Author: cbclseconduser

  • Implementation of Bill C-18 Framework in India

    Implementation of Bill C-18 Framework in India

    [By Ashutosh Chandra] The author is a student at the Jindal Global Law School. Introduction: Recently the Canadian Parliament introduced the Bill C-18. The law aims to bring about fairness in the Canadian digital news ecosystem and make sure that the system can support itself. This is done by regulating commercial interactions between digital intermediaries and news…

  • Determining the Applicable Law: Case of Non-Signatory to Arbitration Agreement

    Determining the Applicable Law: Case of Non-Signatory to Arbitration Agreement

    [By Tanish Gupta and Shubham Gandhi] The authors are students at the National Law University, Jabalpur. In an intriguing case of Lifestyle Equities CV v Hornby Streets (MCR) Ltd., the English Court of Appeal, in addition to other issues, was called upon to decide the applicable law in determining the binding effect of the arbitration agreement on a…

  • Whether Resolution Professional has Adjudicatory Power in the CIRP Process?

    Whether Resolution Professional has Adjudicatory Power in the CIRP Process?

    [By Vinay Sachdev] The author is a student at the Unitedworld School of Law, Karnavati University. Background  In the Corporate Insolvency Resolution Process (“CIRP”) initiated under the Insolvency & Bankruptcy Code 2016, the claim is the most important factor to be taken in the Resolution Plan for the Corporate Debtor. The provisions of the Code strive to protect…

  • ‘Rainbow Papers’- A Jolt to the IBC

    ‘Rainbow Papers’- A Jolt to the IBC

    [By Shalin Ghosh] The author is a student at the Maharashtra National Law University (MNLU), Mumbai. Introduction The Insolvency and Bankruptcy Code, 2016 (“IBC”) has been a watershed reform for the Indian economy, being one of the most comprehensive laws governing insolvency and credit recovery matters in the country. The interplay between tax law and IBC has…

  • Analysing The Conundrum Vis-à-Vis Shareholder’s Right to EGM

    Analysing The Conundrum Vis-à-Vis Shareholder’s Right to EGM

    [By Yagn Purohit and Vishesh Gupta] The authors are students at the Institute of Law, Nirma University. Introduction In India, the directors are bound to call and convene an EGM on requisition made by shareholders under section 100 of the Companies Act, 2013 (hereinafter CA, 2013) if such requisition is compliant with procedural requirements u/s 100.  However, Zee…

  • RBI Guidelines on Digital lending – A boon to the digital borrowers?

    RBI Guidelines on Digital lending – A boon to the digital borrowers?

    [By Sahana R] The author is a student at the School of Law, Christ University, Bangalore. Introduction The process of providing loans on an online platform is termed to be digital lending. The distinction between digital lending and traditional lending methods would be using digital technologies regarding loan approval, repayment, and service. According to a study, there…

  • RBI’s Shield for Borrowers against Digital Lending

    RBI’s Shield for Borrowers against Digital Lending

    [By Rajeev Dadhich] The author is a student at the Institute of Law, Nirma University. The Digital Lending route has acquired prominence, which raised Reserve Bank of India’s  (“RBI”) concerns over the unbridled engagement of third parties, mis-selling, breach of data privacy, unfair business conduct, charging of exorbitant interest rates, and unethical recovery practices. To curb these…

  • A Case for Regulatory Sandboxes for Cryptocurrencies: Regulatory Theory and Lessons from  Foreign Jurisdictions

    A Case for Regulatory Sandboxes for Cryptocurrencies: Regulatory Theory and Lessons from Foreign Jurisdictions

    [By Sarthak Virdi] The author is a student at the National Law School of India University, Bangalore. Introduction Regulatory Sandboxes (RS) are artificial environments used to test innovations and have been relied on in the fintech sector. The RBI defines them to be testing environments with regulatory relaxations, the purpose of which is to gauge the…

  • Recovery of Indirect Taxes and Duties Post Imposition of Moratorium: Resolving the Legal Quagmire

    Recovery of Indirect Taxes and Duties Post Imposition of Moratorium: Resolving the Legal Quagmire

    [By KV Kailash Ramanathan] The author is a student at the National University of Advanced Legal Studies, Kochi. Introduction In recent years, the legal fraternity has witnessed a befuddling tug-of-war between tax authorities on one hand and the Corporate Insolvency Resolution Process on the other. The battle runs for the recovery of taxes and dues payable…

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