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Applying Issue Estoppel in Enforcement Proceedings in India: Preventing a Second Bite at the Cherry
[Himanshu and Umang are students at NALSAR University of Law, Hyderabad.] Issue preclusion, also known as issue estoppel, precludes a...
Himanshu Raghuvanshi, Umang Bhat Nair
Aug 20, 20207 min read
Implications of CCI’s Proposal to Dispense with Assessment of Non-Compete Restrictions under Merger
[Niti is a Research Associate at the Competition Commission of India.] Since merger and acquisition (M&A) transactions largely entail...
Niti Richhariya
Aug 17, 20205 min read
Arbitrability of Tenancy Disputes in India: Current Position and Expectations from the Future
[Chitransh is a student at National University of Advanced Legal Studies, Kochi.] Arbitrability of any issue is concerned with the...
Chitransh Vijayvergia
Aug 15, 20206 min read
Sandeep Mishra v/s NHAI: A Case of CCI's Prejudice
[Yagya is a student at Institute of Law, Nirma University.] Public procurement is a principal economic activity of the government which...
Yagya Sharma
Aug 10, 20206 min read
Does Section 3(1) of the Competition Act 2002 Have a Standalone Applicability?
[Srishti is a student at National Law University, Jodhpur.] The draft Competition Law Amendment Bill 2020 (Bill) was released recently....
Srishti Rai Chhabra
Aug 6, 20206 min read
Tax Implications of India's Personal Data Protection Bill
[Varun is a student at Gujarat National Law University.] The increase in the use of cloud computing has raised several privacy concerns...
Varun Gandhi
Aug 3, 20206 min read
Section 194-O of the Income Tax Act: Deconstructing the Definitions
[Sridattha is a student at Symbiosis Law School, Pune.] The Indian e-commerce industry has been on an upward growth trajectory and is...
Sridattha Charan
Jul 29, 20206 min read
To Enforce or to Relinquish – The Predicament of Joint Charge Holders under IBC
[Harshil is a student at Symbiosis Law School.] In a recent decision of the National Company Law Appellate Tribunal (NCLAT) in Mr...
Harshil Wason
Jul 28, 20206 min read
Srikanth Dwarkanath v Surana Power Limited: NCLAT’s Idea of Majoritarianism
[Keshav is a student at Gujarat National Law University.] The National Company Law Tribunal (NCLT) Chennai directed the liquidation of...
Keshav Somani
Jul 25, 20205 min read
Suspension of IBC: A Confounding Endeavour?
[Dharmi is a student at NMIMS School of Law, Mumbai.] On 5 June 2020, in the wake of the COVID-19 pandemic and the subsequent lockdown...
Dharmi Jilka
Jul 24, 20206 min read
Changing Dynamics of Venture Capital Financing in COVID-19 Era
[Poojita is a student at National Law Institute University, Bhopal.] As we cross the half-year mark, the full-fledged ramifications of...
Poojita Saxena
Jul 22, 20206 min read
Decriminalization of Dishonour of Cheque: Doing a Reality Test of MCA’s Proposal and Intentions
[Piyush and Sunil are students at Hidayatullah National Law University, Raipur.] The Ministry of Corporate Affairs (MCA) issued a...
Piyush Agrawal, Sunil Singh
Jul 15, 20206 min read
Decriminalisation of Cheque Bounce: A Step Towards Recovery?
[Anuj and Aanchal are students at National Law University, Odisha.] The economic distress caused due to the global pandemic has increased...
Anuj Jain, Aanchal Khandelwal
Jul 14, 20206 min read
Supreme Court’s Ping Pong and the Need for a Conclusive Test to Determine the Arbitral Seat
[Anhad is a practising commercial lawyer based out of Chandigarh and Delhi, having graduated from National Law School of India...
Anhad S. Miglani
Jul 12, 20206 min read
Green Channel Approval for IBC-driven Acquisitions?
[Jai is a student at Maharashtra National Law University, Mumbai.] The time bound resolution of distressed corporate entities is perhaps...
Jai Sanyal
Jul 11, 20206 min read
Clean Slate Approach under IBC: An Impetus to Insolvency Proceedings
[Divyani is a student at National Law University, Nagpur.] The Insolvency and Bankruptcy Code 2016 (IBC) is one of the most dynamic...
Divyani Auti
Jul 11, 20206 min read
A Living Law – ‘Intangible’ Business Connection
[Mohit and Vibhore are students at Institute of Law, Nirma University.] As we move more towards the digitalized world having physical...
Mohit Agarwal, Vibhore Batwara
Jul 10, 20206 min read
New Standard for Independence: NCLAT Says Ex-employee of Financial Creditor Cannot Act As Interim RP
[Aparajita is a student at NALSAR University of Law, Hyderabad.] On 22 May 2020, the National Company Law Appellate Tribunal (NCLAT), in...
Aparajita Kaul
Jul 5, 20206 min read
The Enigma Underlying Transitional Credit
[Sakshi is a student at National University of Study and Research in Law, Ranchi.] In the sphere of indirect taxation, certain basic...
Sakshi Sharma
Jul 4, 20207 min read
Maintaining Competition: The Failing Firm Defense in Indian M&A Transactions
[Shivek is a student at Amity Law School, Delhi.] The disastrous impact of the COVID-19 on domestic businesses is widely documented. In...
Shivek Endlaw
Jul 3, 20206 min read
COVID-19 and Cyclones Amphan and Nisarga: The Effect upon Contractual Obligations
[Samriddha is a student at Amity Law School, Noida, while Bikram is an Advocate.] The existential instruments and risk structure that...
Samriddha Gooptu, Bikram Bhadra
Jul 1, 20207 min read
Allahabad Bank v. Poonam Resorts: NCLAT’s Primer on Section 7
This is the excerpt.
Soham Banerjee
Jun 29, 20206 min read
NAFED v. Alimenta: Whether 'Fundamental Policy of India' Was Falsely Relied Upon for Setting
[Deeksha and Bodhisattwa are students at Maharashtra National Law University, Mumbai.] The Hon’ble Supreme Court of India has seemingly...
Deeksha Sahni, Bodhisattwa Majumder
Jun 28, 20206 min read
IBC (Amendment) Ordinance 2020: A Shot in the Uncharted Territory?
[Sumit is a student at West Bengal National University of Juridical Sciences, Kolkata.] Unprecedented lockdowns have severely impacted...
Sumit Kumar Gupta
Jun 27, 20206 min read
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