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Agam Gupta, Shubhanshu Dubey
Jun 9, 20247 min read
Companies Act Prevails: Supreme Court's Ruling on Share Capital and Stamp Duty
The instant ruling clarifies the precedence of the company law regime over the Bombay Stamp Act.
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Tirth Shah
Jun 8, 20246 min read
Evaluating Considerations of Equity Pledging by Alternative Investment Funds
Allowing encumbrance of equity by AIFs may prove to be beneficial for investees in enabling a new means of finance.
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Saumya Singh, Aprajita
Jun 7, 20249 min read
IDA, Corporate Governance, and Judicial Role in Preventing Workers’ Victimization during Pending Disputes
SC’s direction to mediate in the present case was normatively untenable from the perspective of the principles of corporate governance.
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Aarya Parihar
Jun 5, 20247 min read
Project-Wise CIRP: To Order or Not?
This post outlines the real estate sector’s importance and elucidates the concept of project-wise corporate insolvency resolution process.
1,335
Divyam Desai
Jun 2, 20246 min read
Enigma of Explanation to Section 33(2): Unleashing the Unchecked Power of CoC, A Threat to the Object of IBC
Inviting resolution plans and, after analyzing the same, approaching liquidation would, in the author’s view, amount to commercial wisdom.
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Akash Hogade, Simone Vaidya
May 31, 20245 min read
Efficiency v/s Expediency- Procedural Implications of the SIAC’s Streamlined Arbitration
[Akash and Simone are students at Maharashtra National Law University, Mumbai.] Arbitration as a form of dispute resolution is in itself...
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Vivek Kumar, Rakshit Sharma
May 26, 20247 min read
Deciphering Market Distortion via Contracts: A Critique of INSA v. ONGC
The decision in INSA v. ONGC, if not overturned, would become a significant setback for competition jurisprudence in India.
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Vanshika Arora, Rimpal
May 21, 20247 min read
From Code to Collusion: Challenging the Status Quo in Regulatory Framework
The issue of algorithmic collusion is a pressing concern supported by empirical evidence and a growing body of legal and economic analysis.
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Sarthika Singhal
May 16, 20246 min read
Rapid Trades: SEBI’s Move Towards Same-Day Settlement
The transition to a T+0 marks India’s first step in achieving a ‘UPI moment’ in the settlement cycle.
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Prakhar Singh, Gunjan Sharma
May 13, 20246 min read
Disclosure of the Telecommunications Act: Privacy Risks in the Digital Age
This article examines the notion that decrypting messages results in breaches of privacy on a global scale and within national borders.
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Tejas Venkatesh
May 10, 20246 min read
Companies as “Consumers” under Consumer Protection Act 1986: A Confused Approach?
The court in Kozyflex takes a lax approach to the question of locus standi of companies under the 1986 Act.
1,197
Ria Bansal, Raaghavi Tandon
May 9, 20247 min read
Arbitration’s David and Goliath: The Harmful Side of Pre-Deposit Clauses in Arbitration Agreements
It is crucial to view pre-arbitral deposits as discretionary to ensure that each party has equal access to arbitration.
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Mansi Verma
May 5, 20246 min read
Exploring the Conjunctive Test to Navigate the Treatment of Assignees of Related Party Financial Creditors Post Phoenix ARC v. Spade
The post discusses the employment of the conjunctive test for preservation of the claims of genuine stakeholders within the COC.
441
Supriya Garhwal
May 3, 20246 min read
Navigating the Tightrope: RBI’s Enforcement Actions and the Shifting Paradigms in Indian Fintech
The future of fintech in India depends on finding a careful balance between regulation and innovation.
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Afrah Abdul
Apr 29, 20246 min read
Re-evaluating Dual Class Regulation: Empowering India’s Startups Without Undermining Shareholders
[Afrah is a student at National University of Advanced Legal Studies] Dual class shares involve public companies issuing two types of...
443
Aditya Vaid
Apr 29, 20246 min read
SEBI’s SM REIT (Amendment) Regulations 2024: A Progressive Step?
The author suggests that the amendment fills regulatory loopholes and embraces emerging investment models such as FOPs.
1,272
Kushagra Tolambia, Sakshi Tiwari
Apr 24, 20246 min read
Safeguarding Minority Rights and Combating Misconduct: A Deep Dive into Sections 241 and 242 of the Companies Act 2013
Section 241 provides shareholders with a versatile set of tools to respond to different forms of corporate abuse.
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Vagmi Gandhi
Apr 20, 20246 min read
The Puzzle of Beneficial Ownership: The US Corporate Transparency Act and the Indian Corporate Laws
In juxtaposition to the Indian corporate legislation, the CTA presents both parallels and deviations.
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Arnav Ashtikar, Yashasvi Vats
Apr 18, 20246 min read
SEBI’s Trail to Efficiency: Transformative and Expedited Settlement and Clearing
This post offers an outline of the SEBI’s proposal on introducing T+0 and instant settlement cycle.
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Trisha Beria
Apr 15, 20244 min read
Transparency in Electoral Funding: A Shareholder Rights Analysis
The current framework with respect to corporate donations needs to be reformed.
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Prachi Jain
Apr 13, 20246 min read
Leniency Plus: India’s Cartel-Busting Incentive for Whistle-Blowers
The author aims to examine the implications of the lesser penalty regulations on India’s antitrust landscape.
398
Intisar Aslam
Apr 11, 20246 min read
India-EU BIT: Can the Dispute Resolution Clause Spark ISDS Reforms Globally?
The Indian stance on inclusion of ELR and Model BIT fails to consider any urgent relief that may be required by small investors.
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Nimish Maheshwari
Apr 5, 20246 min read
Redefining Portfolio Management: A Critical Analysis of SEBI’s Consultation Paper
The consultation paper is a step in the right direction as to the establishment of APMI and digital onboarding of clients.
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Dhaval Bothra, Sonal Jain
Apr 5, 20246 min read
Beyond the Invisible Handshake: A Global Look at the Scope of the “Group of Companies” Doctrine
To ensure the fair and just application of the GoC doctrine, clear guidance is required.
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