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[By Injila Khan and Utkarsh Mishra] Injila is a student at the Institute of Law, Nirma University, Ahmedabad and Utkarsh is a student at Symbiosis Law School, Noida. The Insolvency and Bankruptcy Code 2016 was enacted to structure and amend laws relating to the reorganization of financial assets and insolvency resolutions relating to corporate persons. Part II of the code deals with Insolvency Resolution and Liquidation for Corporate…
[By Anchal Bhatheja and Chaaru Gupta] Anchal is a student at the National Law School of India University, Bangalore and Chaaru is a student at the National Law University Jodhpur. Section 135 of the Companies Act 2013 (the “Act”) in India provides for mandatory Corporate Social Responsibility (CSR) by corporations. Prior to 31.07.2019, the provision required corporations to merely ‘comply or explain’, that is, if a company did…
[By Christina D’Souza] The author is a third year student at RMLNLU, Lucknow. It has been almost a year since the Notification dated 24.03.2020([i]) (“Notification”) was notified by the Ministry of Corporate Affairs to increase the amount of default from 1 lakh rupees to 1 crore rupees for filing applications under Part II of the IBC. Even today, an issue is raised before NCLTs regarding the admissibility of…
[By Anumeha Agrawal] The author is a student at the Symbiosis Law School, Pune Introduction A Special Purpose Acquisition Company (hereinafter referred to as “SPAC”) as the nomenclature suggests is a company incorporated with the sole aim to acquire another private company thus converting it into a public company. The first step involved in the functioning of SPAC is the incorporation of the company with the promoters having…
[By Vanshaj Dhiman and Palak Jagetia] The authors are students at the Dr. Ram Manohar Lohiya National Law University, Lucknow. Relevant market delineation has become the most prominent determinant to ascertain the market power of enterprises and to analyze their ability to abuse their market power or to cause an appreciable adverse effect on competition (AAEC) in the market. Market practices like making warranty obligations contingent to use…
[By Mohammad Aqib Gulzari] The author is a student at the University School of Law and Legal Studies, GGSIPU, Delhi. Introduction The American phenomenon of ‘Special Purpose Acquisition Companies’ (SPAC), popularly known as ‘blank cheques companies’, has caught the eyes of investors around the world and taken the international capital market by storm. SPACs are primarily shell companies designed to take companies public without going through the traditional…
[By Anam Chowdhary] The author is a student at the National Law School of India University, Bangalore. In today’s world of the digital economy, it would not be wrong to suggest that consumer data indeed holds a high position. We cannot ignore the fact that data indeed has gained much more important than ever before when it comes to online transactions with or on big firms like Facebook,…
[By Akshita Totla] Akshita is a 4th year law student at the Institute of Law, Nirma University. Recently, the Supreme Court in Indus Biotech Private Limited v Kotak India Venture (26 March, 2021) (Indus Biotech),[i] elaborately discussed the arbitrability of the insolvency law disputes in India. The SC in this case categorically held that post the admission of petition under section 7 of the Insolvency and Bankruptcy Code,…