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[By Samanth Dushyanth and Yashaswi Rohra] The authors are final year students of Symbiosis Law School, Pune and can be reached at yashaswirohra@gmail.com. Introduction On 26th December 2018, Department for Promotion of Industry and Internal Trade (DPIIT), released Press Note No. 2 of 2018 (“Pn2”) introducing certain key changes to the Consolidated FDI Policy, 2017 (“FDI Policy”) in the e-commerce sector. Pn2 amends paragraph 5.2.15.2 (E-commerce activities) of...
[By Saket Agarwal] The author is a fourth year student of National Law University, Jodhpur and can be reached at saketagarwal16@gmail.com Introduction India in the past few years has been a major victim of corporate frauds including the Nirav Modi scam. When it came to affixing liability, one person was found to be negligent in performing his duties in almost all cases, the independent director of the company....
[By Aditya Goyal] The author is a fourth year student of National Law Institute University, Bhopal and can be reached at goyal.aditya173@gmail.com. Introduction Lately, there have been growing concerns over the exploitation of buyer’s power, which has raised issues concerning the sphere of functioning of Competition law in India. The Competition Act, 2002, (“the Act”) was introduced to streamline growing industrial practice in India and to provide a...
[By Jubin Jay and Kirti Vyas] The authors are fifth year students of National Law University, Odisha Introduction A Corporate debtor is provided with a surviving mechanism during moratorium through the application of Section 14 of the Insolvency and Bankruptcy Code, 2016 (“the Code”). The moratorium period is declared by the adjudicating authority under Section 13 of the Code after admitting the application for initiating Corporate Insolvency Resolution Process...
[By Mreganka Kukreja] The author is a final year student of Symbiosis Law Schoole, Pune and can be reached at mreganka.kukreja@symlaw.ac.in. Introduction The seemingly unending saga of the seat versus venue debate seems to have taken an interesting turn in light of the Supreme Court’s recent decision in the case of Brahmani River Pellets Limited v. Kamachi Industries Limited. [i] In this judgment, the Division Bench revisited the applicability...
[By Ankur Gupta] The author is a law lecturer with Temasek Business School at Temasek Polytechnic in Singapore. Besides facilitating learning and conducting research in various areas of law, he has a keen interest in monitoring how the business of law may change bringing with it changing expectations of employers on Skills of lawyers and other professionals working in the legal services sector. He can be reached at...
[By Ravleen Chhabra] The author is a final year student of Institute of Law, Nirma University and can be reached at ravleenchhabra096@gmail.com. Introduction The Insolvency and Bankruptcy Code (“IBC” or “the Code”) has been probably one of the greatest developments in the Indian Legal System in a bid to reform India’s irresistible Non-Performing Assets conundrum. The Insolvency and Bankruptcy Board of India (“IBBI”), is the body that regulates the...
[By Rashmi Birmole and Sahaja Burde] The authors are third year students of ILS Law College, Pune and can be reached at rbirmole@gmail.com. Introduction In what appears to be a complete overhaul of the Indian merger approval process, the Competition Commission of India (“CCI“) recently introduced a deemed approval mechanism called the “Green Channel” by way of its 7th set of amendments (Amendment Regulations 2019) [i] to the Competition Commission...