Category: Guest Posts

  • THE JET AIRWAYS JUDGMENT AND NEW RAY OF HOPE FOR WORKMEN AND EMPLOYEES

    THE JET AIRWAYS JUDGMENT AND NEW RAY OF HOPE FOR WORKMEN AND EMPLOYEES

    Swarnendu Chatterjee and Anwesha Pal. [The authors are Advocate-On-Record, Supreme Court of India and PhD Scholar and Teaching Assistant at the West Bengal National University of Juridical Sciences, Kolkata (WBNUJS) respectively.]   Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “Code”), since its enforcement in December 2016, has been somewhat successful in the resolution…

  • Deal value threshold for combinations

    Deal value threshold for combinations

    [By Viplav Agrawal] The author is an Associate at AP & Partners. Introduction to the combination thresholds Competition law governs the combination which has the potential to hamper the competition in a relevant market. The combination, as per the Competition Act, 2002 (“the Act”), is referred to as the acquisition of one or more enterprises or merger…

  • Validity of Recovery Actions against Guarantor Post Assignment of Debt

    Validity of Recovery Actions against Guarantor Post Assignment of Debt

    [By Arjun Makuny] The author is an Insolvency and restructuring lawyer. Introduction                  The rights of creditors have been severely weakened due to a recent order of the Debts Recovery Tribunal at Ahmedabad (DRT) in State Bank of India v. Prashant Ruia.[i] The DRT ruled that a creditor cannot sue the guarantor if the principal debt…

  • Is the Remedy of Substituted Performance truly a Novel Remedy?

    Is the Remedy of Substituted Performance truly a Novel Remedy?

    [By Aman Sadiwala] The author is an associate at Rashmikant and Partners. The contract enforcement mechanism of India has been subject to criticism for being inefficient. This was reflected in the World Bank’s Ease of Doing Business Report 2016 where India ranked 130th overall and 178th on contract enforcement (out of 189 countries).[1] This spurred the…

  • Corporate Board Gender Diversity in the Shadow of the Controlling Shareholder

    Corporate Board Gender Diversity in the Shadow of the Controlling Shareholder

    [By Dr. Akshaya Kamalnath] The author completed her graduation from NALSAR University of Law, Hyderabad, and her post-graduation from New York University (NYU). The author is currently a lecturer at Auckland University of Technology, Law School, New Zealand. Dr. Kamalnath runs a blog named The Hitchhiker’s Guide to Corporate Governance which can be accessed here.…

  • Re–Examining the Domestic Tax Scenario in a Pandemic (Part 2)

    Re–Examining the Domestic Tax Scenario in a Pandemic (Part 2)

    [By Mohit Gupta] The author is a PhD Researcher at Centre for the Study of Law and Governance, Jawaharlal Nehru University, New Delhi. To read Part 1 of the article, please click here. Now, if one talks about the indirect taxes in the country then there are various types of indirect taxes that were levied…

  • Re–Examining the Domestic Tax Scenario in a Pandemic (Part 1)

    Re–Examining the Domestic Tax Scenario in a Pandemic (Part 1)

    [By Mohit Gupta] The author is a Ph.D. Researcher at Centre for the Study of Law and Governance, Jawaharlal Nehru University, New Delhi. There are various types of taxes levied by the government which can broadly be categorized into two categories – Direct and Indirect Taxes. Direct Taxes are those taxes for which the burden…

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