ArchiveMarch 2018

CCI and DG’s powers under the Competition Act and the Principles of Natural Justice

[Kunal Kumar is a 4th year B.A., LL.B.(Hons.) student at NLU Jodhpur)] Introduction In Central Bank of India v. Shri Prakash Chand Jain (1969), the Supreme Court held that a fact which is sought to be proved must be supported by statements made in the presence of the person against whom enquiry is held and the statement made behind the back of the person charged are not to be treated as...

CCI’s Decision on Abuse of Dominant Position by Google

[Pallavi Panigrahi is a graduate of National Law School of India University, Bangalore and is currently working at a Corporate Law Firm in Mumbai. Another post on the topic is available here] The Competition Commission of India (“CCI”) last month imposed a fine of INR 135.86 crores on search engine giant Google (inclusive of Google LLC, Google India Private Limited and Google Ireland Limited) for...

Considerations of “Public Policy” for the Enforcement of Foreign Arbitral Awards in India

[Nandini Garg is a 4th year B.A. LL.B. (Hons.) student at National Law Institute University in Bhopal.] Recently the Delhi High Court in Daiichi Sankyo Company Limited v. Malvinder Mohan Singh and Ors. allowed the Japanese investor, Daiichi Sanyko, to enforce a foreign arbitral award against its Indian investee and recover Rs. 3500 crores from it. The erstwhile promoters of the investee company...

Winding-up and Liquidation: Demarcation by the Bombay High Court

[Shubham Sancheti and Prashamsha  Tulachan are 4th Year B.A., LL.B. (Hons.) studentsat NALSAR University of Law, Hyderabad] The Insolvency and Bankruptcy Code, 2016 [“Code”] entailed various interpretation lacunae and, the Central Government is constantly seeking to bridge the emerging gaps. One of such lacuna pertained to the conflict between “Winding-up” under the Companies Act [“1956 Act” or...

New Amendments Proposed to Arbitration Law to Strengthen Institutions and Improve Previous Reforms

[Devina Srivastava is a 3rd Year, BBA LL.B. (Hons.), student at Symbiosis Law School, Pune] In July 2017, a committee chaired by retired Supreme Court judge, Justice B.N. Srikrishna, submitted its report suggesting measures for improving arbitration in India by strengthening institutional arbitration and amending the Arbitration and Conciliation Act, 1996 (‘the Act’) to remove ambiguities...

CCI’s Order against Google: What Constitutes the Relevant Market?

[Sanchit Varma is a 4th year BA.LL.B (Hons.) student at NALSAR University of Law, Hyderabad] Introduction In a recent order, the Competition Commission of India (‘CCI’) imposed a 136 crore fine on Google Inc. for unfair business practices in India. The order was passed pursuant to complaints filed against Google in 2012, wherein it was alleged that the company was abusing its dominant position...

11th Annual NLSIR Symposium on the Insolvency and Bankruptcy Code

[Announcement from the National Law School of India Review] The National Law School of India Review (NLSIR), the flagship journal of the National Law School of India University (NLSIU), Bangalore is pleased to announce the 11th Annual NLSIR Symposium on the Insolvency and Bankruptcy Code. It is scheduled to be held on the 24th and 25th of March, 2018 at the Allen and Overy Hall, National Law...

Preserving the Quintessential Value of the Arbitration and Conciliation Act, 1996: Analysing the Supreme Court’s Decision in Sundaram Finance Limited v. Abdul Samad

[Amrit Singh and Megha Tiwari are both 4th year B.A., LL.B. (Hons.) students at WBNUJS in Kolkata] Arbitration has evolved as an efficacious alternative to litigation for settlement of disputes, and is now considered an important tool in promoting investment in Indian businesses. The recent amendments to the Arbitration and Conciliation Act, 1996 (the “Act”) and the subsequent judicial...

Fighting Climate Change in a Climate of Regulatory Uncertainty

[Yogini Oke is an NUJS graduate currently pursuing the Young India Fellowship] Climate change has emerged as amongst the most significant challenges of the present times. The ubiquitous nature of this problem has prompted diverse responses from stakeholders across the world addressing its many strands. The United Nations Framework Convention on Climate Change (“UNFCCC”) is an attempt of the...

Form PAS-3 for Privately Placed Issuance

[Vinita Nair is a Partner at Vinod Kothari & Company, and can be reached at [email protected]] One of the major concerns arising from enforcement of Companies (Amendment) Act, 2017 is to ensure compliance of provisions of the substituted section 42. One of the clauses of section 42 restricts utilization of monies received from subscribers of a privately placed issue of securities...

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