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[By Mayank Jain] The author is a student of Jindal Global Law School. Introduction The Indian Judiciary has time and again faced the problem of ascertaining whether the issuance of a cheque for the repayment of time-barred debt is valid or not. The Limitation Act of 1963 puts a bar of 3 years. This means that if a cheque for repayment was issued on 01.01.2011 and the money…
[By Pooja Shukla & Mohammad Atik Saiyed] The authors are students of Gujarat National Law University. Introduction In our structure, Law is like a game of billiards with a bunch of statutes, precedents, and other dynamic legal authorities clustered together, necessitating harmony amongst associated topics for the ends of justice. On the same matrix, the Insolvency and Bankruptcy Code 2016 (“IBC”) is to be read alongside several other statutes…
[By Masad Khan & Ameya Sharma] The authors are students of NALSAR University of Law, Hyderabad. INTRODUCTION In the case of Ashok Kumar Sarawagi v. Enforcement of Directorate, the National Company Law Appellate Tribunal, New Delhi (“NCLAT/ Appellate Authority ”) upheld the decision of National Company Law Tribunal (“NCLT/ Adjudicating Authority”) declaring that it is not empowered to deal with the matters falling under Prevention of Money Laundering Act,…
[By Syed Alwaz Asif] The author is a student of Dr. Ram Manohar Lohiya National Law University, Lucknow. Introduction The post-pandemic world has changed rapidly. Digital platforms, which were a privilege for a few, have become necessary to upgrade workers’ skills[i]. It has provided an opportunity for workers to ensure flexibility in the work that they seek to do. It has become a significant source of employment. As…
[By Ujjawal Badani & Tejas Geetey] The authors are students of the National Law University Odisha. INTRODUCTION Business Corporations often operate through multiple locations in the form of Head Office (HO) and Branch Offices (BO). Division of Offices into HO and BOs has not been defined either under the GST law or the allied laws, however, generally, it means the principal office of a business corporation, established for…
[By Arham Anwar & Suvanwesh Das] The authors are students of the National Law University, Jodhpur and the National Law University, Odisha. Introduction We have always seen doctor’s job as a noble profession but with changing times new questions of law have evolved and new dynamics have been added to supposedly simple concepts. This article seeks to address the issue of whether consultants like doctors can be issued…
[By Saaransh Shukla & Isabel John] The authors are the students of the Narsee Monjee Institute of Management Studies. INTRODUCTION As we all know, share capital is the main source of finance for companies. Since companies may need additional amounts of money periodically, they cannot issue shares every time. However, they can raise money from the public. Around the world, companies, organizations, corporations and other entities raise money…
[By Shraiya Jain & Palak Jhalani] The authors are students at the Institute of Law, Nirma University Background . . CoC as a transient assorted body, consisting of financial creditors is deemed to be the apex body to decide on the matters pertaining to the course of CIRP. Although the RP acts as a key managerial and administrative authority over the business affairs of the CD, however, in…