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[By Aditya Vaid & Anvita Sharma] The authors are students of Jindal Global Law School. Introduction In a significant ruling in the case of Ansal Crown Heights Flat Buyers Association (Regd.) v. Ansal Crown Infrabuild Private Limited and Others (“the case”), the Supreme Court of India recently delineated that the implementation of a moratorium as stipulated in Section 14 of the Insolvency and Bankruptcy Code (“IBC”) does...
[By Anmol Aggarwal] The author is a student of Rajiv Gandhi National University of Law, Patiala. Introduction The Ministry of Corporate Affairs (“MCA”) on 12 March 2024 released the draft report of the Committee on Digital Competition Law (“CDCL”) and a Draft Digital Competition Bill (“the draft bill”). The CDCL report seeks to lower the threshold of proof required to determine anti-competitive practices by certain large undertakings...
[By Siddhant Shinde] The author is a student of MNLU Mumbai. Introduction Real Estate Investment Trusts (‘REIT’) are instruments that allow investors to pool their collective resources and invest in publicly-traded securities, in the form of real estate, without having to make substantial capital commitments. Thus, they provide an avenue for consumers to invest in commercial real estate with regular returns to investors along with long-term capital...
[By Vikas Saran & Pritha Lahiri] The authors are students of Institute of Law, Nirma University. Overview: In the dynamic landscape of securities trading, the contentious practice of short selling has emerged as a focal point of regulatory scrutiny. In response to the Adani Hindenburg fiasco and in alignment with the Supreme Court directive in the matter of Vishal Tiwari v. Union of India, the Securities and...
[By Ananta Chopra] The author is a student of University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University. Introduction With effect from 1 January 2024, Ministry of Corporate Affairs (MCA) and other regulatory bodies under it, such as, the Competition Commission of India(CCI) and the Insolvency and Bankruptcy Board of India are following a uniform policy of seeking public comments before finalising any regulation...
[By Tirth Purani & Ananya Sinha] The authors are students of Institute of Law, Nirma University and KIIT School of Law, Bhubaneswar, Odisha respectively. Introduction To make India’s debt securities market robust, the Securities and Exchange Board of India (SEBI) introduced a consultation paper on 9 December 2023, prescribing amendments to the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, (LODR Regulations) and the SEBI (Issue and...
[By Pulkit Rajmohan Agarwal & Anaya Nandish Shah] The authors are students of Gujarat National Law University, Gandhinagar. Introduction Recently, in the case of Eastern India Motion Pictures Association & Ors. v. Milan Bhowmik & Anr., the division bench of the Calcutta High Court affirmed a peculiar ruling by the single judge bench, favouring two minority members of a company. The members approached the court challenging the...
[By Vaibhav Mishra] The author is a student of Hidayatullah National Law University. INTRODUCTION In the Union Budget session of 2017-18, Parliament passed the Finance Act 2017 [Act] to lay down the legal framework for the ‘Electoral Bonds Scheme (EBS)’. The scheme sought to create a new model of electoral financing in the country. The Act carried out inter-related amendments to company law, income-tax law, and electoral...