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[By Sanket Das & Shrey Srivastav] The authors are students at National Law University Odisha. Introduction Successful investment facilitation strategies are built on a solid foundation of transparency and information. By transparency, it is meant that the investors should have knowledge about the pertinent laws which influence their investment decisions. [1] Further, investors should also be apprised of the administrative procedures of the nation they are going to…
[By Amarpal Singh & Abhishek Attri] The authors are students at UPES Dehradun. INTRODUCTION A person can be appointed as an additional or alternate director in the company without being a member (“non-member director”) as per Section 161 of the Companies Act, 2013 (“Companies Act”). Further Section 169 of the Companies Act provides the procedure for the removal of directors. In case the non-member director is illegally removed from…
[By Soumya Sinha & Bhabesh Satapathy] The authors are students at the National Law University, Odisha. INTRODUCTION The birth of the Insolvency and Bankruptcy Code, 2016 (“IBC”) in India has not only alleviated the pain of Financial Creditor (“FC”) but also Operational Creditor (“OC”). By various judgments and amendments the scope of operational debt defined under section 5(21) of the IBC has been augmented. In many recent rulings,…
[By Keerthana Rakesh] The author is a student at the Gujarat National Law University, Gandhinagar. Introduction Section 7 of the Insolvency and Bankruptcy Code (“IBC”) came under discussion due to the confusion that arose as to whether the proceedings can be initiated against the Corporate Guarantor under the Corporate Insolvency Resolution Process (“CIRP”). The apex Court in K. Paramasivam v. The Karur Vysya Bank Ltd. & Anr., has…
Swarnendu Chatterjee and Anwesha Pal. [The authors are Advocate-On-Record, Supreme Court of India and PhD Scholar and Teaching Assistant at the West Bengal National University of Juridical Sciences, Kolkata (WBNUJS) respectively.] Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “Code”), since its enforcement in December 2016, has been somewhat successful in the resolution of bad debts/loans of the erring debtors and has tightened the noose on…
[By Arjit Mishra] The author is a student at the Hidayatullah National Law University, Raipur. INTRODUCTION On 12th October 2022, the Delhi HC in Vag Educational Services v. Aakash Educational Services opined that an arbitral tribunal cannot recall the proceedings if its mandate has been terminated under S. 32 of the Arbitration & Conciliation Act, 1996 (hereinafter ‘The Act’). However, it is to be noted that in various judgements…
[By Samay Jain] The author is a student at Institute of Law, Nirma University. INTRODUCTION The merger of Zee and Sony was approved by the Competition Commission of India (CCI), subject to certain terms and conditions. These terms and conditions were levied to stop the merger, which would be operating more than 90 channels across the country, from misusing its dominating position in the market. In India, the…
[By Anirudh Vats] The author is a student at the Rajiv Gandhi National University of Law, Patiala. I. Introduction The Securities and Exchange Board of India (“SEBI”), in a pertinent towards the development of the Alternative Investment Fund (“AIF”) regime in India, relaxed the stringent restrictions pertaining to overseas investments made by Indian AIFs, vide SEBI Circular dated 17 August 2022[1] (“SEBI 2022 Circular”). This development comes…