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Inquisitorial Interventions by High Courts with Insolvency and Bankruptcy Code

[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 providing an efficacious remedy to the creditors and thus, the entire system was popularly termed as ‘defaulters paradise’. Therefore, the government introduced the Insolvency and Bankruptcy Code 2016 (IBC), which formed part of the crucial reforms in the bankruptcy laws of India. It primarily seeks to incorporate the element of uniformity in the laws relating to insolvency and bankruptcy in India by consolidating and amending the

Differential Voting Rights: A Necessary Initiative or is SEBI Biting Off More Than It Can Chew?

[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 indicative of a fertile ground for startups. There is a slight reluctance from the asset-light startup entrepreneurs to undergo an IPO due to the dilemma between capital investment and dilution of control in the management. Further, dilution of equity takes the company off its long-term vision, thereby severely affecting its performance. Internationally, many countries allow for listing and issuing of dual class structures (DCS

Rationalizing the Rights Issue Process of Listed Companies: Recent Amendments

[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 participate in the new offer of shares by the company. The Companies Act 2013 (Companies Act) codifies this right, and such an issue of shares is commonly termed as the 'rights issue'. While the Companies Act does not specifically mention this, the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations (ICDR Regulations) define the term as an issue of shares by a listed company to its exis


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