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[By Divya Mann and Anubhav Chaudhary ] The authors are students at the National Law University, Lucknow. Introduction Today, it is a common business practice in India for companies to establish their subsidiaries and associate companies. While some of these big conglomerates’ companies may establish them for commercial interest,[i] Others are established to supplement the sister concerns. The assets and liabilities of these group companies are so intricately…
[By Milind Rajratnam and Anusha Maurya] The authors are students at the Dr. Ram Manohar Lohiya National Law University, Lucknow. During online shopping festivals such as Flipkart’s “Big Billion Days” and Amazon’s “Great Indian Festival”, e-commerce giants offer some major discounts on their products. In 2020, during the initial days of their flagship festive season sales, Flipkart and Amazon were raking together at $3.5 billion (about Rs 26,000…
[By Umang Pathak] The author is a student at the Jindal Global Law School. On 18th December 2020, the National Company Law Appellate Tribunal (“NCLAT”) in Rajnish Jain v. Anupam Tiwari & Anr., held that, neither the Resolution Professional (“RP”) nor the Committee of Creditors (“COC”) have the sufficient vires to determine disputed claims of creditors. Only the National Company Law Tribunal (“NCLT”) has the judicial authority to…
[By Hansaja Pandya] The author is a student at the Gujarat National Law University. Stewardship is defined as the art of conducting, supervising, or managing of something entrusted to one’s care. The Stewards of commercial markets are institutional investors like the pension funds, mutual funds, insurance companies, asset management companies, investment advisors etc. They shoulder a responsibility to exercise their rights as shareholders of investee companies in order…
[By Nikshetaa Jain] The author is a 2nd Year student at The National Law University, Odisha. 1. Introduction Corporate groups have grown immensely due to the various legal, tax and business benefits they provide to the owners. However, the structure of corporate groups is very complex, and it is often difficult to make clear distinctions between the ownership and management patterns. This difficulty becomes more pertinent when two…
[By Mayank Bansal & Dev Bansal] The authors are students at the Dr B.R Ambedkar National Law University, Sonepat. Introduction For a successful insolvency regime, the prevention of fraudulent transactions made by the management of the corporate debtor in the hands of certain preferred creditors is crucial to uphold justice. Since these transactions are made prior to the initiation of the Corporate Insolvency Resolution Process (“CIRP”), they reduce…
[By Devansh Rathi] The author is a student at the Dr Ram Manohar Lohiya National Law University, Lucknow Introduction – Since the advent of the Insolvency and Bankruptcy Code of 2016 (“the Code”), the adjudicating and the appellate authority has relied upon and confined itself to the bare text of the Code to interpret the legislature’s intent to disentangle the numerous issues that have arisen. One peculiar concern…
[By Taniya and Abhinav Singh Chauhan] The authors are students at the National Law University, Odisha. Amidst the informational age, companies, irrespective of their domains, have an eye on data and are investing significantly to get a hold of it. Therefore, data becomes an essential and scarce resource. Companies like Google and Facebook have a significant edge over their competitors due to their capacity to gather and process…
