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[ Himanshu Shembekar ] The author is a 2nd year student of NLU, Odisha Introduction The Department of Industrial Promotion & Policy (DIPP) on 26thDecember, 2018 released a notification revising the policy on the Foreign Direct Investment in e-commerce. The new notification has shocked the big e-retailers like Amazon, Flipkart, etc. This notification has affected the way B2B business activities take place in the e-commerce industry. The new notification...
[ Rahul Kanoujia ] The author is a 2nd year student of GNLU, Gandhinagar. Introduction: The most important feature of Insolvency and Bankruptcy Code, 2016[i] (hereinafter referred to as “IBC”) is the time bound resolution process, which tries to make sure that the process of resolution and liquidation does not suffer the trauma of never ending litigation. Such time bound resolution has been made possible through the introduction of...
[By Rohan Kohli] This Blog is part of a series of posts as a collaboration titled “KAIZEN” between the Centre for Business and Commercial Laws (CBCL), NLIU Bhopal and Law School Policy Review (LSPR). To view this blog on LSPR, please click here. Rohan Kohli is the Co-Convenor of CBCL and a 5th Year B.A. LL.B. Student at NLIU, Bhopal. The corporate governance discourse in India today has moved rapidly, especially with...
[Medhashree Verma and Kavya Lalchandani] The authors are 3rd year students of National Law University Odisha, Cuttack. Introduction The long-standing dilemma regarding the constitutionality of the Insolvency and Bankruptcy Code, 2016 (IBC) has been finally settled by the Hon’ble Supreme Court of India. In Swiss Ribbons Pvt. Ltd. & Anr v. Union of India,[i]the court answered all the issues regarding the constitutionality of the IBC and stands as a...
[ Vatsal Patel ] The author is a 3rd year student of Nirma University. Introduction The Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as“Act”) augmented by its 2018 Amendment Act[1](hereinafter referred to as“Amended Act”) has received wide-spread positive response from different sides of corporate sector.[2]The bringing in of the Act resulted in immediate shifting form a debtor-in-control regime to a creditor-in-control regime and is buttressed by a stipulated...
[ Sayak Banerjee ] The author is a 2nd year student of NLU, Jodhpur. The Specific Relief (Amendment) Act, 2018( the Act), published in the official gazette on 1stAugust, 2018 amends the Principal Act, the Specific Relief Act, 1963. The Act came with multitude of changes relating to the enforcement of contracts in India. The said Act was passed without discussing the importance of its impact in both Houses...
[Anmol Jain and Srishti Rai Chhabra] The authors are 3rd year students of NLU, Jodhpur. Introduction “The defaulter’s paradise is lost. In its place, the economy’s rightful position has been regained.” The Insolvency and Bankruptcy Cody, 2016 [“the Code”] received the official sanction[i]recognizing its constitutional tryst in entirety in quite a significant verdict. We still remember the packed courtroom to hear the amusing and intelligent arguments of the...
[Srijan Srivastava] The author is a 3rd year student of NLU, Jodhpur. Introduction “Counterclaims: An indispensible component of Investment Arbitration”. Counterclaims are the claims that are made by the respondent which retaliate the primary claims as put forth by the claimant. It basically lays down the defence of respondent by asserting a separate cause of action taken out by the claimants. It not only defends the respondent,...