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[By Parv Jain & Palash Varyani] The authors are students of Institute of Law, NIrma University. Introduction Recently, in a breakthrough announcement, the Securities and Exchange Board of India (SEBI) Chairperson, Mrs. Madhabi Puri Buch has declared that the SEBI intends to implement one-hour trade settlement in Indian stock exchanges by March 2024. According to her, India will be the first jurisdiction in the globe to move...
[By Chaitanya Gupta] The author is a student of Jindal Global Law School. Introduction Related parties are important to corporate transactions because the parties have a pre-existing special relationship. Such transactions include business deals, series of contracts, etc. These relationships that exist prior to the transaction may appear in the form of parent-affiliate companies, parent-subsidiary companies, transactions between family members, and others. Usually, such transactions are employed...
[By Rishabh Shivani] The author is a student of National Law School of India University, Bengaluru. Introduction Bank guarantees are special contracts where a bank guarantees performance by one party in a separate, underlying contract and agrees to furnish payment unconditionally on the demand of the beneficiary. However, egregious fraud and special equities are two exceptions based on which injunctions restraining the encashment of a guarantee can...
[By Mayank Gandhi & Devansh Lunawat] The authors are students of National Law University, Nagpur. Introduction – India’s digital surge has invited the attention of several big economies across the globe. India’s digital economy is likely to surge to USD $1 trillion by 2030. The growth of the digital market can be attributed to multi-sided digital platforms with strong ecosystem and the large appetite of Indian consumers...
[By Bipasha Kundu] The author is a student at WBNUJS, Kolkata. Introduction The real estate sector holds special importance in the Indian economy, owing not only to its role as one of the major employers but also due to the multiplier effect it has on various other industries operating in the economy. As of 2022, as many as 5,00,000 real estate housing projects were stalled in India and...
[By Akshita Bhansali & Niharika Agarwal] The authors are students of Gujarat National Law University. Background In the backdrop of several tax evasion and money laundering cases, upon the recommendations of the Joint Parliamentary Committee on Stock Market Scam, the Ministry of Finance introduced the Companies (Restriction on Number of Layers) Rules, 2017 (“Layering Rules”) for more transparency. The Layering Rules restrict companies from having more than...
[By Tanya Verma] The author is a student of Dr. Ram Manohar Lohiya National Law University. Introduction In Digital Lending (DL) context, individuals can conveniently secure loans through online platforms. These platforms, typically accessible as applications or websites, are managed by entities known as Loan Service Providers (LSPs). The digital lending process necessitates borrowers to furnish requisite documentation and request specific financial solutions, including Buy Now Pay...
[By Dhruv Kohli] The author is a student of Gujarat National Law University. Introduction In its judgment dated 9th September, 2022, the principal bench of NCLAT has held that a “Deed of Hypothecation” executed in favour of a third-party creditor is not to be construed as a “financial debt” under the IBC. As a corollary, the bench noted that such a third-party secured creditor shall not be...