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Enhanced Authority of the Director General: Competition (Amendment) Act, 2023

March 4, 2024

[By Mustafa Topiwala & Raima Singh] The authors are students of Rajiv Gandhi National University of Law, Punjab.   Introduction The Competition Act, 2002 (hereinafter, “principal act”), was enacted to regulate major anti-competitive market practices as laid down in the case of CCI v. Bharti Airtel Ltd. On 11 April, 2023, the Competition (Amendment) Act, 2023 (hereinafter, “amendment”), was announced by the Competition Commission of India (hereinafter, “CCI”)…

The Supreme Court Revisited the Conundrum of Insolvency Set-off 

March 4, 2024

[By Prathmesh Agrawal] The author is a student of WBNUJS, Kolkata.   Introduction A Set-off is a concept which basically refers to setting of monetary cross-claims between parties which produces a balance amount. It has wide application in different sections of law. In this article, we will deal with the concept of set-off in an insolvency proceeding and the legality of it, which was discussed by the Supreme…

Green Futures: Maximizing Virtual Power Deals in India

March 4, 2024

[By Ankur Singh] The author is a student of National Law University, Odisha.   INTRODUCTION  This article delves into the impact of Virtual Power Purchase Agreements (VPPAs) on the adoption of Renewable Energy (RE) and the dynamics of the Indian market. With a growing global emphasis on reducing carbon emissions and transitioning to renewable energy sources, the demand for RE is on the rise. VPPAs play a crucial…

Deregulatory Trust: Unraveling Corporate Autonomy in Whistleblower Policies

March 4, 2024

[By Neeraj Kumar] The author is a student of WBNUJS, Kolkata.   Introduction  The idea of blowing the whistle has its meaning on a spectrum, ranging from  hero to snitch to martyr to traitor. Assuming, it is noble to attempt save lives and livelihood, the illegal consequences must be eliminated. However, this comes with a need to balance interests within employment law. The same has always been stringent…

Right to claim set-off in CIRP: A Shift in the Landscape

February 24, 2024

[By Manisha Soni] The author is a student of Gujarat National Law University.   Introduction Recently, the Supreme Court of India, in the judgment of Bharti Airtel Ltd. vs Vijaykumar V. Iyer, solidified the position of the National Company Law Appellate Tribunal (NCLAT) that the arrears can not be set off when a Corporate Debtor is going through Corporate Insolvency Resolution Proceedings (CIRP), under the Insolvency and Bankruptcy…

Navigating Innovation and Compliance: Analysing RBI’s New Draft Regulations for Fintech’s

February 24, 2024

[By Siddh Sanghavi] The author is a student of National Law University Odisha.   Introduction On January 15, 2024, the Reserve Bank of India released the draft regulation outlining a framework for self-regulatory organisations in the fintech industry. These self-regulatory organisations have been named SRO-FT. As per the RBI’s outlined framework, a Self-Regulatory Organization for Fintech (SRO-FT) will be a non-profit entity established under section 8 of the…

Supplier Secrecy, Buyer Company’s Woes: The Chronicles of Delayed Payments under the MSMED Act

February 20, 2024

[By Rajan Thakkar & Manasvi Verma] The authors are students of Gujarat National Law University, Gandhinagar.   Introduction Micro, Small, and Medium Enterprises Development (MSMED) Act, 2006 imposes a liability on the buyer companies to make the payment to their suppliers within the period mentioned under Section 15[i] of the Act and upon failure of the same, according to Section 16[ii] of the Act, the buyer company is…

The Conundrum of the Legal Standing of Nominees of Deceased Shareholders in the Context of Succession: Shakti Yezdani v. Jayanand Jayant Salgaonkar

February 20, 2024

[By Devanshi Shukla] The author is a student of MNLU Aurangabad.   Introduction  Nomination as a process involves selecting another person as a legal nominee or representative by a person during his lifetime in respect of specific assets or properties. In the recent case of Shakti Yezdani & Anr. v. Jayanand Jayant Salgaonkar & Ors, the Supreme Court offered clarification on the status of nominees as nominated under…

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