[Daksh Kasliwal and Prakhar Singh are 3rd year BSW LL.B. (Hons.) students at Gujarat National University, Gandhinagar] Recently, the Securities and Exchange Board of India (SEBI) has taken multiple steps to enhance the regulatory landscape to foster a more reliable and secure market environment for investors and entrepreneurs. Weeks after releasing a consultation paper to control unregistered...
Navigating the Data Integration Conundrum: A Closer Look at IBC
[Aayushi Choudhary and Vaibhav Gupta are fourth year students of Gujarat National Law University, Gandhinagar] The Insolvency and Bankruptcy Code, 2016 (IBC) brought about a major change in the landscape of corporate insolvency proceedings in the country. Nevertheless, despite the IBC’s transformative potential, its effective implementation has been hampered by a significant challenge: the...
Analysing the Tax Implications of Bonus Shares
[Arjim Jain is a 3rd year B.A. LL.B. (Hons.) student at National Law University, Odisha] The ruling in DCIT v. Smt Aruna Chandok rendered on 5 September 2023 by the Delhi Bench of the Income Tax Appellate Tribunal (“ITAT”) has shed light on a crucial aspect of taxation in India – the treatment of bonus shares under the Income Tax Act (“IT Act”). In this landmark decision, the ITAT has...
Restoring Equity: Supreme Court on Liquidator Discretion in IBC Bidding Process
[Priyanshu Mishra is a III year BA, LLB (Hons) student at the National Law School of India University, Bengaluru] Recently, in Eva Agro Feeds Pvt Ltd v Punjab National Bank (2023INSC809), the Supreme Court decisively clarified the extent of authority granted to a liquidator in rejecting the final bid within an online bidding process. This legal dispute revolved around the rights of the highest...
SC Expands Scope of Enquiry under Section 11 of the Arbitration Act
[Raghav Bhatia is an advocate practising at the Supreme Court of India. He can be contacted at [email protected]] In April this year, the Supreme Court of India in NTPC Ltd. v. SPML Infra Ltd. has expanded the scope of enquiry to be exercised by a court while referring the disputes for arbitration under section 11 of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’). Background...
SEBI’s Proposed Regulations on Finfluencers: Navigating Unresolved Practicalities
[Aamir Kapadia and Avinash Kotval are penultimate and final year BBA LL.B. (Hons.) student at Jindal Global Law School, Sonipat, respectively] On August 25, 2023, the Securities and Exchange Board of India (‘SEBI’) released a consultation paper on ‘Association of SEBI Registered Intermediaries/Regulated Entities with Unregistered Entities (including Finfluencers)’. The purpose behind the...
Receipt of Demand Notice under IBC: Whether Price Sensitive Information?
[Ravishekhar Pandey and Amarpal Singh Dua are with MDP & Partners, Mumbai] The Securities Exchange Board of India (“SEBI”) on 12 July 2023 passed an order relating to the scrip of Shilpi Cable Technologies Limited (“STCL”) imposing penalty on the Managing Director (“MD”) as well as the Compliance Officer for violations of securities laws. In the order, the Adjudicating Officer (“AO”)...
Unwinding and Rewinding the Clock: Revisiting Interim Reliefs under Section 9 of the Arbitration Act
[Sumit Chatterjee is an Advocate at Arista Chambers, Bangalore] Interims reliefs under the Arbitration and Conciliation Act, 1996 (“Act”) underwent a significant change following the Arbitration and Conciliation (Amendment) Act, 2015 (“2015 Amendment”). Under the Act, parties can approach the Court under section 9 of the Act to seek interim reliefs before, or during the arbitral proceedings, or...
Hybrid Settlements and Presumption of Innocence: The Conundrum of Verdict Under Veil
[Ishita Mishra is a fourth-year B.B.A. LL. B (Hons.) student at Symbiosis Law School, Pune] The European Commission (‘Commission’) issued its decision to establish the participation of Barclays, Deutsche Bank, RBS, and Société Générale in a cartel in the market for Euro Interest Rate Derivatives (‘EIRD’). The decision was adopted through a settlement procedure wherein the banks received a 10%...
Evaluating India’s Regulatory Regime for ESG Rating Agencies
[Shouvik Kumar Guha is an Associate Professor of Law and Sourav Paul a fourth year undergraduate student, both at the West Bengal National University of Juridical Sciences, Kolkata] On July 3, 2023, the Securities and Exchange Board of India (‘SEBI’), introduced the Securities and Exchange Board of India (Credit Rating Agencies) (Amendment) Regulations, 2023 (‘Regulation’) to amend the Securities...
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