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[By Arjun Kapur & Akash Hogade] The authors are students of National Law University, Mumbai. Introduction As airlines look to streamline operations and cut costs, mergers between airlines are becoming more frequent. However, as fewer competitors mean higher prices and poorer customer service for consumers, airline mergers can also raise concerns about the state of the market. The Competition Commission of India (CCI) enforces India’s competition law.…
[By Vrinda Gaur] The author is a student of Dr Ram Manohar Lohiya National Law University Lucknow. INTRODUCTION The Competition Commission of India (CCI) has recently issued a warning to those using the Green Channel Route (GCR) for mergers and acquisitions. The Green Channel Route was created to make the merger process more efficient and faster and facilitate ease of doing business after Regulation 5A was added…
[By Pratishtha Shrivastava] The author is a student of Institute of Law, Nirma University. Introduction In the ever-evolving world of corporate insolvency jurisprudence, a recent decision by the National Company Law Tribunal (NCLT), Kolkata Bench, has cast a spotlight on the intriguing interplay between two significant legal frameworks: the Insolvency and Bankruptcy Code, 2016 (IBC), and the State Financial Corporation Act, 1951 (SFC). The case of Pankaj Tibrewal…
[By Siddharth Chaturvedi] The author is a student of National Law University, Jabalpur. Introduction Many airlines in India are increasingly relying on Code Sharing Agreements in order to run their businesses. Code Sharing Agreements refer to a unique understanding between airlines where one airline places its code on another airline ( the airline that operates) and then markets and sells tickets for that flight. Such an agreement…
[By Shubhankar Sharan & Soumyabrata Chakraborty] The authors are students of Gujarat National Law University, Gandhinagar. Introduction Over the latter half of the previous decade, reasonable disputes have arisen concerning the jurisdictional overlap between the Patents Act 1970 (Patents Act) and the Competition Act 2002 (Competition Act). The instant ambiguity centers around the recent judgement of a Division Bench of the Delhi High Court in Tekefonaktiebolaget LM…
[By Ritesh Raj] The author is a student of NLSIU, Bangalore. Introducing the Theories of Expectancy and Reliance in Damages The theories of expectancy and reliance in assessing damages became discreet with the publication of LL Fuller and William R Perdue Jr’s paper. Reliance interest was defined as damages paid to restore the plaintiff to the pre-contractual status quo position as if the contract had never existed.…
[By Keshav Vyas] The author is a student of National Law Institute University, Bhopal. Introduction The Memorandum of Association (MOA) and Articles of Association (AOA) are fundamental documents that outline the company’s objectives, scope of work, internal management, and rules. They form the foundation of a company’s constitution and are crucial for its functioning. The decision to modify the Memorandum of Association (MOA), Articles of Association (AOA),…
[By Smriti Jaiswal] The author is a student of National Law University of India, Bangalore. Introduction In January 2022, the Insurance Regulatory Development Authority of India (‘IRDAI’) released IRDAI (Surety Insurance Contracts) Guidelines, 2022 for India’s emerging surety bonds market. As the current guidelines stand, the surety bonds in India shall be treated as a contract under Section 126 of the Indian Contracts Act 1872 (‘ICA’). Section…
