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[Jayesh Karnawat & Kritika Parakh] The authors are 3rd year students at NLU, Jodhpur. Abstract The globalization of business enterprises has evolved with time, leading to businesses having assets and liabilities which are spread over the globe. This, in turn, has raised complex issues and intricacies pertaining to cross-border insolvencies in different situations. For these situations, ascertainment of the law to be applied, the jurisdiction where the proceedings...
[Mreganka Kukreja] The author is a 4th year student of SLS, Pune. Introduction The seat versus venue debate, owing to the simultaneous convergence and polarity of the two theories, has been a matter of long-standing deliberation before the courts. The Indian Judiciary in the case of Union of India v. Hardy Exploration and Production (India) Inc., [1] was once again required to substantiate the relationship between...
[By Ambarin Munir Khambati ] 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. Ambarin Munir Khambati is a 3rd-year student of NLSIU, Bangalore and an Editor at LSPR. The RBI crackdown on the top management of several banks, and most recently on YES Bank...
[Akash Anurag & Aman Gupta] The authors are 4th and 3rd year students respectively of NLU, Jodhpur Introduction The Ministry of Corporate Affairs (hereinafter referred to as the MCA) through a notification dated July 4, 2018 has granted a 3 year extension to the already existing exemption to Vessel Sharing Agreements[i] (hereinafter referred to as VSA) from the purview of Section 3 of the Competition Act,2002[ii], which...
[Venkata Sai Aditya Santosh Badana] The author is a 4th year student of ICFAI Law School, Dehradun. Introduction: Several years ago, “The Economist Magazine” noted that data, particularly consumer data, had become “the new raw material of business: an economic input almost on a par with capital and labors.” The choice of buzzwords in the instant interplay between antitrust and the digital economy, however, is not merely...
[By Vartika Tiwari] 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. Vartika Tiwari is a 3rd-year student of NLIU, Bhopal and a member of the Centre for Business and Commercial Laws. Earlier this year, Infosys Ltd. (“Infosys” or “the...
[Devina Srivasatava] Devina is a 4th year BBA LL.B. (Hons.) student at Symbiosis Law School, Pune. Introduction In the recent case of Bhagavan Das Dhananjaya Das v. Union of India[1], decided on 3rd August, 2018, the Madras High Court has set a significant precedent for matters concerning disqualification of directors under Section 164(2) of the Companies Act, 2013 (“2013 Act”). Various petitions were clubbed by the Madras...
[Ishita Vyas and Akash Srivastava] Ishita & Akash are 5th year students at HNLU, Raipur. Introduction The ‘White Paper on Black Money’ prepared by the Ministry of Finance in May 2012 categorically stated that black money has a “debilitating effect on the institutions of governance and conduct of public policy in the country”[1]. The Govt. of India has been persistently fighting against the menace of black money...