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Illuminating the Shadows in India’s Dark Pattern Guidelines: A Flawed Regulatory Attempt

February 20, 2024

[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…

Affirmative or Negative: Evaluating Resolution Professional’s role as a Public Servant

February 16, 2024

[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…

Limitation under Section 61 of the IBC: End of the Interpretation Saga?

February 16, 2024

[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…

Fiscal Frontiers: Unveiling India’s Evolving ‘Finfluencer’ Regulatory Framework

February 16, 2024

[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…

National Infrastructure and Investment Fund: An extension of the Indian Protectionist Economy

February 16, 2024

[By Hemant Tewari & Apoorva Singh Rathaur] The authors are students of Dharmashastra National Law University, Lucknow.   Introduction  Sovereign wealth funds (SWFs) have rekindled discussions about their role amid contemporary challenges like trade tensions and geopolitical unrest. With trillions of dollars at their disposal, these state-backed investment vehicles not only shape markets but also wield potential as instruments of national ambition and protectionist agendas.  In 2023, the…

SEBI’s Take on Rumour Verification: Micromanagement or a Welcome Move?

February 16, 2024

[By Dharani Maddula & Anoushka Das] The authors are students of Symbiosis Law School, Pune.   Introduction On 28 December 2023, the Securities and Exchange Board of India (“SEBI”) published a new Consultation Paper on Amendments to SEBI Regulations with respect to Verification of Market Rumours (“Consultation Paper”). The paper seeks to use material price movement instead of material event as defined under Regulation 30 of the Securities…

Analysing Regulatory Overlap Concerns Amidst the Draft Broadcasting Bill’s Attempt to Revive Digital News Content Regulation

February 16, 2024

[By Anupama Reddy Eleti] The author is a student of Gujarat National Law University.   Introduction  2023 has been a significant year for the Indian Data Privacy Landscape. From the passage of the Digital Personal Data Protection Act, 2023 in April to the recent release of the Draft Telecommunication Bill 2023, MIB and MeitY have rolled out several legislations reshaping India’s personal data use. Amidst these developments, the…

Unravelling the Impact: RBI’s Stringent Investment Measures Shake Up India’s AIF Landscape

February 16, 2024

[By Sibasish Panda & Disha Bandyopadhyay] The authors are students of National Law University Odisha.   Introduction India’s economy stands as one of the fastest-growing major economies worldwide. The growth in the investment market has been impeccable especially with the Alternative Investment Funds (AIFs) now surpassing the mutual funds (MFs) in terms of growth rate. With transparent structures, a diversified portfolio, and a promise of superior returns the…

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