[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...
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...
Accounting for a Brief Stint of Unconstitutionality: Equalisation Levy Fixed by GST
[Debarshi Chakraborty is a 3rd year B.A., LL.B. student at National Law University Odisha] Considering the potential of the booming digital economy and the fast expanding nature of its business operations, it is essential to address the challenges extensively, particularly in terms of taxation of digital transactions. In addressing such challenges, and in keeping abreast with the emerging global...
Cryptocurrencies: Their Nature and Prospects for Taxation – Part 1
[Anirudh Singh is a 4thyear B.A LL.B (Hons.) student at NALSAR, Hyderabad] Cryptocurrencies have gained significant prominence in the market since the inception of “Bitcoins”. (In this post, Bitcoins and cryptocurrencies are treated interchangeably for the sake of simplicity). The popularity of Bitcoins can be estimated from the fact that upon its introduction in 2009 the value of one Bitcoin...
The Data Protection Report: Protection or Protectionism?
[Varnita Singh is a 4th year B.Sc., LL.B. (Hons.) student at Gujarat National Law University in Gandhinagar] After much anticipation, the Data Protection report (Report) and draft Personal Data Protection Bill, 2018 made by an expert committee under the chairmanship of Justice B.N. Srikrishna was presented to the Ministry of Electronics and Information Technology on 27 July 2018. The Report is a...
Recent Comments