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[By Pritika Negi and Delphina Shinglai] The authors are students at the Gujarat National Law University. Alternative Investment Funds (hereinafter AIFs) have shifted the traditional market functioning from indirect to direct, active to passive, and from public to private[i]. The availability and accessibility of alternative investment assets make it a viable option attracting investors. Significant development in securities markets has aided in the explosive growth of private markets. More...
[By Harshit Joshi] The author is a student at the Vivekananda Institute of Professional Studies. Introduction According to common law principles, a breach of duty by a director can be ratified if the shareholders pass a resolution exonerating the director from the liability arising from such breach. It is an expansion of the common law concept that states people who owe duties may be relieved from the legal obligations resulting from...
[By Aditya Maheshwari and Dhruv Gupta] The authors are students at the Gujarat National Law University. Introduction Both global and domestic markets witnessed continuous growth post-1991’s globalization policy. One of the outcomes of this policy was Foreign Direct Investment (“FDI”). It can be understood as financial transactions between a foreign and a domestic entity where the former has a significant say in the management of the latter. Over the years,...
[By Aman Sadiwala] The author is an associate at Rashmikant and Partners. The contract enforcement mechanism of India has been subject to criticism for being inefficient. This was reflected in the World Bank’s Ease of Doing Business Report 2016 where India ranked 130th overall and 178th on contract enforcement (out of 189 countries).[1] This spurred the Government of India to constitute an Expert Committee to propose reforms to the...
[By Sharia Shoaib] The author is a student at the National Law University, Jodhpur. The Competition Commission of India (CCI) has recently probed into alleged abuse of the dominant position by Google for discriminately enforcing their payment systems on app developers. Google’s Play Store billing policy makes it mandatory for app developers to pay a hefty commission fee of up to 30 percent from the in-app earnings on the...
[By KV Kailash Ramanathan] The author is a student at the National University of Advanced Legal Studies (NUALS), Kochi. Recently, the NCLAT in Jaipur Trade Expocentre Pvt Ltd vs M/s Metro Jet Airways examined the issue of whether claims of license fee for the use of immovable property to conduct business, falls within the ambit of ‘operational debt’ under S5(21) of the Insolvency and Bankruptcy Code (hereinafter referred to...
[By Ayush Hoonka and Akarsh Singh] The authors are students at the School of Law, Christ (Deemed to be University). Introduction Over the years, the Indian capital market has undergone significant changes and has evolved over a period of time. This is especially true in regards to the equity segment of the capital market, where just the total market capitalization of the Indian equity market stood at 3.21 trillion...
[By Ashutosh Rajput] The author is a student at the Hidayatullah National Law University, Raipur. The Draft Competition Amendment Bill, 2020 (Draft Amendment) proposes the insertion of clause (2A) to Section 26 of the Competition Act, 2002 (Act). The proposed amendment reads “The Commission may not inquire into agreements referred to in section 3 or into conduct of an enterprise or group under section 4, if the same...