[Shivankar Sukul and Vedaant S. Agarwal are IV-year law students at the National Law University, Jodhpur] The Supreme Court of India (“the Court”) in Orator Marketing Pvt Ltd v. Samtex Desinz Pvt Ltd, (“Orator”) held an interest free term loan as a ‘financial debt’ in clear defiance of the statutory scheme under the Insolvency and Bankruptcy Code, 2016 (“the Code”), which necessitates...
Invitation to Participate: 6th Gary B. Born Essay Competition
[Announcement on behalf of the Indian Journal of Arbitration Law] The Centre for Advanced Research and Training in Arbitration Law and Indian Journal of Arbitration Law are pleased to announce that they will be organizing the 6th Gary B. Born Essay Competition on International Arbitration, 2021. About the Organizers National Law University Jodhpur: The National Law University, Jodhpur...
Online Certificate Course on “Competition Law and Policy”
[Announcement on behalf of Bettering Results] Bettering Results (BR) is conducting an online certificate course on the “Competition Law and Policy” from September 11- September 18, 2021. Through this Certificate Course, we seek to provide the participants with an in-depth knowledge of the growing relevance of competition law all around the globe. Competition Law is a rapidly growing...
Coverage of Future Misconduct under Oppression and Mismanagement
[Priya Garg is an Assistant Lecturer, OP Jindal Global University, Guest Faculty at NALSAR and Founding Trustee at The Corporate House and Saloni Kumari is a student research fellow at The Corporate House and law student at National Law University, Delhi] Recent corporate governance episodes have resulted in a greater invocation of the provisions under the Companies Act, 2013 (‘2013 Act’)...
CCI Probe: Will Amazon & Flipkart Pass Legal Scrutiny?
[Akshay Shrivastava is a 5th Year B.Com., LL.B. (Hons.) student at Gujarat National Law University, Gujarat] Recently, the Supreme Court refused to stay the ongoing probe on e-commerce giants Amazon and Flipkart by the Competition Commission of India (CCI) for promoting specific sellers owing to exclusive arrangements and rendering them special treatment by offering heavy discounts, thereby...
Call for Papers: National Law School Business Law Review
[Announcement on behalf of the National Law School Business Law Review] The Board of Editors of the National Law School Business Law Review is pleased to invite original and unpublished manuscripts for publication in Volume 8 of the Review. About the Journal The NLS Business Law Review is an initiative by the National Law School of India University to recognise and foster academic research and...
Compounding of Offences under the SEBI Act: Limiting the Role of SEBI
[Abhiraam Shukla is a III year student at the National Law Institute University, Bhopal] Section 24A of the Securities and Exchange Board of India Act, 1992 (“SEBI Act”) provides for the compounding/composition of certain offences which are punishable under the SEBI Act. It stipulates that any offence under the SEBI Act which is not punishable exclusively by imprisonment or by imprisonment and a...
Competition Concerns in the Cab Aggregators’ Market
[Lavanya Gupta and Shreya Mukherjee are final year students at Symbiosis Law School, Pune] Five years after the initiation of the case, the Competition Commission of India (“CCI”) recently rendered its decision on Uber’s alleged dominance in Meru Travel Solutions Pvt. Ltd. v. Uber India Systems Pvt. Ltd. In its case against Uber, Meru alleged that Uber was misusing its dominant market position to...
Is India Ready to Adopt the CISG? The Plight of Determinable Contracts
[Anshul Butani is a 5th year B.A. LL.B. (Hons.) student at National Law School of India University (NLSIU), Bangalore] On August 1, 2018, the Government of India enacted an amendment to the Specific Relief Act, 1963 to improve the ease of doing business in India. Prior to the Amendment, specific performance was an exceptional remedy for breach of contracts, granted at the discretion of the court...
Taxing the Fund Managers: The Future of Pass-Through Status of Trusts
[Shambhavi Sinha is a final year B.B.A., LL.B. (Hons.) student at Symbiosis Law School, Pune] The Securities and Exchange Board of India (“SEBI”) allows an Alternative Investment Fund (“AIF”) to be constituted as a trust, a company, a limited liability partnership (“LLP”), or a body corporate under the SEBI (Alternative Investment Funds) Regulations, 2012 (the...
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