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Understanding Invoice Discounting: Legal Framework, Transaction Dynamics, and Implications under the IBC, 2016

January 26, 2024

[By Nakshatra Gujrati] The author is a student of National Law University Odisha.   Introduction In the dynamic realm of financial transactions, invoice discounting has emerged as a pivotal tool for businesses seeking to optimize their working capital. Invoice Discounting, also known as Bill Discounting, entails three key participants: the seller, the customer (who is also the debtor to the financier), and the financier, commonly referred to as...

Unlocking Knowledge: Advocating for Copyright Reform and the Science Commons

January 26, 2024

[By Tanisha Raval] The author is a student of Nirma University, Ahmedabad.   Restrictions on Copyright: Implications for Scientific Research  Imagine a vast repository of scientific breakthroughs that deepen understanding. These discoveries are kept in private vaults and enforced by copyright law rather than displayed on shelves to encourage exploration. Inaccessible barriers frustrate and hinder researchers, enthusiastic adventurers, in their pursuit of knowledge. Unfortunately, copyright restrictions can hinder...

Ramkrishna Forgings Case – SC Upholds CoC’s Commercial Wisdom

January 8, 2024

 [By Naman Kasliwal & Vaibhav Kesarwani] The authors are students of Gujarat National Law University.   Introduction In a recent case of Ramkrishna Forgings Limited v Ravindra Loonkar & Anr., the Supreme Court has set aside an order of the NCLT and NCLAT that had put the approval process of a resolution plan on hold. While the judgment has been lauded for its affirmation of the commercial wisdom...

Navigating SEBI’s Directive on MITC: Simplifying Broker-Client Relationships

January 8, 2024

[By Subhasish Pamegam & Hrishikesh Goswami] The authors are students of Gujarat National Law University.   Introduction  While advertisements regularly encourage retail investors to ‘read all investment related documents carefully’ prior to investments in the securities markets, reading through voluminous documents and making sense of the complex legalities discussed in them is nearly impossible for an uninitiated individual. Wouldn’t it be simpler if there were a set of...

The Personal Guarantors Saga: Analyzing the Supreme Court’s Decision in Dilip B. Jiwrajka v. Union of India

January 8, 2024

[By Nidhi & Pratham Mohanty] The authors are students of National Law University, Jodhpur.   Introduction  Over the years following the enactment of the Insolvency and Bankruptcy Code, 2016 [“IBC”], the position of the creditors has been strengthened with respect to realizing their dues, including in the case of the position of personal guarantors under the Indian insolvency regime. Personal guarantors were incorporated under Part III of the...

SEBI Greenlights REIT Way: Approval for Fractional Ownership of RE

January 8, 2024

[By Shaswat Kashyap & Snigdha Dash] The authors are students at Gujarat National Law University and National Law University, Odisha respectively.   Introduction  In recent years, India has seen a rise in web platforms, such as WiseX and others, offering investors the chance to invest in real estate (RE) assets through fractional ownership. Recognizing the growing value of investments and the increasing number of investors, the Indian watchdog...

Decoding MCA’s move allowing Direct Listing of Indian Securities on Foreign Exchange

January 8, 2024

[By Anand Vardhan & Piyush Raj Jain] The authors are students of Gujarat National Law University.   Introduction   The Ministry of Corporate Affairs has enforced section 5 of The Companies (Amendment) Act, 2020, through a notification dated 30th October, 2023 . This has led to an addition to section 23 of The Companies Act 2013 . It is a welcome move as it seeks to boom the...

Regulatory Dynamics and Operational Impacts: Navigating India’s Fin-tech Landscape with the Latest Payment Aggregator Cross-Border Guidelines

December 29, 2023

[By Sibasish Panda & Janhavi Mahalik] The authors are students of National Law University Odisha. Introduction India had been touted to bring a digital technology revolution in this decade with the Central Bank playing a pivotal role. It is at the cusp of a Fin-tech revolution with the market expected to hit $150Bn by 2025. It had to play a balancing role to facilitate innovative approaches by the...

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