[Athira Sankar is a 5th year B.A. LL.B student at National Law University, Jodhpur] Introduction The effect of non-payment of stamp duty at the time of enforcement of an award has been the subject of varied judicial interpretation. The conflict arises from the fact that an award passed by a tribunal is not always produced before the courts, unlike decrees in civil suits. In civil proceedings...
Call for Submissions for the 11th Volume of the Indian Journal of International Economic Law
[Announcement by the Indian Journal of International Economic Law] The Board of Editors of the Indian Journal of International Economic Law (IJIEL) is pleased to invite original and unpublished manuscripts for publication in Volume 11. About the Journal The IJIEL is a student-edited and peer-reviewed law journal published annually by National Law School of India University, Bangalore (NLSIU)...
Are Uber or Ola Drivers ‘Workmen’ under the Industrial Disputes Act, 1947?
[Shourya Bari is an associate with a law firm in Mumbai and Aditi Singh Kashyap a 4th year B.A., LL.B. (Hons.) student at Jindal Global Law School, Sonipat] Introduction This post will explore the question whether Uber or Ola Drivers fall within the scope of ‘workman’ as defined in section 2(s) of the Industrial Disputes Act, 1947 (“ID Act”) to be able to obtain the benefits stipulated under that...
Fraudulent Initiation of Insolvency Proceedings
[Richa Saraf is a Legal Advisor at Vinod Kothari & Co.] Section 65 was incorporated in the Insolvency and Bankruptcy Code, 2016 (the “Code”) so that the provisions thereof cannot be misused by any person who has initiated the insolvency resolution process or liquidation proceedings with a fraudulent or malicious intent, and for any purpose other than for the resolution of insolvency or...
Madras High Court Grants Reprieve to Disqualified Directors
The Madras High Court in Bhagavan Das Dhananjay Das v. Union of India (decided on 3 August 2018 and accessible via Judis) struck down the order of the Registrar of Companies, Chennai (“RoC) which had disqualified a number of directors from their position in various companies. The Court was considering a large group of writ petitions that various disqualified directors had filed before it. In...
Concept of Related Party: Interpretation by Letter or Spirit of the IBC?
[Richa Saraf is a Legal Advisor at Vinod Kothari & Co.] In J.R. Agro Industries P. Limited v. Swadisht Oils P. Ltd. (decided on 24 July 2018), the National Company Law Tribunal (NCLT) Allahabad observed that“if claim of related party is given priority over operational creditors, it would not be just to operational creditor”. In the instant matter, the related party and the corporate debtor...
NCLAT Settles the Fate of Proceedings under Section 138 of the NI Act during Bankruptcy
[Aayush Mitruka is a lawyer based in Delhi] The National Company Law Appellate Tribunal (the NCLAT) settled a very important question of law under the Insolvency and Bankruptcy Code, 2016 (the Code) which has been troubling practitioners. The question whether proceedings filed under section 138 of the Negotiable Instruments Act, 1881 (the NI Act) against the corporate debtor will be stalled...
Cryptocurrencies: Their Nature and Prospects for Taxation – Part 2
[Anirudh Singh is a 4thyear B.A LL.B (Hons.) student at NALSAR University of Law, Hyderabad. This is the second post in the series, the first of which can be accessed here] Cryptocurrencies are decentralized in nature, and no governmental authorities are responsible for the success or failure of transactions in Bitcoins. However, quite recently, some countries, which have accepted crypto...
Competition Law Concerns with Android Operating System: European Commission Throws a Hammer on Google
[Rajat Sharma is a 4th year B.A. LL.B (Business Law Hons.) student at National Law University, Jodhpur] Introduction It is an undeniable fact that mobile internet services make up for more than half of the global internet traffic, as also stated by European Union Competition Commissioner Margrethe Vestager. The statement came after the European Commission (EC) imposed a mammoth fine on Google...
CCI Proposes Amendments to the Combination Regulations To Disentangle the Minority Acquisition Exemption
[Ahkam Khan is a 3rdYear B.A., LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University in Lucknow] India contemplates an ex ante merger control regime under the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (Combination Regulations). The process for filing of combinations with the Competition...
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