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Auditors’ Risk v. Reward – Analysis in Light of Recent Amendments

August 31, 2021

[By Ria Chaudhary & Aayush Akar]  Ria Chaudhary is a student at National Law University, Jodhpur and Aayush Akar is a student at National Law University, Odisha.  Introduction  In commonly accepted usage, auditing of books of accounts is taken to mean the verification and assessment of a company’s books and financial statements by an impartial, independent and qualified auditing professional. . It is undertaken with the primary objective...

Keeping it Time Bound: Resolution Plans under IBC

August 30, 2021

[By Soham Chakraborty & Aaryan Wasnik]  The authors are students at the NALSAR University of Law, Hyderabad.  The 32nd Report by the Standing Committee on Finance submitted to the Parliament, has made many pertinent observations and recommendations with respect to the functioning of the Insolvency and Bankruptcy Code, 2016 (hereinafter “Code”). In the Section titled “Performance Review of the NCLT System,” the Standing Committee pointed out various reasons...

Enforcement Period v. Claim Period: A Debate Settled by Delhi High Court

August 27, 2021

[By Ashutosh Kumar & Shambhavi Shani]  The authors are students at the Hidayatullah National Law University.  An inextricable knot between the limitation period and Exception 3 of Section 28 of the Indian Contract Act has time and again, been subjected to judicial and legislative scrutiny and is yet again in limelight after Justice Jayant Nath of Delhi High Court in the case of Larsen & Toubro Limited &Anr. V. Punjab...

The Switch of Seats between State and Corporates

August 27, 2021

[By Umang Agarwal & Anchal Bhatheja]  The authors are students at the National Law School of India University, Bangalore.  There has been an undesirable but convenient switch of roles of the government and corporates, which is reflected quite starkly in section 396 of the companies act 1956 (‘CA1956’) (which has now been replaced by section 237of companies Act 2013 (CA13) On one hand, this provision empowers the government...

CCI’s Expedited Approach to tackle violations in the E-Commerce Industry: In the light of the Investigation against Amazon & Flipkart

August 27, 2021

[By Devashish Srivastava]  The author is a student at the National Law University, Odisha. Introduction The E-commerce industry has been on a drastic rise over the last decade, generating revenue of billions of dollars in India every year. Similar to the revenue, the e-commerce industry brings in a plethora of regulatory and compliance complexities. Owing to the business model of the e-commerce industry, multiple sector-specific laws and regulations...

The Oppression & Mismanagement Clause: Exploring The Need For Revision Under The Indian Law

August 24, 2021

[By Rishi Raj & Mehek Wadhwani]  The authors are students at MNLU, Aurangabad.  Introduction The ideal of corporate democracy envisages that a company governs its affairs based on majority voting, with the shareholders voting to decide on the course of action. Under these circumstances, the intervention of law may be required to address the possibility of the majority decision departing from the standards of fair dealing or conducting...

Surfing The Waves Of Change: Has The Concept Of Promotors Come Of Age In India?

August 24, 2021

 [By Aashirwa Baburaj]  The author is a student at NMIMS Kirit P. Mehta School of Law, Mumbai.  With the rise of unicorns, such as PayTM, in the fintech industry and the emergence of a new shareholding pattern comprising of private equity (“PE”) and institutional investors; the controlling powers that were long vested in the hands of promoters in India, have begun to steadily slip through the fading Indian concentrated ownership structure. In...

Innovation and Data Privacy: Merger Review in Digital Markets: Part II

August 22, 2021

[By Tawishi Beria]  The author is a student at the Jindal Global Law School.  With the rise in digital activity across the globe, there has been a growth in the might of a select few companies in such digital markets. This has raised several concerns, including antitrust and privacy-related issues. Consequently, there has been increased discussion and debate on the need to alter how competition authorities conduct merger...

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