The CBCL Blog
- All
- Arbitration Law
- Banking Law
- Capital Markets and Securities Law
- CBCL - LSPR Series
- Commercial Courts Act
- Commercial Law
- Company Law
- Competition Law
- Contemporary Issues
- Contract Law
- Corporate Governance
- Debt Recovery
- Employment Law
- Energy Laws
- Foreign Direct Investment Regulations
- Guest Posts
- Insolvency Law
- Intellectual Property Law
- Investment Law
- Mergers & Acquisitions
- Promotion
- Sports Law
- Taxation Law
- Technology Law
- Trade Law
- Uncategorized
- Back
- Kaizen
[By Vinay Sachdev] The author is a student at the Unitedworld School of Law, Karnavati University. Background In the Corporate Insolvency Resolution Process (“CIRP”) initiated under the Insolvency & Bankruptcy Code 2016, the claim is the most important factor to be taken in the Resolution Plan for the Corporate Debtor. The provisions of the Code strive to protect the interest of creditors of a company that is under CIRP while completing…
[By Shalin Ghosh] The author is a student at the Maharashtra National Law University (MNLU), Mumbai. Introduction The Insolvency and Bankruptcy Code, 2016 (“IBC”) has been a watershed reform for the Indian economy, being one of the most comprehensive laws governing insolvency and credit recovery matters in the country. The interplay between tax law and IBC has increasingly been gaining traction, throwing up questions that have a great bearing on…
[By Yagn Purohit and Vishesh Gupta] The authors are students at the Institute of Law, Nirma University. Introduction In India, the directors are bound to call and convene an EGM on requisition made by shareholders under section 100 of the Companies Act, 2013 (hereinafter CA, 2013) if such requisition is compliant with procedural requirements u/s 100. However, Zee v. Invesco saga has reignited the debate on corporate democracy and has disturbed…
[By Sahana R] The author is a student at the School of Law, Christ University, Bangalore. Introduction The process of providing loans on an online platform is termed to be digital lending. The distinction between digital lending and traditional lending methods would be using digital technologies regarding loan approval, repayment, and service. According to a study, there has been a significant rise in the number of apps in the Indian…
[By Rajeev Dadhich] The author is a student at the Institute of Law, Nirma University. The Digital Lending route has acquired prominence, which raised Reserve Bank of India’s (“RBI”) concerns over the unbridled engagement of third parties, mis-selling, breach of data privacy, unfair business conduct, charging of exorbitant interest rates, and unethical recovery practices. To curb these concerns, on November 18, 2021, RBI released the Report of the ‘Working Group…
[By Sarthak Virdi] The author is a student at the National Law School of India University, Bangalore. Introduction Regulatory Sandboxes (RS) are artificial environments used to test innovations and have been relied on in the fintech sector. The RBI defines them to be testing environments with regulatory relaxations, the purpose of which is to gauge the viability of products by estimating benefits and risks. The benefits of RS have…
[By KV Kailash Ramanathan] The author is a student at the National University of Advanced Legal Studies, Kochi. Introduction In recent years, the legal fraternity has witnessed a befuddling tug-of-war between tax authorities on one hand and the Corporate Insolvency Resolution Process on the other. The battle runs for the recovery of taxes and dues payable by the corporate debtor. Taxation statutes like The Customs Act. 1962 provide for…
[By Sukarm Sharma] The author is a student at the National Law School of India University, Bengaluru. Introduction Buy-Now-Pay-later (“BNPL”), as the name indicates, is a point-of-sale credit mechanism, where consumers can purchase a product immediately, and pay it off in various installments. This is enabled by a third-party fintech firm. The fintech firm pays for the product to the merchant (like Amazon, Zomato, etc.) through a pre-paid instrument (“PPI”)…