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Anatomisation Of Substantive Consolidation Vis-A-Vis The Re Owens Case

February 14, 2021

[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...

Dilemma with Avoidance Proceedings Post Corporate Insolvency Resolution Process

February 10, 2021

[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...

Refund Of Advance Is Not Operational Debt – The General Proposition & The Anomaly

February 3, 2021

[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...

Capturing Data Privacy through the Lens of Competition Law

January 30, 2021

[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...

The Dichotomy Between Competition Law and IPR

January 27, 2021

[By Nipun Kumar] The author is a student at the ILS Law College, Pune. Competition law and Intellectual Property Rights (hereinafter “IPR”) are two policies that have a common objective of ‘consumer welfare’ and ‘efficient allocation of resources’. Modern understanding of these two disciplines is that both the laws work in conformity to each other in order to ‘bring new and better technologies, products, and services to the...

Invoking Multiple Guarantees of the Corporate Debtor Before Maturity of CIRP

January 24, 2021

[By Sushant Kumar and Vanshaj Dhiman] The authors are students at the Dr. Ram Manohar Lohiya National Law University, Lucknow. The contract of guarantee is an essential part of the restructuring process of the corporate debtor. It is a settled position in contract law that the guarantor’s liability arises as soon as the borrower defaults in making payment of the debt. However, the advent of the Insolvency and...

IBC & Guarantee Contracts: NCLAT Rules on Simultaneous Applications

January 21, 2021

[By Shubham Nahata] The author is a student at the Hidayatullah National Law University. Introduction Post the enactment of the Insolvency and Bankruptcy Code, 2016(“Code”), the credit recovery mechanism in India has witnessed substantial growth in terms of improved resolution opportunities for ailing entities. However, there still exist certain anomalies in its jurisprudential framework which need correction either in the form of affirmative action by the legislature or...

A Conspectus on Vicarious Liability Of Non-Executive Directors

January 19, 2021

[By Aayush Akar and Aarushi Prabhakar] The authors are students at the National Law University, Odisha. The directors of a company hold a fiduciary role and are required to conduct the operation of the company in a way that is desirable to the interests of the company. Non-executive or independent directors are not responsible for day-to-day businesses and are generally active in the strategy and decision-making practices. The...

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