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[By Arya Mittal & Naman Keswani] The authors are students at the Hidayatullah National Law University. Recently, the Hon’ble Supreme Court of India gave its judgement in the case of India Resurgence Arc Private Limited v. M/s Amit Metaliks Limited & Anr. wherein it held that a dissenting secured financial creditor cannot claim a priority over other creditors based on the security interest held by it. The legal…
[By Avik Sarkar] The author is a student at K.L.E. Society’s Law College, Bengaluru. The Competition Commission of India has time and proved through its revolutionary judgements that they are the real guardian for consumers and small market players by saving them from harrowingly oppressive policies of the big market players. And on this occasion in the case Neha Gupta v Tata Motors the commission has demystified the limitation aspect…
[By Pranav Tomar & Umang Chaturvedi] The authors are students at the Rajiv Gandhi National University of Law, Patiala. Introduction The commercialization of sports has strongly affected the landscape of sports federations in India. Now, these associations/federations act not only as regulators of domestic sports or facilitators to sportspersons but also add value to business houses. Recent trends prove that these Government-recognized federations are frequently found in conflict…
[By Shaivi Nihal Shah & Palash Moolchandani] The authors are students at the National Law University Odisha. Introduction Infrastructure Investment Funds (“InvITs”) and Real Estate Investment Trusts (“REITs”), collectively referred to as ‘business trusts’, have recently witnessed increased popularity in the country. Over the past few months, Indigrid, an Indian InvIT (“I-InvIT”), put out a Rs. 1284 crore – rights issue and Brookfield India, an Indian REIT (“I-REIT”),…
[By Swetha Somu] The author is a student at Gujarat National Law University. INTRODUCTION “Women Hold Up Half the Sky.”- Mao Zedong Analogous to this article is the proclamation made by Mao Zedong– to bring out women from domestic work to the professional field. Even today, if you walk inside a boardroom, it’s most likely that you’ll see more men like the Ambanis and Elon Musks than women…
[By Saikishan B Rathore] The author is a student at Gujarat National Law University, Gandhinagar. It is settled law that a statutory body cannot grant interim relief unless such power has been vested by the statute. Section 33 of the Competition Act, 2002 empowers the Competition Commission of India to grant interim relief upon satisfaction that an act in contravention of Section 3(1), Section 4(1) or Section 6…
[By Pragya Dixit] The author is a student at ILS Law College, Pune. The Competition Commission of India (CCI) in an Order dated 09.11.2020, directed an investigation against Google and its affiliates on information filed alleging violation of Section 4 of the Competition Act, 2002 (Act). The Commission ordered the aforementioned investigation in relation to three allegations leveled against Google. Amongst those three allegations, one allegation involved…
[By Samar Pratap] The author is a student at the Institute of Law, Nirma University. Introduction The third parties are prohibited from terminating, stopping, or interrupting the supply of essential goods and services to the corporate debtor under Section 14(2) of the Insolvency and Bankruptcy Code (hereinafter referred as “IBC”). The Insolvency and Bankruptcy Board of India Regulations 2016 (CIRP Regulations) describe “essential goods and services” broadly,…