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[By Unnati Sinha] The author is a student of Narsee Monjee Institute of Management Studies. Introduction The Pre-Packaged Insolvency Resolution Process (“PPIRP”) was added to Chapter III of the Insolvency and Bankruptcy Code, 2016 (“Code”) in 2021. It was introduced in view of the worldwide economic downturn brought on by the lockdown prompted by the epidemic. Corporate insolvencies are on the increase because of the recession. In...
[By Aneesh Raj & Chirantan Kashyap ] The authors are students of National Law University and Judicial Academy, Assam. Introduction The world’s biggest search engine has received a great shock from the country’s top court. The Supreme Court of India has rejected Google’s petition challenging the NCLAT ruling dated January 4, 2023. The Competition Commission of India (hereafter CCI) fined Google a large sum for abuse of...
[By Aditya Kashyap & Arnika Dwivedi] The authors are students of Symbiosis Law School, Pune. Introduction The Delhi HC recently pronounced a judgement in the contentious case of MakeMyTrip-GoIbibo. The 10% deposit imposed on the appellants by the NCLAT for the admission of the appeal, was upheld by the High Court with the caveat that no further request is made in respect of the remaining 90% of...
[By Srajan Dixit & Abhijeet Malik] The authors are students of Gujrat National Law University. The alleged overvaluation of stocks dubbed as the ‘‘Largest con in corporate history’’ by the Hindenburg Research may have sustained the scrutiny of courts over time; however, the Adani conglomerate which rose almost 2500% in last 5 years proved to be in-immune to the massive stock plunge when the 413-page report alleging...
[By Kumar Shubham] The author is a student of the National Law University, Odisha. INTRODUCTION Early-stage firms or startups today have a variety of fundraising options. Over the years, hybrid investment vehicles such as Convertible Compulsory Debentures (“CCD”) and Compulsory Convertible Preference Shares (“CCPS”) have grown in popularity for raising funds. However, these firms have also ventured into new investing options, which have so far proved viable...
[By Ajith N Kale & Rupa Veena S] The authors are students of School of law, CHRIST (Deemed to be University), Bangalore. Introduction The common law rule of the majority, as laid down in the case of Foss v. Harbottle, has been widely followed in India. It empowers the majority shareholders to make decisions related to the management of affairs of the company which is not interfered...
[By Yashila Bansal] The author is a student of Chanakya National Law University. SWISS CHALLENGE METHOD AND ITS LEGALITY IN INDIA On the sixth anniversary of the Insolvency and Bankruptcy Board of India, Nirmala Sitharaman said, “We must do whatever it takes to keep IBC as sparkling as it was when it was introduced in 2016.” She had made these comments at a time when 100 out...
[By Sanidhya Bajpai] Dr. Ram Manohar Lohiya National Law University, Lucknow. Introduction In a globalized world where big capitalists are fighting tooth and nail to dominate the market, it becomes essential to curb their anti-competitive practices. In this blog, the author demonstrates how certain aspects of Predatory Pricing are restrictive and how they are not fruitful in prohibiting anti-competitive practices. The strategic lowering of prices by a firm...