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Subsequent Effect of Moratorium: Jeopardising the Rights of an Innocent Litigant. [Vishal Hablani] The author is a second-year student at West Bengal National University of Juridical Sciences, Kolkata. He may be reached at vishalhablani@nujs.edu. On 11th December, 2017, the High Court of Delhi held that moratorium under the Insolvency and Bankruptcy Code, 2016 (“Code”) would not be applicable to proceedings beneficial to the concerned corporate debtor. However, in...
Bail-In Clause in the FRDI Bill: Is the Hysteria Justified? [Ayushi Singh] The author is a third-year student at National Law University, Jodhpur. “I can assure you, my friends, that it is safer to keep your money in a reopened bank than it is to keep it under a mattress.” – Franklin D. Roosevelt (March 12, 1933) The Financial Resolution and Deposit Insurance Bill, 2017, approved by the Cabinet, has been in...
Comparative Analysis of Anti-Profiteering Laws under GST– Lessons for India. [Ayushi Singh] The author is a third-year student at National Law University, Jodhpur. Anti-Profiteering[1] in relation to the new Goods and Services Tax (GST) regime ensures that the consumers reap the benefits of the tax reductions and the input tax credits (ITC) claimed by businesses in the form of reduced prices. The provision has caused a storm of...
Power of National Courts to Injunct Investment Arbitration Proceedings: The Indian Position. [Chandni Ghatak] The author is a fourth-year student of National Law University, Jodhpur. The article has been authored under the guidance of Mr. Kartikey Mahajan, an Associate at Kirkland & Ellis LLP. International arbitration works on a sentiment of non-restraint which domestic courts ought to exhibit in relation to such proceedings. However, parties to international treaties...
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...
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,...
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,...
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...