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THE INDIAN REVIEW OF CORPORATE AND COMMERCIAL LAWS

[Akshay Sharma and Kunwar Surya Pratap are students at National University of Study and Research in Law, Ranchi.]

The insolvency and bankruptcy laws of India have witnessed multiple regimes down the timeline but none of them could satiate the urgent requirement of provi...

March 16, 2020

[Dhanshree Sharma is a third-year student at Rajiv Gandhi National University of Law.]

Given the number of initial public offers (IPOs) in the last two years, the Indian business ecosystem is long awaiting a turnaround in fortune. However, such number by itself is not i...

[Aatman Shukla and Shreya Bhatnagar are students at National Law University, Delhi.]

Pre-emptive rights, recognized by the common law from as early as the 19th century, are granted to existing shareholders in a company, in proportion of the shares held by them, to parti...

February 23, 2020

[Aditya Sethi is a student at School of Law, Christ University.]

The arbitration regime in India has had a chequered past. The three decisions of the Supreme Court of India (Supreme Court) in Bhatia, Saw Pipes and Western Geco caused the arbitration scenario to suffer s...

[Shivani Shenoy and Yashwardhan Rajawat are students at Symbiosis Law School, Pune.]

The provisions of the Insolvency and Bankruptcy Code 2016 (IBC) became, in the course of operation, repugnant to provisions contained in a number of other laws. However, due to its quas...

February 19, 2020

[Vishu Surana is a third-year student at National Law School of India University.]

An independent director (ID) is a non-executive director without any kind of interest in the company that may affect his / her independence. The role of IDs is to improve corporate credib...

February 18, 2020

[Mrudula Dixit is a student at Symbiosis Law School, Pune.]

In dispute resolution circles, the Supreme Court of India’s judgment in Garware Wall Ropes v. Coastal Marine Constructions and Engineering Company (Garware) is (in)famous. Although the decision to impound unsta...

[Dhiraj Yadav and Barkha Dwivedi are students at Ram Manohar Lohia National Law University.]

The Indian Parliament enacted the Insolvency and Bankruptcy Code (IBC) in 2016. The objective was to create a comprehensive and efficacious framework for reorganization and reso...

January 28, 2020

[Ashu Bhargav is a student at Law Centre - I, Faculty of Law, University of Delhi.]

The Competition Commission of India (CCI), in an order dated 9 August 2019, found NSK Limited, Japan (NSK) and JTEKT Corporation, Japan (JTEKT) and their Indian subsidiaries viz. JSAI Li...

[Aditya Mukherjee and Arihant Agarwal are students at Jindal Global Law School.]

The concept of interlocking directorate revolves around the ability of a director to serve and be a part of the Board of Directors (Board) of multiple companies. Whilst this is not illegal...

January 18, 2020

[Sameer Hegde is an articled trainee who has worked at a Big 4 auditing firm and a reputed medium sized auditing firm, and is a student of Chartered Accountancy.]

Not a day goes by when one does not hear about the complaints of Uber and Ola drivers, among other stakehol...

January 17, 2020

The Competition Commission of India (CCI), on 8 January 2020, released a market study on e-commerce (Study) in India to fill a much need information gap in the e-commerce sector in India. Discussed in the context of a growing importance of digital commerce in the count...

January 12, 2020

[Kritika Dobhal is a student at National Law University, Jodhpur. The following article has been contributed by her with the guidance of Mr GR Bhatia (Partner, L&L Partners Law Offices).]

The e-pharmacy sector has suffered another blow with the recent order by the Drugs...

January 11, 2020

[Sumit Kumar Gupta is a student at West Bengal National University of Juridical Sciences, Kolkata.]

In what appears to be a routine judgment, the National Company Law Tribunal (NCLT) may have triggered a chain reaction engulfing the entire industry of financial service...

January 4, 2020

[Shivam Tiwari is a final year student at National Law University, Jodhpur.]

The Indian financial market has witnessed an increasing number of defaults by stockbrokers in the past few years. Recently, Delhi-based Ficus Securities Private Limited defaulted to the tune of...

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