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[By Ankit Sharma] The author is a student at the Jindal Global Law School, Sonipat. Introduction The withdrawal of resolution plans under The Insolvency and Bankruptcy Code 2016 (“Code”), had always been a contentious issue, with the NCLTs and NCLAT taking conflicting positions in the past. In the recent case of Ebix Singapore Private Limited v. Committee of Creditors of Educomp Solutions Limited (“Ebix Singapore”), the Supreme Court…
[By Shuchi Agrawal] The author is a student at the Jindal Global Law School. Corporate governance refers to the mechanisms which are used to regulate and govern a corporation. The model of corporate governance adopted, determines the scope of powers that are wielded by different actors, in order to facilitate the smooth functioning of a company. The U.S. and U.K. follow an outsider model of corporate governance, which…
[By Alay Ninad Raje] The author is a student at the Institute of Law, Nirma University. Introduction The heat of Dawn Raid was recently faced by Beer Companies who were held responsible for violating the provisions of the Competition Act, 2002 (“the Act”) by forming and operating an all-India cartel, by the Competition Commission of India (“CCI”) vide an order dated 24.09.2021.This order relied upon pieces of evidence…
[By Varuni Agarwal] The author is a student at the National Law University, Odisha. INTRODUCTION Section 7 of the Insolvency Bankruptcy Code (“IBC”) empowers a financial creditor to initiate a Corporate Insolvency Resolution Process against the Corporate Debtor on account of default. As per Section 5(7) of IBC, a financial creditor means a creditor against whom the Corporate Debtor owes a financial debt. Section 5(8), defining financial debt,…
[By Brahm Sareen] The author is a student at the University school of law and legal studies, GGSIPU. Introduction: Recently, the multinational corporations (hereinafter referred to as “MNCs”) operating under the franchise agreement in India started facing scrutiny by the taxman over the royalty income which is a part of their intangible assets. These MNCs operate in India by allowing the Indian companies to operate their subsidiaries in…
[By Neha Koppu] The author is a student at the Symbiosis Law School, Hyderabad. The COVID-19 pandemic has cast a shadow upon the Indian economy. The financial sector was in turmoil after the imposition of the first lockdown back in March 2020. The mutual fund industry was no exception to this crisis. There was a negative return on equity-oriented mutual funds of around 25% to the investors in…
[By Kapil Devnani] The author is a student at the Hidayatullah National Law University, Raipur. Section 138 of the Negotiable Instrument Act, 1881 (hereinafter “NI Act”) is a penal provision that allows the payee to institute a suit against the payer in case the cheque drawn by him got dishonoured. Recently, in the month of January 2022, three important judgements of different High Courts regarding this provision came.…
[By Divyansh Ganjoo & Ayush Singh] Ayush is an associate at L & L Partners & Divyansh is a student at USLLS, GGSIPU. A Joint Land Development Agreement (“JDA”) is quite typical in Real Estate Development/Redevelopment transactions between the Developers and the Landowners. At times, a tripartite agreement may also exist in which the State Development Authority or a lending bank/Non-Banking Financial Company (“NBFC”) may be made another…