Topic

sham transaction

4 articlesLatest July 2026
Specific Performance Enforced | Sham Transactions to Defeat Contract Void : High Court of Madhya Pradesh
Case Law Analysis
|Madhya Pradesh High Court

Specific Performance Enforced | Sham Transactions to Defeat Contract Void : High Court of Madhya Pradesh

The High Court of Madhya Pradesh set aside a trial court's dismissal of a specific performance suit, ruling that a genuine agreement existed despite defendants' denial and subsequent sham sale to defeat the contract. The court emphasized that sham transactions executed within weeks of the agreement were acts of fraud, entitling the plaintiff to specific performance.

Section 5(8) IBC | Round-Tripping Transactions Without Time Value of Money Do Not Constitute Financial Debt : NCLAT
|National Company Law Appellate Tribunal

Section 5(8) IBC | Round-Tripping Transactions Without Time Value of Money Do Not Constitute Financial Debt : NCLAT

NCLAT rules that inter-group fund transfers lacking genuine credit disbursal or repayment obligation fail the 'financial debt' test under Section 5(8) of the Insolvency and Bankruptcy Code. The ruling shields corporate debtors from IBC proceedings where transactions are sham or circular, reinforcing the need for commercial substance in financial creditor claims.