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[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...
[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...
[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...
[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...
[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...