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[By Soniya Raghuwanshi] The author is a student of Institute of Law, Nirma University. Introduction The Insolvency and Bankruptcy Code (IBC) of 2016 marked a significant shift from the previous rigid legal frameworks, focusing on a more holistic approach to insolvency. Unlike earlier statutes that concentrated on recovering loans, the IBC emphasizes loan restructuring, aiming to strike a balance between the interests of creditors and corporate debtors....
[By Ishita Chandra] The author is a student of Dr. B.R. Ambedkar National Law University, Sonepat. INTRODUCTION The liquidation of a corporation denotes the cessation of its activities, business endeavours, or existence upon its incapacity to settle its debts or obligations, owed to its creditors. Section 230 of the Companies Act empowers the liquidator, in the event of a company undergoing liquidation under the Insolvency and Bankruptcy...
[By Aditi Kundu & Prithviraj Chatterjee] The authors are students of Hidayatullah National Law University, Raipur. Introduction Passed on 11th August 2023, the Digital Personal Data Protection Act of 2023 (‘the Act’) envisages to regulate the intricacies of digital personal data processing. Once enforced, through this act the government aims to recognise the rights of individuals regarding their personal data and at the same time ensures personal...
[By Siddh Sanghavi] The author is a student of National Law University Odisha. Introduction The 22nd Law Commission on 5th March 2024 came out with its 289th report on “Trade Secrets and Economic Espionage”, wherein it suggested the need for special legislation to protect trade secrets and prevent economic espionage. The Law Commissiosn based on the report also came out with a draft bill titled the Protection...
[By Aayush Ambasht & Param Kailash] The authors are students of Symbiosis Law School, Pune. Introduction On March 7, 2024, corporate entities stood to witness an extensive development in the Indo-Mauritius Tax Treaty, with an amendment to its preamble and the introduction of the Principal Purpose Test (PPT), implying the requirement for tax authorities to look beyond ‘Tax Residency Certificates’ produced before them by investors from Mauritius....
[By Yatendra Singh] The author is a student of Dr Ram Manohar Lohia National Law University, Lucknow. Introduction In the complex landscape of competition law, uncovering and prosecuting cartels remains a formidable challenge worldwide. India’s recent introduction of the Competition Commission of India (Lesser Penalty) Regulations, 2024 marks a significant stride towards enhancing antitrust enforcement. This article explores how these regulations incentivise cartel disclosure through leniency provisions...
[By Dhananjay Dubey] The author is a student of Institute of Law Nirma University, Ahmedabad. Introduction A Non-Compete Agreement is a legally enforceable agreement in which the “Restricted Party” agrees not to participate in any competitive activities during and for a set period after the termination of their commercial relationship with the “Protected Party.” It is a common tool used by businesses to retain valued employees, protect...
[By Biraj Kuanar] The author is a student of National Law University Odisha. Introduction The recent amendments to the SEBI (Alternative Investment Funds) Regulations 2012, introduced by SEBI on 25 April 2024, when read along with the circular issued by the Securities and Exchange Board of India (SEBI) on 26 April 2024, aim to create a tectonic shift in the alternative investment landscape in India. The goal...