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The Conundrum Of Taxing IPR: The Achilles Heel Of Taxation Regime In India

February 8, 2022

[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...

Lessons From The Franklin Templeton Debacle

February 8, 2022

[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...

High Courts determining the scope of Section 138 of Negotiable Instruments Act, 1881

February 8, 2022

[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....

Fishing For Landowner’s Rights In JDA: An IBC Perspective

January 19, 2022

[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...

A Critical and Comparative Analysis of India’s Proposed SPAC Listing Regime by IFSCA: Balancing the Rights of Founders along with Protection to Investors

January 19, 2022

 [By Aastha Bhandari]  The author is a student at the O.P Jindal Global University. Introduction This article intends to address that while India is joining the race to becoming an attractive destination for the listing of Special Purpose Acquisition Companies (hereinafter referred to as “SPACs”) through the proposed International Financial Services Centres Authorities (Issuance and Listing of Securities) Regulations of 2021 (hereinafter referred to as “IFSCA Regulations”), Indian regulators...

Adjudicating Contractual Disputes under IBC makes no Jurisdictional Sense

January 19, 2022

[By Yash Sinha]  The author is an Advocate based out of Delhi.  The Insolvency and Bankruptcy Code, 2016 (‘IBC’) contains a residuary jurisdiction clause under Sec. 60(5)(c). The Supreme Court has attempted to put in words the inferable scope of the same twice in 2021: once in Gujarat Urja Vikas v. Amit Gupta(‘Amit Gupta’), followed by the very recent judgment in the case of TATA Consultancy Services Limited...

January 19, 2022

[By Soumyodeep Halder]  The author is a student at Government Law College, Mumbai.  The Insolvency and Bankruptcy Code, 2016 (“IBC” or “Code”) was envisioned as a means to rescue businesses from financial distress. The Code sought to consolidate the extant legal framework into a single piece of legislation. As a result, the IBC repealed two Victorian legislation – i.e. the Presidency Towns Insolvency Act, 1909 and Provincial Insolvency...

Zee-Invesco Corporate Battle: A fresh case of Shareholder Activism in India

January 19, 2022

[By Mehek Wadhwani & Rishi Raj]  The authors are students at MNLU Aurangabad.  Introduction The globally revered tenet of good corporate governance combined with the incessantly increasing importance of Shareholders’ rights has ignited ‘Shareholder activism’ as a primary phenomenon in several developed markets such as the United States of America (“USA), the United Kingdom (“UK”), etc. This activism in the Asian markets is faced with cultural resistance and...

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