PUBLISHED BLOGS

Author: Amisha Singh, Third Year, Chanakya National Law University) With rampant globalisation at an unprecedented level, we see a new wave of industrialisation that largely revolves around technology and within the digital domain. This then creates a scenario that requires the State to ensure that this growth is not centred around a handful of entities … Continue reading Abuse of Dominant Position in Digital Markets: Challenges and Way Forward

Author: Pallavi Agarwal, 4th year, National Law School of India University (NLSIU), Bangalore A company’s management is a treasure house of extensive information about the company as well as other market players. It is surely desirable that the management puts that information to use only to further the interests of the company and its stakeholders. However, … Continue reading Usurpation of Corporate Opportunity by Directors: Expanding the contours of Fraud

Author: Ritu Raj, 4th year, Maharashtra National Law University, Nagpur Co-Author: Shruti Mandora, 3rd year, Maharashtra National Law University, Nagpur Background In the case of Vikram Puri (Suspended Director) v Universal Buildwell Pvt. Ltd. Company Appeal (AT) (Insolvency) No. 1018 of 2021 decided on 28th February, 2022 where National Company Law Tribunal affirmed the decision of … Continue reading Jurisdiction of Adjudicating Authority to issue Non-Bailable Warrant against Suspended Directors/Managements in case non-cooperation during Insolvency Proceedings

Authors: Varun Singh and Soumya Sharma Institution: Dr. B.R. Ambedkar National Law University, Sonepat With each wave of COVID-19, the topic of crisis cartels becomes even more relevant. The economy and market shutdowns follow each wave. The coming waves will be no different. Which begs the question: Can the Indian economy, particularly the worst hit … Continue reading Crisis Cartels: A Calamity Conundrum

Author: Debayan Samanta Institution: KIIT School of Law ABSTRACTEconomic reforms in India resulted in significant changes in the corporate sector, resulting in a significant rise in mergers and acquisitions operations in the country. In India, there has been an increase in both in-country and cross-border M&As as a result of shifting government rules and the … Continue reading Critical Analysis of Evolution of M&A in India

 Author: Kartikeya Chaturvedi Institution: Lloyd law college INTRODUCTION This article focuses on the merger contract which happened between two corporate sector companies namely FTIL (Financial Technologies India Limited) and NSEL (National Spot Exchange Limited). This article will focus on how these two got merged, the reason for merging and the road up ahead. Financial Technologies … Continue reading THE MERGER CONTRACT BETWEEN FTIL AND NSEL: CRITICAL ANALYSIS

Author: Archi Jain Institution: School of Legal studies Lnct University Bhopal Introduction India is the primary country in the world to make Corporate Social Responsibility [CSR] compulsory, following an amendment to the Companies Act, 2013 in April 2014. Organisations can put their benefits in regions like poverty, equality and hunger as a component of any … Continue reading Impact Of CSR Mandate on Indian Companies

Author: Rani Kumari Institute: School of legal studies, LNCT University Bhopal Introduction  The legitimacy of and necessity for the confiscation of uncertainty clause, is noted as Henry 8th clause, has been a bone of dissension in numerous jurisdictions, the new one is HENRY 8th clause in the ‘THE GREAT REPEAL OF BRITAIN’  In march,2017 A … Continue reading AMEMDNENTS BY STEALTH: MCA Resurrects Henry 8th Legacy

Author: Palak INTRODUCTION Arbitration is a process where disputes are admitted to an arbitrator gives binding decisions as a neutral party. On the basis of the judgment given by the arbitration tribunal an award may be provided, which is termed as an Arbitral Awards. The Arbitration and Conciliation Act, 1996 is the foremost legislation which … Continue reading SUPREME COURT’S PRO-ENFORCEMENT OUTLOOK WITH RESPECT TO FOREIGN ARBITRAL AWARDS IN INDIA

Author: Meghraj Sunil Bhosale Institution: NMIMS Kirit P Mehta School Of Law, Mumbai What is G7?  A Group of seven or G7 is a consortium of 7 of the world’s advanced and largest economies. They are United States, UK, Germany, France, Italy, Canada, Japan. What is G7 corporate tax deal?  The finance ministers of those … Continue reading G7 tax deal and its effect in developing and poor countries.

Name- Yamini Shekhawat Institution- Mody University of Science and Technology Course- B. Com LL. B Branch- Law Email I’d- yaminishekhawat2001@gmail.com ABSTARCT If we dig deep into the world of Corporate, one of its most crucial and controversial topics is “The Principle of Corporate Veil”. The ‘Principle of Corporate Veil’ is based on the legal principle … Continue reading Separate legal entity, lifting & piercing of the corporate veil

NAME:  DEEPANAASHRI.K INSTITUTION:   TAMILNADU DR AMBEDKAR LAW UNIVERSITY .       SCHOOL OF EXCELLENCY IN LAW. COURSE:            BA.LLB (HONS) IIIRD YEAR         BRANCH:        LAW EMAIL ID:         DEEANAA143@GMAIL.COM INTRODUCTION: “If conservation of natural resources goes wrong, nothing else will go right”. Industrialization main focus are economic … Continue reading Environmental law and corporate governance- What are the obligations of companies towards the environment ?

Author: Archi Jain Institution: School of Legal studies LNCT University Bhopal IntroductionThe Security Exchange Board of India (SEBI) since its foundation had the essential intention to ensure the financial backers and has been controlling the market and forcing punishments on the individuals who have ulterior thought processes. The term “delisting” of securities implies removal or … Continue reading SEBI Delisting Regulations, 2021

Author: Kohina Bhargava Institute – Government New Law College, Indore The term “reverse piercing of the corporate veil” refers to the doctrine which differentiates between a company and its shareholders/members. This doctrine is similar to the doctrine of piercing the corporate veil. It is a concept under the California law. It’s a new concept, which … Continue reading Reverse Piercing of the Corporate Veil in India

Author: Devina Srivastava The concept of social distancing, being widely practiced as a safety measure against Covid-19, is not all that new in the world of corporate governance. Independent directors have been ideated as directors who are distanced from the promoters / management and are free from any vested interest in the company. To strengthen … Continue reading Analysing New LODR Amendments Governing Independent Directors

Author: Shreya Singh College: Lloyd Law College, Greater Noida Introduction Over the past few years, India has undergone a massive digital transformation. From booking flights to paying your bills, everything is possible with just a few clicks on our smartphones. Mobile applications have significantly made human life easy and provided them with everything at their … Continue reading INSTANT CASH OR INSTANT TRAP – WHERE ARE YOU HEADED?

Author & Designation: Pooja Jiwrajka, Professional Chartered Accountant  Introduction Indian Depository Receipts (IDRs) are financial instruments that are tradable on one or more approved stock exchanges in India. While this financial instrument is issued by an Indian Depository, it derives its value from the underlying assets that are in the form of equity shares of … Continue reading Article 22 under India Mauritius Tax Treaty: Critical Analysis of Morgan Stanley Case

Author: Bhavuk Bansal 1st year BCom.LLB (Hons.) UILS Panjab University, Chandigarh Civil Appeal No.: 4193 of 1995 Decided on: 4thApril 1995 Bench: Justice B.P. Jeevan Reddy and Justice Sujata V. Manohar Introduction Laxmi Engineering Works v. P.S.G Industrial Institute is a landmark judgment that defined the term ‘consumer’. In this case, the Supreme Court had … Continue reading LAXMI ENGINEERING WORKS V. P.S.G. INDUSTRIAL INSTITUTE: AMBIT OF COMMERCIAL PRURPOSE UNDER CONSUMER DEFINITION

Author: Samay JainCollege = Institute of Law, Nirma University, AhmedabadYear = IInd Year Introduction Against the backdrop of the economic downturn caused by the Covid-19 pandemic, the Finance Minister (“FM”) presented her promised “never like before Budget,” with the goal of encouraging economic development through increased expenditure on healthcare and infrastructure. Under the Finance Bill, … Continue reading Budget 2021: A Difficult Road Ahead for Mergers & Acquisition Transaction

Author: Hansaja Pandya College: Gujarat National Law University A recent wave of investor activism in India was witnessed when the Institutional Investor of Fortis Healthcare pushed for removal of the company’s 4 directors due to continuing record of low sale proceeds and siphoning of funds by its promoters. The Institutional Investors also appointed the new … Continue reading SEBI STEWARDSHIP CODE, 2019: THE GOOD, BAD & THE UGLY (Part II)

Author: Hansaja Pandya College: Gujarat National Law University India has never had a rich history of investor activism1 owing to the age-old tradition of family owned business which give out only small stakes to other shareholders. Even when stakes were given out to institutional investors, they were government owned pension funds, mutual funds or insurance … Continue reading IMPACT OF THE SEBI STEWARDSHIP CODE, 2019: THE GOOD, BAD & THE UGLY(Part I)

Author: Riya Jain College and Year: Damodaram Sanjivayya National Law University, Visakhapatnam; 6th Semester BackgroundThe assessee filed an appeal about the tax implications of foreign exchange fluctuation gains resulting from the repayment of a personal loan. It was argued by the Revenue that it is indeed part of “income from other sources” and hence taxable.FactsMr. … Continue reading Redefining the Receipt of Gain through Personal Loan to Foreign Relative: A Critical Analysis of Aditya Balkrishna Shroff v. ITO (ITAT Mumbai)

Author: Pranav Karwa College and Year: National Law University, Jodhpur; 4th year B.B.A.L.L.B(Hons.) Introduction: – The Central Government (Hereinafter “CG” vide notification dated 15th November 2019 has notified third part of the IBC, 2016 (Hereinafter “Code”) from the 1st of December, 2019.The effect of notifying this part is that once Corporate Insolvency Resolution Process (CIRP) … Continue reading EXPANSION OF THE AMBIT OF THE IBC TO INCLUDE PERSONAL GUARANTORS

By Aditya Anand The author is a student of NLU Delhi The Supreme Court of India, while deciding upon the issue of the pending ‘Adjusted Gross Revenue’ on behalf of the telecom companies, in the judgment Union of India v Association of Unified Telecom Service Providers of India[1] had to broaden its ambit and scope … Continue reading The ‘Spectrum’ Debate & Applicability of IBC on Telecom Spectrum – An Analysis of Union of India v Association of Unified Telecom Service Providers of India

By Vidya Kamath Author is a 3 rd year B.B.A.,LLB student of Shri Dharmasthala Manjunatheshwara Law College and Centre for Postgraduate Studies & Research in Law, Mangaluru The insertion of Section 12 A [1]of IBC has opened floodgates for petitions under IBC for the defaulters and corporate debtors, as Corporate Insolvency Resolution Process (hereinafter referred … Continue reading Withdrawal of Application Prior to Constitution of Committee of Creditors

Author: Devesh Badoliya Co-author: Gurdeep Singh, Year & Course: 4th Year B.A. LL.B. (Hons.) College: Rajiv Gandhi National University of Law, Punjab. Abstract In this blog, we have discussed the issue of dominant position concerning competition law. It is a necessary implication after reading Section 4 of the Competition Act, 2002 that only one group … Continue reading EXIGENCY OF INDIAN COMPETITION LAW: ABUSE OF SINGLE DOMINANCE, ANTI-COMPETITIVE PRACTICE

By Avik Sarkar College- K.L.E Society’s law college, Bengaluru 4th-year, 7th semester of 5 years BBA-LLB Abstract Google is a multinational miscellany of various internet-related services and products. Though Google offers a wide range of free services to its customers, it derives most of its income from various enterprises that choose to advertise themselves on … Continue reading Gmail and Google Meet: Lacunae in Section 4 of the Competition Act,2002

By Prarthana Saha 3rd year Law student at Christ Academy Institute of Law, Bengaluru Abstract Narandas Morardas Gaziwala v. S. P. Papammal revolves around Agency under Indian Contract Act 1872 and Section 92 of Indian Evidence Act 1872. The present paper aims to cover the ambit of equitable right of the agent to sue the principal … Continue reading Enforceability of Oral Agreement in analysing the case Narandas Morardas Gaziwala vs. S. P. AmPapammal

By Simrandeep Kaur Amity Law School, Noida Introduction E-Commerce is a site where different business firms and individuals sell their products online through a web portal. Online shopping is trending in India. This website provides massive discounts on products during festivals, occasions, and free home delivery services. However, the services’ impact on the traditional markets … Continue reading Ahuja v. Snapdeal: Decoding the E-Commerce Anomaly

By Sneha Murali School of legal studies, Cusat, Ernakulam Legal personality has been regarded as one of the essential characteristics of modern corporations. Legal rules make each individual a distinct legal entity, meaning that she has the authority to enter into contracts in her name and that she owns a pool of assets (her property) that bonds … Continue reading Entity shielding and the rule of debt-follow-asset and its benefits.

M.Gnana Deepika  Bba LLB(Hons)(School of Excellence in Law)  A CS professional student  Introduction Insolvency and Bankruptcy Code was enacted in 2016 to resuscitate both the Creditor and the Corporate Debtor. This Code consolidates and amends the provisions relating to Insolvency petitions’ filing for liquidation of companies, partnership firms, limited liability partnerships, and individuals in single … Continue reading IBC Amendment 2018 & 2019:A boon or a bane

ANUKRITI JAWANDHIA, B.B.A LL.B-4th YEAR.,  MODY UNIVERSITY, RAJASTHAN. The Corporate personalities are engaged in the heat of Growth, Expansion, and Diversification, making it more vulnerable to commit such illegal acts. In the era of several corporate scams and the initiation of legal proceedings against company directors, including the independent Director, it becomes significant to understand … Continue reading Is a Company Vicariously Liable for Tortious Actions of its Directors?

Sneha Murali School of legal studies, Cusat, Ernakulam A company carries on business with the capital furnished by persons who buy its shares. The contributors of capital are not in direct control of its application. The directors and superior officers of the Company utilize the funds contributed by the shareholders. Therefore, the company act provides … Continue reading Rights and duties of auditor’s: What an auditor does and doesn’t