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[By Soujanya Boxy & Shourya Mitra] The authors are students of National Law University, Odisha and Jindal Global Law School, Sonipat, Haryana respectively. Introduction The new-age digital world is increasingly embroiled in a complex interplay between tech giants and market fairness regulators. Striking a balance between effective regulation and fostering innovation has become more crucial than ever. Apple, designated as a “gatekeeper” under the European Union’s (‘EU’)…
[By Santripta Swain] The author is a student of National Law University Odisha. Introduction Recently, SEBI has been heavily criticised for its conflicting and lackadaisical approach in dealing with the securities matters. The Appellate Courts of different forums – the Supreme Court, High Court, or Securities Appellate Tribunal (SAT) have time and again been disappointed with the market regulator for its persistent non-compliance and, at times, non-uniformity…
[By Shyama Singh] The author is a student of Gujarat National Law University, Gujarat. Background Through an informal guidance by way of an ‘interpretative letter’ dated 21st July 2023, the Securities and Exchange Board of India (“SEBI”) clarified whether open offer obligations under Regulation 3(3) of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (“SEBI SAST Regulations”) or Takeover Code…
[By RS Sanjanaa & Sahil Agarwal] The authors are students of Symbiosis Law School, Pune and Government Law College, Mumbai respectively. [I.] Introduction The Indian Government has allowed public companies to directly list and issue their equity shares on international exchanges. This move is aimed at bolstering the Indian economy by allowing companies (especially start-ups and technology companies) to access global markets for the purpose of raising…
[By Soham Niyogi] The author is a student of Rajiv Gandhi National University of Law, Punjab. Introduction A calamity may be overkill, but when giant conglomerates drop like flies and wither away, it would certainly raise some eyebrows about how this disaster occurred, or how it could have been avoided. Some of these behemoths find themselves in the guise of the SREI Infrastructure Finance Ltd. (hereinafter, “SREI”)…
[By Chirag Motwani] The author is a student of Hidayatullah National Law University, Raipur. Introduction: To enhance the corporate governance regime in India, the Insolvency and Bankruptcy Code, 2016 (IBC) was enacted. The primary purpose of the act was to look upon the financially distressing entities and their revival as a foremost objective. IBC is considered an evolving piece of legislation owing to the numerous development that…
[By Vidushi Dubey] The author is a student of Amity University. Introduction India’s stock broking landscape is on the cusp of a significant shift, empowered by the Securities Exchange Board of India’s (SEBI) recent circular. Announced on January 12, 2024 and set for implementation on July 1st, 2024, this initiative introduces a groundbreaking facility of voluntary online access freeze/block for trading accounts. This marks a crucial step…
[By Dhwanil Tandon] The author is a student of Gujarat National Law University, Gandhinagar. Introduction Section 35F of the Central Excise Act, 1944 mandates that the Tribunal or the Commissioner (Appeals), as applicable, shall not entertain any appeal under the act unless the required pre-deposit is made, terming its absence as a defect. With the introduction of the Goods and Services Tax (GST) on 01.07.2017, incorporating all…