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November 30, 2017

The Companies (Amendment) Bill, 2017: Understanding the Significant Changes Proposed in the Corporate Law Regime. [Muskan Agrawal] The author is a third-year student of National Law Institute University, Bhopal. On July 27, 2017, the Lok Sabha passed the Companies (Amendment) Bill, 2017 (hereinafter referred to as “the Amendment Bill”).  If passed by the Rajya Sabha, it would add a string of changes in the Companies Act, 2013 (hereinafter…

November 26, 2017

Authorized Person to Issue Demand Notice under the Insolvency and Bankruptcy Code, 2016. [Jai Bajpai] The author is a third-year student of School of Law, University of Petroleum and Energy Studies. The Insolvency and Bankruptcy Code, 2016 (“Code”) arrived at a critical stage where the banking industry was facing credit financing problems and had been looking for an efficient time-bound solution to the same. Having ushered in a new regime,…

November 16, 2017

Passage to Cheap Internet: A Case Study on Competition Commission’s decision in Airtel v. Reliance. [Anmol Gupta] The author is a second-year student of National University of Juridical Sciences, Kolkata. On September 1, 2016, the Reliance Industries under the aegis of Mukesh Ambani launched a new subsidiary Reliance Jio (‘Jio’) in the telecom sector. Jio, unlike its competitors- Airtel, Idea and Vodafone- offered Volte services to its customers,…

November 5, 2017

Employee of a Party Allowed as Arbitrator: Analyzing Aravali Power v. Era Infra Engineering. [Akshita Pandey] The author is a third-year student of National Law Institute University, Bhopal.] The preamble to the Arbitration and Conciliation Act, 1996 (hereinafter, “1996 Act”) states that it is an Act to amend and consolidate the law relating to domestic arbitration. The 1996 Act is based on the UNCITRAL Model Law on International…

November 1, 2017

Application of Natural Justice in Arbitral Proceedings. [M. Koshy Mammen] The author is a third-year student of Jindal Global Law School. Since arbitration is increasingly being favoured over litigation, it is imperative that the principles of natural justice which guide the judiciary should also be followed by arbitration when giving an award. This article examines whether the Arbitration and Conciliation Act, 1996 (“Act”) mandates the arbitral tribunal or…

October 12, 2017

Innoventive Industries v. ICICI Bank: A Creditor-Friendly Approach in Insolvency Law. [Sakshi Dhapodkar] The author is a fourth-year student of National Law Institute University, Bhopal. The Supreme Court on August 31, 2017 delivered its first substantive ruling under the Insolvency and Bankruptcy Code, 2016 (the “Code”). In the case of Innoventive Industries Ltd. v. ICICI Bank Ltd.,[1] the Supreme Court rejected a determined challenge to the insolvency proceedings put…

October 5, 2017

Indus Mobile Distribution Private Limited v. Datawind Innovations Private Limited: A Critique. [Shaalini Agrawal] is a third-year student of Gujarat National Law University. The seat of arbitration has various internal and external implications for the arbitral proceedings. One such implication is that the administration and control over the arbitration is done by the courts of the country where the seat is located. Such courts have the power to…

September 23, 2017

Minimum Public Float Under the Securities Contracts (Regulations) Act, 1956 [Ashlesha Mittal] The author is a student of National Law University, Jodhpur. The Securities Contracts (Regulation) Act, 1956 (SCRA) was enacted to prevent undesirable transactions in securities by regulating the business of dealings therein, and by providing for certain other matters connected therewith. Section 21 of the SCRA mandates all listed companies to comply with the conditions of…

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