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Unsung Villains: Highlighting Logical Fallacies in the Indian Landscape with Respect to Credit Rating Agencies 

March 4, 2024

[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”)...

Addressing the Anomaly: Dishnet Case and Validity of Reassessment Notices predating the Resolution Plan after it’s approval

March 4, 2024

[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...

Empowering Investors: India’s Voluntary Trading Account Freeze Option

March 4, 2024

[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...

Navigating Pre-Deposit Requirements: Transition from Central Excise to GST Regime

March 4, 2024

[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...

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...

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