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The Need to Revisit the Exception of ‘Ordinary Course of Business’ under IBC
This article attempts to highlight the shortcomings of the court’s interpretation of the phrase ‘ordinary course of business’ in Anuj Jain.
Pratyush Singh
May 25, 20236 min read
The MII-racle Cure: Exploring a Hybrid Approach to Corporate Governance
Policymakers and regulators in India should consider the adoption of a more structured hybrid governance model for MIIs.
Shiv Sankar, Siddharth Melepurath
May 25, 20235 min read
Personal and Non-Personal Data in Digital India: Before and After
Author focuses on distinguishing between personal and non-personal data, including on their regulatory, legal and commercial implications.
Deborshi Barat
May 21, 202313 min read
Cross-Border Merger Framework in India: Limited Efficacy?
Per the authors, the framework for cross-border mergers in India remains of limited efficacy.
Rajat Sethi, Sumit Bansal, Oshika Nayak
May 20, 20237 min read
The Settlement and Commitment Mechanism: A New Dawn in the Competition Law Regime
The author examines the settlement and commitment mechanism under the anti-trust regime.
Shreya Sharma
May 14, 20236 min read
Issuance of Green Bonds in India: Protecting the Environment at the Expense of Commercial Prudence?
This article assesses the measures taken by the Indian government to promote green financing.
Siddharth Sengupta, Tanay Dubey
May 11, 20237 min read
Carry Forward of Losses in M&A: Identifying Beneficial Holder Upon Shareholding Change in Group Cos
The language and intent of Section 79 necessitates that the corporate veil is pierced by looking at the substance of the transaction.
Khush Bhachawat
May 8, 20237 min read
Pump and Dump: How Social Media Enables Manipulation of India's Stock Market
There is still opportunity to prevent pump and dump schemes in the future.
Mohammad Kaif
May 7, 20236 min read
SEBI's Oversight Gap: Fin-influencers and the Need for Regulation
Per authors, one needs to delve into the world of fin-influencers to see what really lies behind the cloaked veil.
Uddhav Vaishnaw, Prakhar Khandal
May 2, 20236 min read
Traversing Hub and Spoke Cartels through an Inconsistent Information Exchange Framework
India must have clarity in its information exchange jurisprudence in order to ensure robust enforcement against hub and spoke cartels.
Shobhit Shukla
Apr 30, 20236 min read
Deal Value Threshold: A Critique of India’s Latest Competition Regime
Per the author, the proposed amendments to competition regime may have far-reaching implications for businesses operating in India.
Aditi Gupta
Apr 30, 20235 min read
Multi-Sided Markets: Practical Indicia Approach in Delineation of Relevant Market
The article aims to contribute to the existing discourse on adapting competition laws to the evolving digital landscape.
Ishita Mishra
Apr 29, 20238 min read
Enforcement of Award against the Shareholders: The Delhi High Court's Dilution of the Corporate Veil
Per the authors, the principles of law emerging from DMRC case severely dilute the concept of a separate legal entity.
Shourya Mitra, Shruti Mishra
Apr 27, 20236 min read
Reconsideration of an Approved Resolution Plan by CoC: A Conundrum?
Authors analyze the power of CoC to reconsider or review its approval in a case where the successful plan is pending the approval of AA.
Kumar Shubham, Divyansh Bhardwaj
Apr 26, 20236 min read
The Conundrum of Confusopoly
Per the author, the order of the CCI in the FHRAI case on the issue of misrepresentation sets a dangerous precedent.
Rahul Taneja, Ishaan Saluja
Apr 22, 20235 min read
Organic Dominance vis-à-vis Essential Facility: Analyzing Exclusionary Effects by Big Data Firms
Author emphasizes on the need to assess whether big data firms engage in exclusionary acts by essentializing the data.
Devarshi M Trivedi
Apr 22, 20235 min read
Analysing the Impact of the Widening of Angel Tax on Indian Economy and Start-up Ecosystem
The article aims to primarily analyse the impact of the widened Section 56(2)(viib) of the Income Tax Act 1961.
Venkata Kartheek Vegesana
Apr 14, 20234 min read
Striking a Balance: Analyzing SEBI’s Consultation Paper on Carrying Forward Investments in AIF Funds
The article evaluates SEBI's proposed framework for alternative investments.
Shantanu Dhingra
Apr 10, 20236 min read
Stuck on Subjectivity: Envisioning an Alternate Assessment of Director's Good Faith Duty
The subjective-objective approach would inter alia strike a balance between directorial discretion and judicial intervention.
Piyush Senapati
Apr 8, 20237 min read
Green Buildings and Energy Efficiency: The India Story
Per the author, it is useful to examine the cost of pursuing green goals, given the existing housing demand in India.
Rachita Bhat, Deborshi Barat
Apr 2, 202312 min read
Digital Market Regulation: The Indian Perspective
The article discusses digital market regulation in India, highlighting the need for effective regulation to address various issues.
Aaryaman Soumitra Pathare
Mar 31, 20236 min read
Competition Law and IPR: Case for Further Limiting Scope of Interference under Article 226
Author discusses the interplay of competition law and IPR and calls for a clear ruling to limit the scope of interference by High Courts.
Ashwini Chawla
Mar 26, 20235 min read
“X” Marks the Spot: Determining the Situs of Virtual Digital Assets to Tax Non-Residents
Per author, VDA transactions should be treated either under capital gains or as business income, as applicable.
Archita Satish
Mar 23, 20236 min read
The Upcoming Financial Regulatory Framework under the DDP
The present article attempts to look at the regulatory framework for the financial sector in the upcoming data privacy regime.
Varuni Tewary
Mar 15, 20237 min read
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