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Excessive Pricing Allegation against three Hospitals: CCI’s Golden Opportunity to take Cognizance?

January 30, 2023

[By Swetha Somu] The author is a student of Gujarat National Law University. In 2015, a social worker filed a complaint to the Competition Commission of India [CCI] against Max Super Specialty Hospital and its disposable syringe supplier, Becton Dickinson India, an MNC. The complainant alleged that the in-house pharmacy of Max Hospital charges an excessive amount of Rs.19.50 (the printed MRP) for Becton Dickinson’s disposable syringe bought…

The Emanation of Green Bonds in India: An instrument of Sustainable Financing

January 25, 2023

[By Dhairya Jain] The author is a student of Hidayatullah National Law University. Introduction In light of India’s projected 3,000 GW Renewable Energy (RE) potential, the nation plans to increase its RE capacity augmentation goal to 175 GW by 2022. Higher capital investments, projected at roughly USD 200 billion over the next years, would be necessary to achieve the much higher capacity objective, which will increase energy security and…

Recovery of GST dues from IBC companies — CBIC’s welcome order

January 25, 2023

[By Shalin Ghosh] The author is a student of Maharashtra National Law University (MNLU), Mumbai. Introduction The recovery and treatment of statutory dues has always been a vexatious issue for stakeholders in cases involving a distressed entity facing proceedings under the Insolvency and Bankruptcy Code (“IBC”). The absence of clear guidelines coupled with judicial uncertainty muddied the waters, affecting the adjudication of disputes and hampering the efficiency of…

Permitting “Variable Capital Companies” at IFSC: A new avenue for Fund formation in India.

January 24, 2023

[By Muhammed Ijaz] The author is a student of Faculty of Law, University of Delhi. Introduction Bearing with success stories of thriving Asset Management Industries across countries like Singapore, Hong Kong, UK and Luxembourg and their role as engines of growth at their respective entrepreneurial promoting economies, the Government of India(“Government”) has keenly emphasized in bringing slew of measures over the time to catalyze and attract the global players…

Recasting Indian Banking System- Hurdles faced by NEO Banks

January 19, 2023

[By Aayush Panwar] The author is a student of Gujarat National Law University, Gandhinagar. Introduction Banking and financial instruments are constantly evolving to suit the changing demands of the economy and business. Core banking and digitalization have contributed to the transformation of the banking industry from a traditional money lender to a modern banking system. Fintech and blockchain technology are the two fundamental components of digital banking. NEO Bank…

A Smooth Buy Back Ride: SEBI’s recommendations on Open Market and Tender Offer Routes for Buyback of Shares

January 19, 2023

[By Mahak Saxena] The author is a student of National Law Institute University, Bhopal. Introduction The Securities Exchange Board of India (SEBI) has been receiving numerous requests from market participants and stakeholders for an overhaul and review of legal provisions and rules related to the buyback of specified securities. In light of which it floated a consultation paper on a review of existing Buy-back Regulations (“Consultation Paper”) in…

Fly-by-Night Companies in Light of Companies (Incorporation) Third Amendment Rule, 2022.

January 19, 2023

[By Arham Anwar & Akshay Tiwari] The authors are students of National Law University, Jodhpur. Introduction To fly by night is to pack up whatever you can from the dubious business that you have been carrying and leave under the cover of darkness. So people who have been observing you running your business one day see an empty address with no sign of the business the very next…

Safeguarding Public Shareholders under CIRP: SEBI’s Astigmatic Answer to a Long-Awaited Prayer

January 18, 2023

[By Shaurya Singh] The author is a student of Jindal Global Law School. Public equity shareholders usually have the least expectations from insolvency proceedings of a listed company, as fundamentally they are not positioned as the creditors- who are primarily protected under the Indian Bankruptcy Code, 2016 (“IBC”). To protect such non-promoter public shareholders, the Securities and Exchange Board of India (“SEBI”) recently floated a consultation paper which…

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