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[By Tejaswini Kaushal] The author is a student at Dr. Ram Manohar Lohiya National Law University, Lucknow. Introduction Scott Stratten, the author and founder of UnMarketing, whistle-blowed Bell Canada’s ‘MyBell Mobile’ App’s dirty little secret back in 2014, initiating one of the most intense discussions on the ethical and antitrust aspects of posting fake reviews, also called ‘Astroturfing.’ Flaunting a suspicious five-star review on the Apple AppStore,…
[By Himanshu Verma] The author is an Associate Trainee. Introduction To promote the ease of doing business and processing the scheme of arrangements involving startups, wholly owned subsidiaries, or small companies in a cost-effective and comparatively swift way, India endeavoured to establish a framework that facilitates and expedites the growth of these companies through the implementation of a fast-track merger process, effective from 15th December 2016. Thus,…
[By Rohan Srivastava & Priyanshu Mishra] The authors are students of National Law School of India University, Bengaluru. Introduction In 2022, the Supreme Court in the case of State Tax Officer v Rainbow Papers, (hereinafter “Rainbow Papers”) held that Security Interests, which are placed at the second highest priority under the Insolvency and Bankruptcy Code (IBC) waterfall mechanism (contained in Section 53) may be created by operation…
[By Akshay Dhekane] The author is a student of National Law University, Delhi. INTRODUCTION Professor Roy Goode has succinctly put the importance of security in banking as “vast sums of money which might not otherwise be dispensed are lent in reliance on real security over all kinds of asset, including land, goods and receivables”. However, the complexity of raising finance increases when third-party security beneficiaries are involved.…
[By Shashwat Lohia & Shreya Saswati] The authors are students of National University of Study and Research in Law, Ranchi & National Law University, Odisha. Introduction Rapid technological advancements haven’t always made it easy for the law to keep up. A recent judgement of the Canadian Courts (“Canadian Judgement”) has determined that the ‘thumbs-up’ Emoji can be utilised to create a legally binding contract. Allowing this action…
[By Siddharth Chaturvedi] The author is a student of Dharmashastra National Law, University. Introduction Indian Public Sector Units (PSUs) have enjoyed monopoly in different sectors for a long period of time. However, this is likely to change in the coming time as we analyse the findings of the Supreme Court in the case of Coal India Ltd. vs the Competition Commission of India (Coal India).. The judgement…
[By Saumya Mittal & Keerthana Rakesh] The authors are students of Gujarat National Law University. Introduction In a dramatic chain of events, Go First, one of the most profitable and most sought-after airlines in India, had to take a flight on the wings of Section 10 of the Insolvency and Bankruptcy Code, 2016. With its faulty engines, the aviation company found itself in hot water due to…
[By Anirudh Das] The author is a student of National Law University, Vishakapatanam. Introduction The Securities Exchange Board of India, via the amendments to the LODR Regulations on June 14th, 2023, has introduced a rather peculiar sort of Obligation on a Listed Entity, specifically on India’s top 100 & 250 listed entities (based on market capitalization), who would have to with effect from October 1st, 2023 and…