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[By Shaurya Singh and Sanya Goel] The authors are students at the Jindal Global Law School, Sonipat. The shareholder rights plan, commonly known as the ‘Poison-pill’ is a strategy used to defend against a hostile takeover by issuing new shares at discount to the existing shareholders other than the acquirer. This dilutes the shareholding of the acquirer while providing an opportunity to the other shareholders to raise their holdings at…
[By Priyanshi Jain] The author is a student at the Institute of Law, Nirma University. Introduction A show-cause notice consists of a prima facie opinion by the tax department with respect to the offence made out against a taxable person. The aim of pre-show cause notice is to reduce the burden of unnecessary litigation before issuing the final show-cause notice. The need for the same was initially highlighted in the…
[By Harshit Joshi] The author is a student at the Vivekananda Institute of Professional Studies. An appeal was brought before the Supreme Court in which both the Delhi High Court and the Punjab & Haryana High Court refused to have territorial jurisdiction over the dispute due to a difference of opinion and dismissed appeals filed before them. The Supreme Court solved the conundrum concerning appellate jurisdiction of the High Courts…
[By Pranay Agarwal] The author is a student at the Gujarat National Law University. Introduction The process of merger and acquisition is not consolidated in India and still remains a practical aspect influenced more by the business practices and the consensus between the entities. One of the important aspects of this process is the Share Purchase Agreements (SPAs) where the shares of the seller are legally transferred to the buyer…
[By Shalin Ghosh] The author is a student at the Maharashtra National Law University, Mumbai. Introduction The Insolvency and Bankruptcy Code, 2016 (“IBC”) contemplates the initiation of insolvency proceedings only by financial and operational creditors under Section 7 and Section 9 respectively. Section 7 (5) (a), in particular, triggers the insolvency process for financial creditors, once the Adjudicating Authority (“AA”) decides the existence of debt and default. The Supreme Court’s…
[By Prakriti Singh] The author is a student at HNLU. The Indian Competition Law Regime is bracing for the first amendment to the Competition Act, 2002. The Competition (Amendment) Bill, 2022 has proposed substantial changes for both the arms of the Indian Competition Law Regime, i.e., merger control and cartel enforcement. Cartels are considered to be a heinous offense under the antitrust law. These twenty years of the…
[By Akrama Javed and Aditya Maheshwari] The authors are students at the Gujarat National Law University. Introduction Recently, after a coon’s age of introduction of the Draft Competition (Amendment) Bill, 2020, the legislature introduced the Competition (Amendment) Bill, 2022 (hereinafter as “Bill”), wherein certain changes in the present legal regime have been incorporated. The Bill so proposed needs to be analyzed in the context of the digital market (hereinafter as…
[By Aditya Maheshwari and Kaushlendra Pratap Singh] The authors are students at the Gujarat National Law University, Gandhinagar. Introduction The securities market (“market”) is a gravitating concept modulated by various controllable and uncontrollable factors. One of the significant aspects of the flourishment and progression of the market is the role of investors’ confidence in the market and the regulatory body. On various occasions, an accentuation is being made on the…