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[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...
[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...
[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...
[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...
[By Akhil Raj & Ekta Gupta] The authors are students of National Law University Odisha. INTRODUCTION If a person frequently purchases airline tickets online, they have probably encountered websites that use the phrase “I will stay unsecured” in the event that the buyer declines insurance coverage. This is a classic example of how dark patterns function to nudge people into making forced choices thereby generating commercial gains...
[By Rahul Pandey] The author is a student of West Bengal National University of Juridical Sciences. Introduction Based on a plain reading of provisions of the IBC, 2016, it would not be wrong to assume that the Resolution Professional (“RP”) is supposed to act as the backbone of the entire insolvency resolution process. He is envisaged as an impartial party that acts in the best interest of...
[By Himanshu Gupta & Nandika Seth] The authors are students of NMIMS School of Law, Mumbai. INTRODUCTION The concept of limitation provides a timely framework within which an aggrieved can file a suit, appeal or an application in court. It also empowers courts to dismiss any suit, appeal or application filed after the stipulated period has expired. Therefore, limitation plays a vital role in any proceedings as...
[By Arnav Gulati] The author is a student of Jindal Global Law School. Introduction: In the burgeoning digital finance arena, financial influencers, termed as ‘finfluencers’ have emerged as influential arbiters of financial decision-making, however their actions continue to be uncontrolled. The absence of regulatory oversight in this domain has created a vacuum that has been used by such finfluencers, who often lack the requisite credentials, to propagate inaccurate...