serve, and the obstacles they confront, such as legal and regulatory complications, stakeholder opposition, and limited resources. The study makes advice for intellectual property owners, such as digital literacy, professional networking, and legal reform activism. The publication also discusses future developments in bankruptcy processes, such as technology integration, cross-border insolvencies, alternative dispute resolution, and more stakeholder participation. It finishes with case studies, such as the Binani Cement Limited case, that demonstrate the actual implementation of the Insolvency and Bankruptcy Code and the critical role that Insolvency Professionals play in enabling a transparent and fast resolution process.

Critical Issues & Challenges of Elderly in India: The Path Ahead

Naini Choudhary — 2023-11-24

Caring for the elderly poses a formidable challenge for many individuals, especially in India, where the rapid aging of the population has led to an escalating demand for elderly care services. However, the availability of these services is often limited, and the quality can vary widely. Additionally, the cultural expectations of filial piety and the lack of awareness of elderly care options make it difficult for families to navigate the complex landscape of elderly care in India. India is facing the challenge of an aging population, with a projected 340 million people aged 60 or older by 2050. Given the ongoing demographic shift, there is an increasing requirement for elderly care services within the nation. It is time for us to take a long, hard look at the way we view and treat our elderly citizens. We must prioritize their needs and ensure that they are given the respect, dignity, and care they deserve as they age. It is time for change, and it is up to all of us to work together to create a better future for India's elderly population. We owe it to them to make sure that their golden years are truly golden.

The Timeline for the Presentation of Indemnification Offer by Insurers in Case of Motor Vehicle Accidents under the CIMA Code: Lack of Legislative Concern for Victims of Material Loss

Ngoe Kamadje Albert — 2024-01-17

If the CIMA Code imposes deadlines for the presentation of indemnification offer to victims of motor vehicle accident or their heirs, the reason is simple; to coerce insurers to perform their obligation of repairing the loss incurred within a short notice. On this note, where an insurer fails to act according to the Code’s prescriptions, he shall be imputed penalties for late offer which shall be calculated based on the principal amount. Nevertheless, the CIMA Legislator sees the imposition of deadline for the presentation of offer to victims of material loss less of a necessity. This has greatly affected the reparation of material loss in the sense that insurers use it as an excuse to drag the presentation of offer for a long period of time. This paper therefore sets out to make a comprehensive analysis on the presentation of offer in case of material loss orchestrated by motor vehicle accident. This paper reveals that the CIMA Code does not sufficiently regulate the aspect of material damage in case of motor vehicle accidents. On this note, it is suggested that the CIMA Code should be amended to accommodate and sufficiently regulate the reparation of material damage resulting from motor vehicle accidents.

Legal Previews for Housing Finance in India

Shivanand H. Lengati — 2023-12-08

Housing finance in India is now marked by a highly competitive and consumer-friendly market. A liberal credit policy and an enabling legal environment have helped the growth of the housing sector in the past five years. The time-tested property law has been primarily guiding the lender in obtaining enforceable documentation. To help the lending institutions for speec4’ recovery of bad loans State has enacted the Securitization Law for enforcement of security interest of mortgaged properly without the intervention of court. In this scenario, the paper presents a comprehensive appraisal of the existing legal regime that governs housing finance in India, with emphasis on documentation and enforcement issues.

A Study on Factors of Investment Decision Making in Aim India

Anushree Ganguly — 2024-02-05

This research investigates the multifaceted determinants that significantly influence individuals' and institutions' decision-making processes in the realm of investments. In a continuously changing financial environment, comprehending these elements is essential for both investors and financial advisors. The study employs a mixed-methods approach, combining quantitative analysis of market data with qualitative exploration through surveys and interviews. Through this hybrid methodology, a comprehensive understanding of the psychological, socio-economic, and market-related factors impacting investment choices is sought. The process of investment decision making is a complex and multifaceted aspect of financial management that plays a crucial role in shaping the economic landscape. This study seeks to investigate and assess the diverse factors impacting investment decision-making, offering valuable perspectives for investors, financial analysts, and policymakers. Market conditions and their impact on investment decisions are also a focal point of the research. The study scrutinizes how economic indicators, market trends, and global events influence investor sentiment, portfolio diversification, and asset allocation strategies. Market conditions and their impact on investment decisions are also a focal point of the research. The study scrutinizes how economic indicators, market trends, and global events influence investor sentiment, portfolio diversification, and asset allocation strategies. The research utilizes an extensive methodology, merging quantitative and qualitative analyses to delve into the complex array of factors that influence investment decisions.