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[By Siddharth Melepurath] The author is a student of National Law University Odisha. Introduction Recently, the Securities and Exchange Board of India (“SEBI”) released a consultation paper in which it proposed measures to curb speculative activity in Futures and Options (“F&O”) trading. Speculative trading involves taking guesses at the direction in which the market will go and trying to make money from an unexpected market volatility. SEBI...
[By Jainam Shah & Ayush Raj] The authors are students of Gujarat National Law University. Introduction In the rapidly evolving market of India’s digital economy, the Digital Competition Bill of 2024 has emerged as a contentious piece of legislation. It aims to regulate Systemically Significant Digital Enterprises (‘SSDEs’) in India through ex-ante regulations and seeks to ensure fair competition while preventing anti-competitive practices in digital markets. However,...
[By Rajnandan Gadhi & Aadithya J Nair] The authors are students of The National University of Advanced Legal Studies, Kochi. Introduction The Micro, Small and Medium Enterprises Development Act, 2006 (‘the Act’) was envisioned by the Government of India in its quest “to make provisions for ensuring timely and smooth flow of credit to small and medium enterprises to minimise the incidence of sickness among and enhancing...
[By Sunidhi Kashyap] The author is a student of Rajiv Gandhi National University of Law, Punjab. Introduction A failed attempt at acquiring a healthcare company involved in developing early cancer detection tests, led to an interesting take on the European Union Merger Regulation (“EUMR”). Illumina, an American biotechnology company manufacturing and selling next generation sequencing (“NGS”) systems, used in developing blood-based tests to detect cancer, wanted to...
[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...