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[By Vedant Sharma] The author is a student of National Law University Odisha. INTRODUCTION The Indian Courts have consistently aimed to protect the substantial rights of the citizens. A presumption has been adopted in the Indian Jurisprudence by courts against the retrospective legislation unless the parliament manifest a clear intention for the law to have a retrospective effect. The issue of retrospective law could be traced back…
[By Anubhav Patidar] The author is a student at Narsee Monjee Institute of Management Studies. Introduction In an era of increasingly sophisticated financial crimes, regulatory bodies worldwide are intensifying their efforts to combat money laundering and terrorist financing. On 06 June 2024, the Securities and Exchange Board of India (SEBI), proposed a comprehensive Master Circular (Circular) on Anti-Money Laundering (AML) Standards and Combating the Financing of Terrorism…
[By Paavanta & Samriddhi Mishra] The authors are students at National Law University Odisha. INTRODUCTION Securities and Exchange Board of India (SEBI) recently amended the SEBI (Alternative Investment Funds) Regulations 2012 (AIF Regulations) regulation to enhance ease of doing business. To provide more flexibility to Category I and II Alternative Investment Funds (AIFs), SEBI has allowed to create encumbrance on their holding in certain infrastructure companies. This was done to facilitate the raising…
[By Sparsh Srivastava] The author is a student at National Law University Odisha. Introduction Earlier this year, the Supreme Court of India was presented with a pivotal question: Does Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code 2016 (“IBC”), as amended in 2019, entitle a dissenting financial creditor to be paid the minimum value of its security interest? The implications of this question are significant for the…
[By Anirud Raghav] The author is a student at NLSIU, Bangalore. Introduction Even after two decades of competition jurisprudence, questions regarding the scope and applicability of s.3 of the Competition Act (hereinafter, “the Act”) persist. Briefly put, s.3 prohibits anti-competitive agreements, and is an indispensable feature of global competition jurisprudence (see Art.101 TFEU, s.2 of UK Competition Act, 1998 inter alia). A key unresolved issue is whether…
[By Kushagra Dwivedi] The author is a student at Dr. Ram Manohar Lohiya National Law University. INTRODUCTION Escrow agreements are a dominant payment mechanism for M&A transactions. Escrow agreements are a form of deferred payment where the consideration for a contract is payable at a future date rather than the date of disposal of asset. With the advent of the new Union Budget being so focused on…
[By Devina Somani & Manikya Manaswini] The former is a student at Jindal Global Law School and the latter is a practising lawyer. The Merger Motive: What was Behind the Strategic Union of Zee and Sony? On 22nd December 2021, a Merger Corporation Agreement was entered into between, Zee Entertainment Enterprises Limited (“ZEEL”), Bangla Enterprises Private Limited (“BEPL”) and Sony Pictures Entertainment Networks (“SPNI”). The merger between…
[By Ansh Chaurasia & Mudrika Jha] The authors are students of Dr. Ram Manohar Lohiya National Law University, Lucknow. INTRODUCTION The Reserve Bank of India (hereinafter, ‘RBI’) has released the final Framework for Self-Regulatory Organisations (SROs) for FinTech Sector (hereinafter, ‘Framework’) on May 30, 2024, after releasing the draft for the same on January 15, 2024. The principle underlying the proposed Framework can be traced back to 2018…