Author: cbclseconduser

  • Defending RBI’s MD-PPI On Buy-Now-Pay-Later Lending: A Case For Regulatory-Proportionality

    Defending RBI’s MD-PPI On Buy-Now-Pay-Later Lending: A Case For Regulatory-Proportionality

    [By Sukarm Sharma] The author is a student at the National Law School of India University, Bengaluru. Introduction Buy-Now-Pay-later (“BNPL”), as the name indicates, is a point-of-sale credit mechanism, where consumers can purchase a product immediately, and pay it off in various installments. This is enabled by a third-party fintech firm. The fintech firm pays for the…

  • Poison that Indian Corporates Need: About Time to Bring ‘Poison-Pill’ in India?

    Poison that Indian Corporates Need: About Time to Bring ‘Poison-Pill’ in India?

    [By Shaurya Singh and Sanya Goel] The authors are students at the Jindal Global Law School, Sonipat. The shareholder rights plan, commonly known as the ‘Poison-pill’ is a strategy used to defend against a hostile takeover by issuing new shares at discount to the existing shareholders other than the acquirer. This dilutes the shareholding of the acquirer…

  • Mandatory Nature of Pre-show Cause Notice- A Silver lining For Tax Reforms?

    Mandatory Nature of Pre-show Cause Notice- A Silver lining For Tax Reforms?

    [By Priyanshi Jain] The author is a student at the Institute of Law, Nirma University. Introduction A show-cause notice consists of a prima facie opinion by the tax department with respect to the offence made out against a taxable person. The aim of pre-show cause notice is to reduce the burden of unnecessary litigation before issuing the…

  • Supreme Court Settles Jurisdictional Conundrum for Appeals from ITAT Orders

    Supreme Court Settles Jurisdictional Conundrum for Appeals from ITAT Orders

    [By Harshit Joshi] The author is a student at the Vivekananda Institute of Professional Studies. An appeal was brought before the Supreme Court in which both the Delhi High Court and the Punjab & Haryana High Court refused to have territorial jurisdiction over the dispute due to a difference of opinion and dismissed appeals filed before them.…

  • Are Pre-closing Covenants Anti-Competitive?: Separating Gun Jumping from Pre-closing Covenants

    Are Pre-closing Covenants Anti-Competitive?: Separating Gun Jumping from Pre-closing Covenants

    [By Pranay Agarwal] The author is a student at the Gujarat National Law University. Introduction The process of merger and acquisition is not consolidated in India and still remains a practical aspect influenced more by the business practices and the consensus between the entities. One of the important aspects of this process is the Share Purchase Agreements…

  • ‘Vidarbha Industries’- A Problematic Interpretation

    ‘Vidarbha Industries’- A Problematic Interpretation

    [By Shalin Ghosh] The author is a student at the Maharashtra National Law University, Mumbai. Introduction The Insolvency and Bankruptcy Code, 2016 (“IBC”) contemplates the initiation of insolvency proceedings only by financial and operational creditors under Section 7 and Section 9 respectively. Section 7 (5) (a), in particular, triggers the insolvency process for financial creditors, once the…

  • Competition (Amendment) Bill 2022- Amiss for Cartel Enforcement?

    Competition (Amendment) Bill 2022- Amiss for Cartel Enforcement?

    [By Prakriti Singh] The author is a student at HNLU. The Indian Competition Law Regime is bracing for the first amendment to the Competition Act, 2002. The Competition (Amendment) Bill, 2022 has proposed substantial changes for both the arms of the Indian Competition Law Regime, i.e., merger control and cartel enforcement. Cartels are considered to…

  • Analyzing the Competition Amendment Bill vis-a-vis Regulation of Digital Market

    Analyzing the Competition Amendment Bill vis-a-vis Regulation of Digital Market

    [By Akrama Javed and Aditya Maheshwari] The authors are students at the Gujarat National Law University. Introduction Recently, after a coon’s age of introduction of the Draft Competition (Amendment) Bill, 2020, the legislature introduced the Competition (Amendment) Bill, 2022 (hereinafter as “Bill”), wherein certain changes in the present legal regime have been incorporated. The Bill so proposed…

  • Investors’ Confidence – An Indispensable Exigency for Securities Markets

    Investors’ Confidence – An Indispensable Exigency for Securities Markets

    [By Aditya Maheshwari and Kaushlendra Pratap Singh] The authors are students at the Gujarat National Law University, Gandhinagar. Introduction The securities market (“market”) is a gravitating concept modulated by various controllable and uncontrollable factors. One of the significant aspects of the flourishment and progression of the market is the role of investors’ confidence in the market and…

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