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Regulatory challenges faced by Equity based Crowd-funding Platforms. [Amala George] The author is a 5th year student of B.A.LLB (Hons.) of ILS Law College, Pune. What is Crowdfunding? With the rise of the Internet, a new method of fund raising has emerged- Crowdfunding. Crowdfunding is the solicitation of funds from multiple investors through web-based platforms.[1] Different kinds of organisations including NGOs, small companies and business ventures use Crowdfunding…
The Judicial Debate on Discharge of Surety. [Debanga Goswami] The author is a 4th year student of B.A.LLB (Hons.) of NUJS, Kolkata. Introduction According to Section 126 of the Indian Contract Act, 1872, (hereinafter referred to as “the Act”) a surety is a person who provides a guarantee in a contract of guarantee.[1] The same section defines a contract of guarantee as a contract to “perform the promise,…
Sandpapergate: ICC’s Failure to Save the Spirit of the Game from Orchestrated Cheating. [Harshit Anand] Mr. Harshit Anand works at Khaitan & Co, Kolkata and deals with Real Estate and Corporate matters. He may be reached at [email protected]. Introduction In the annals of finance, the promulgation of the Fugitive Economic Offenders Bill, 2018 (“the Ordinance”) is being lauded as another bold step of the government after the Insolvency…
Sandpapergate: ICC’s Failure to Save the Spirit of the Game from Orchestrated Cheating. [Ankit Sharma] Ankit Sharma is a 4th year student of B.Com.L.L.B (Hons.) at Gujarat National Law University. Introduction Given the evidentiary problems in insider trading cases, SEBI has resorted to the use of presumptions in its enforcement of the SEBI (Prohibition of Insider Trading) Regulations[1]. Hence, if an insider trades in securities whilst in the…
Effects of the Amendment of the Arbitration & Conciliation Act, 1996. [Siddhart Jain] The author is a 2nd year student at DSNLU, Visakhapatnam. Introduction With the growth of legal awareness amongst the general populous, there is a rise in the number of suits pending before courts. The inability of courts in the speedy disposal of cases has led to a rise in the trend of using arbitration as a…
IBC Ordinance; Home Buyers to be Treated as Financial Creditors [Riya Goyal] The President has recently given his nod to promulgate an ordinance amending the insolvency law, recognising homebuyers as financial creditors to real estate developers. This settles a long drawn controversy created by various conflicting court decisions regarding the status of homebuyers as being financial or operational creditors, which was further deepened by the IBBI issuing a…
Reconciling Stock Exchange Regulations with Insolvency and Bankruptcy Code, 2016: Analysis of Amendments in SAST Regulations and Delisting Requirements. [Ishaan Chopra] Ishaan Chopra is a 3rd year B.A.LLB. (Hons.) student at NLIU, Bhopal Section 30(2)(e) of the Insolvency and Bankruptcy Code stipulates that the resolution plan should be compliant with all the existing provisions of law. Accordingly, the regulations prescribed by Security and Exchange Board Of India (SEBI)…
Match Fixing: Need for a Better Legislation. [Saumya Agarwal] The author is a 3rd year B.A.LLB (Hons.) student of NLIU, Bhopal Introduction Match fixing has become a part and parcel to almost every existing sport in the world and has flexed its arms to tarnish the basic ethnicity of the term Sports. Oxford dictionary defines sports as: “an activity involving physical exertion and skill in which an individual…