THE INDIAN REVIEW OF CORPORATE AND COMMERCIAL LAWS

[Mohit and Vibhore are students at Institute of Law, Nirma University.]

As we move more towards the digitalized world having physical presence as a prerequisite for exercising a right to tax, the business income is bound to dilute in the source state. Under the current...

July 5, 2020

[Aparajita is a student at NALSAR University of Law, Hyderabad.]

On 22 May 2020, the National Company Law Appellate Tribunal (NCLAT), in the matter of State Bank of India v. M/s. Metenere Limited, upheld the order passed by National Company Law Tribunal, Delhi (NCLT), m...

July 4, 2020

[Sakshi is a student at National University of Study and Research in Law, Ranchi.]

In the sphere of indirect taxation, certain basic taxes are levied on every manufacturer and service provider in respect of his business of manufacturing or providing services. As the man...

July 3, 2020

[Shivek is a student at Amity Law School, Delhi.]

The disastrous impact of the COVID-19 on domestic businesses is widely documented. In order to stay afloat, many failing businesses may be forced to consider a merger or an acquisition by another entity. Such parties wou...

[Samriddha is a student at Amity Law School, Noida, while Bikram is an Advocate.]

The existential instruments and risk structure that range the legitimate stimulus of contractual obligations in issues like employment, advancement, entertainment, education and others had...

June 28, 2020

[Soham is an Associate at Vashi and Vashi Advocates and Solicitors, Mumbai.]

There is no gainsaying in the fact that whilst an insolvency application filed by an operational creditor can be denied admission on the grounds of a ‘pre-existing dispute’, the Insolvency and...

June 26, 2020

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

Unprecedented lockdowns have severely impacted businesses and financial markets and ravaged the foundations of the economy in the country as the corporate defaults have been on the r...

June 26, 2020

[Devansh is a student at Ram Manohar Lohia National Law University.]

The unification of insolvency laws in the form of the Insolvency Bankruptcy Code 2016 (Code) has been a colossal respite to the withering economy replacing the erstwhile Sick Industrial Companies Act (...

[Rishabh and Rakesh are students at National University of Study and Research in Law, Ranchi.]

The nation-wide lockdown has led to the halting of ongoing real estate projects around the country. The Ministry of Housing and Urban Affairs (MOHUA) in its Office Memorandum...

[Preksha and Anchit are students at Gujarat National Law University.]

Under Part II of the Insolvency and Bankruptcy Code 2016 (IBC), the adjudicating authority, which is the National Company Law Tribunal (NCLT), has been given wide and extensive powers with respect to...

June 23, 2020

[Pinak Parikh is an Associate at Singhi & Co.]

In D&H India Limited v. Superon Schweisstechnik India Limited (Superon), the commercial appellate division of the Delhi High Court observed that Section 13(1A) of the Commercial Courts Act 2015 (Act) allows appeals to be pr...

[Tanvi Apte and Nishtha Goyal are students at NALSAR University of Law.]

In the last decade, there has been a global push towards mandating or encouraging reservations for women on boards of companies.[1] India is no alien to this push. Specifically, under Section 149 o...

[Yagya and Paridhi are students at Institute of Law, Nirma University, Ahmedabad.]

On 20 May 2020, a single-judge bench of the Delhi High Court in the case of Monsanto Holdings Private Limited and Others v. Competition Commission of India and Others (Monsanto) held that...

[Himanshu and Umang are students at NALSAR University of Law.]

In November 2019, the Supreme Court of India (Supreme Court), in Perkins Eastman Architects DPC & Anr. v. HSCC Ltd. (Perkins), called for an end to the practice of a party unilaterally appointing the sole ar...

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