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Corporate Board Gender Diversity in the Shadow of the Controlling Shareholder

August 14, 2020

[By Dr. Akshaya Kamalnath] The author completed her graduation from NALSAR University of Law, Hyderabad, and her post-graduation from New York University (NYU). The author is currently a lecturer at Auckland University of Technology, Law School, New Zealand. Dr. Kamalnath runs a blog named The Hitchhiker’s Guide to Corporate Governance which can be accessed here. In an article co-authored with Professor Annick Masselot, I examined corporate board diversity…

Right of Subrogation Under IBC: Impact on Market

August 13, 2020

[By Gopal Gour] The author is a student at Maharashtra National Law University Mumbai. Introduction Guarantees play a pivotal role in any commercial transaction because the parties prefer to be secured if the other party fails to perform its obligation. For example, in a loan transaction between A & B; C stands as a guarantor of B, ensuring the repayment of the loan if B defaults. Guarantee is…

Re–Examining the Domestic Tax Scenario in a Pandemic (Part 2)

August 10, 2020

[By Mohit Gupta] The author is a PhD Researcher at Centre for the Study of Law and Governance, Jawaharlal Nehru University, New Delhi. To read Part 1 of the article, please click here. Now, if one talks about the indirect taxes in the country then there are various types of indirect taxes that were levied by Central Government and various State governments before the introduction of The Goods…

Re–Examining the Domestic Tax Scenario in a Pandemic (Part 1)

August 10, 2020

[By Mohit Gupta] The author is a Ph.D. Researcher at Centre for the Study of Law and Governance, Jawaharlal Nehru University, New Delhi. There are various types of taxes levied by the government which can broadly be categorized into two categories – Direct and Indirect Taxes. Direct Taxes are those taxes for which the burden and incidence of the tax fall on the same person- that is the…

Indus Biotech Private Limited v. Kotak India Venture Fund-I: Arbitration Of Insolvency Proceedings?

August 8, 2020

[By Hitesh Nagpal] The author is a student at Maharashtra National Law University, Mumbai. In a recent decision, dated 9 June 2020, the National Company Law Tribunal(“NCLT”) Mumbai Bench in Indus Biotech Private Limited v. Kotak India Venture Fund-I, referred the financial creditor and the corporate debtor to arbitration while adjudicating a plea under section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”). In this article, the…

Standard Essential Patents: The Controversial FTC v. Qualcomm Judgement

August 7, 2020

[By Varsha Jhavar] The author is a student at Hidayatullah National Law University, Raipur. Introduction The world’s leading company in 5G innovation is embroiled in antitrust litigation with the United States Federal Trade Commission (hereinafter FTC), the US’ competition regulatory authority. On 21 May 2019, Judge Lucy Koh of the United States District Court for the Northern District of California held that Qualcomm was in violation of its…

Amendments to the Indian Stamp Act – Ushering into a New Regime

August 4, 2020

[By Saksham Shrivastav and Urvisha Kesharwani] The authors are students at the National University of Study and Research in Law, Ranchi. To retrench the needless overlaps of liable stamp duties in the earlier regime and provide a more uniform and centralized collection system, the Government of India (“Government”) last year introduced certain legislative amendments. The amendments brought in by  Chapter IV of the Finance Act 2019 (“Amendment”) to…

Algorithmic Collusions and the Implications of Hub-And-Spoke Cartels

August 2, 2020

[By Srishti Suresh] The author is a student at NALSAR University of Law, Hyderabad. Introduction The recent National Company Law Appellate Tribunal (“NCLAT”) ruling in the case of Samir Agrawal v. Competition Commission of India & Ors.[i], effectively upheld the previous CCI Order[ii], in holding that the algorithms used by cab aggregators such as Uber and Ola, do not result in the creation of a hub-and-spoke cartel. In…

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