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[By Mainak Mukherjee] The author is a student of National Law University and Judicial Academy, Assam. Introduction Delegated legislation acts as a tool for the legislature to reduce the burden from its shoulder. However, considering the thin line that separates delegated legislation from excessive delegation of power, it is pertinent for the legislature to exercise more control over the executive even when legislative powers have been delegated. Moreover,…
[By Saima Khan] The author is a student of Dr. Ram Manohar Lohiya National Law University, Lucknow. Introduction: During the Covid-19 pandemic, the Indian Stock Market witnessed a massive rise in the number of retail investors with remarkable participation from millennials and Gen-Z. According to the National Stock Exchange, retail shareholding in Indian companies reached a 15-year high in June 2022. This is indeed good news for our…
[By Satwik Mohapatra] The author is a student of National Law University, Odisha. The National Company Law Appellate Tribunal (NCLAT), in Kalinga Allied Industries India v. CoC of Bindals Sponnge Industries Limited (Kalinga Judgment), set aside the order of the National Company Law Tribunal (NCLT). The Tribunal ruled that the Committee of Creditors (CoC) cannot consider the new Resolution Plan outside the scope of Corporate Insolvency Resolution Process…
[By Praveen Sharma & Sakshi Nalawade] The authors are students of Maharashtra National Law University, Mumbai. On 8th July 2022, the Securities Exchange Board of India (SEBI) released a consultation paper seeking the opinion & comments of the public on its desire to extend the scope of SEBI Prohibition of Insider Trading (PIT Regulations), 2015 to include the dealings in the units of mutual funds. It is vital…
[By Rahul Taneja] The author is a student of Hidayatullah National Law University. Introduction ‘Parent company liability’ refers to the liability of the parent or the holding company for illegal acts of its subsidiary. In the context of the Indian competition law, such illegal acts can be the act of an anti-competitive agreement, abuse of dominance or the formation of a cartel. However, when examining jurisdictions with advanced…
[By Aayushi Choudhary & Bhanupratap Singh Rathore] The authors are students of Gujarat National Law University, Gandhinagar. Three months after the withdrawal of the Digital Personal Data Protection Bill from the Lok Sabha, the government has come up with revamped legislation. This is the fourth time the government has proposed a bill on digital data protection. The first bill was introduced in 2018 based on the recommendations of…
[By Prakriti Singh] The author is a student of Hidayatullah National Law University. Introduction The Insolvency and Bankruptcy Code, 2016 was enacted to provide a speedy debt resolution mechanism and ensure value maximization of assets. The Code has provided legal recognition to the fact that business failures are normal and there should be effective remedies to rescue the Corporate Debtor. The Code brought an end to the prior…
[By Eilin Maria Baiju and Hemang Arrora] The authors are students of Gujrat National Law University. Introduction Post the Punjab and Maharashtra Cooperative Scam, the Banking sector of the country faced quite a setback affecting the financial market as well as disrupting the trust of innocent depositors. As eye-opening as it was for the banking sector, it also showed the Indian economy the need for regulating the conduct…