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[By Khushi Saraf & Jhankar Katare] The authors are students at National University of Juridical Sciences, Kolkata. Introduction In the modern digital era, data is of paramount importance, and getting access to data is quintessential to entering new markets. The holding and acquisition of data provide entities with the much-needed inputs they require to provide their services more efficiently and effectively. Access to data can enable the…
[By Manas Shrivastava & Adaysa Hota] The authors are students at National Law University Odisha. INTRODUCTION During a company’s liquidation proceedings, a secured Creditor has been presented with two options under the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “IBC”) “relinquish its security interest to the liquidation estate and receive proceeds from the sale of assets by the liquidator” or “realise its security interest”. If…
[By Sachika Vij & Kartikeya Misra] The authors are students of Ram Manohar Lohiya National Law University Lucknow. INTRODUCTION The UNICTRAL Model Law on Cross-Border Insolvency (MLCBI) has recently celebrated its 25th anniversary. The inclusion of the UNCITRAL MLCBI has gained significant traction and is now being incorporated into the domestic legislation of numerous countries worldwide. An increasing number of international jurisdictions, including Hong Kong and Singapore,…
[By Akash Gulati & Sanidhya Bajpai] The authors are students at RMLNLU, Lucknow. Introduction India is the fastest-growing e-commerce market in the world. Online platforms like Amazon, Flipkart, Zomato, etc., offer a marketplace where the divergence of buyers, sellers, and advertisers partake in commerce. The presence of an online marketplace makes trade and commerce efficient and transparent. The testimonies of the stakeholders involved reveal that the online…
[By Mahiya Shah & Chaitley Sharma] The author are students at Gujarat National Law University. INTRODUCTION Today’s world is rapidly transitioning into a new digital era, with digital marketing being one of the latest additions to the global economic landscape. This new digital economy involves the sale of goods through cyberspace, using digital platforms which facilitate interaction between multiple suppliers and customers. The present era sees this…
[By Himanshi Garg] The author is a student at University Institute of Legal Studies, Panjab University, Chandigarh. Abstract The Supreme Court (Hereinafter as “SC”) in the case of the SEBI v Abhijit Rajan has held that the motive on the part of an insider is an essential element to hold an insider in violation of the provisions of the SEBI (PIT) Regulations 1992 .This present blog seeks to…
[By Aritra Mitra] The author is a student at National Law University, Odisha. Introduction In the recent judgment of Puissant Towers India (P.) Ltd. v. Neueon Towers Ltd., the Chennai bench of the NCLAT overturned the order of the Adjudicating Authority and held that ARCs (hereinafter “Asset Reconstruction Companies”) can act as Resolution Co-Applicant in an Insolvency and Bankruptcy Code, 2016 (IBC) resolution process, even without the permission of…
[By Mohak Agarwal & Hemang Mankar] The authors are students at National Law University, Jodhpur. GoFirst Insolvency: A tug of war with the lessors The recent case of GoFirst Airlines’ Insolvency has highlighted certain significant issues in the Indian Insolvency law regime. The tug of war between the airline and the lessors commenced on May 2, 2023, when GoFirst filed for voluntary insolvency proceedings under Section 10…