[Vaishali Movva is an associate at a law firm and a practicing advocate in Bengaluru] The provisions of the Insolvency and Bankruptcy Code 2018 (‘IBC’) and the regulations thereunder mandate that a moratorium be imposed on the assets of the corporate debtor during the corporate insolvency resolution process (‘CIRP’). While the moratorium does not explicitly prohibit a third party from terminating...
Call for Papers: NLIU Law Review
[This is an announcement on behalf of the NLIU Law Review] About the Journal The NLIU Law Review is the flagship journal of the National Law Institute University, Bhopal. It is a peer-reviewed academic law journal, published biannually by the students of the University. The Law Review aims to promote a culture of scholarly research and academic writing by bringing to the forefront, articles on...
Tax Deductibility in the Light of the New CSR Regime
[Shivani Pattnaik and Sourav Jena are undergraduate students at the National Law University, Odisha] Recently, the Ministry of Corporate Affairs (“MCA”) along with the Government of India has amended section 135 of the Companies Act, 2013 (“the Act”), thereby bringing upon significant changes to corporate social responsibility (“CSR”) regulations in India. After years of mandated CSR in the...
Principles Governing ‘Anti-Enforcement Injunctions’ in India: Part 2
[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat. The first part in the series is available here] High Court’s Analysis The High Court recorded that injunctions of legal proceedings in foreign claims may take one of three primary forms, i.e. ASIs, AASIs and AEIs. It distinguished AASIs and AEIs. According to the Court...
Supreme Court on Applicability of IBC Moratorium to Cheque Bounce Cases
[Jai Anant Dehadrai is an Advocate based in New Delhi and Arnav Sinha is an Associate at Dehadrai and Company, New Delhi] The Supreme Court in its recent and landmark decision of P. Mohanraj v. Shah Brothers Ispat Pvt. Ltd., has put to rest the debate as to whether criminal proceedings under section 138 and section 141 of the Negotiable Instruments Act, 1881 (“NI Act”) would be stayed in...
Call for Contributions: Contemporary Issues on the Laws of Insolvency and Bankruptcy
[Announcement on behalf of the Centre for Corporate Law, National University Odisha] Centre for Corporate Law, National Law University Odisha (hereinafter “CCL, NLUO”) proposes to come up with an edited volume with a multi-disciplinary approach on the “Contemporary issues on the laws of Insolvency and Bankruptcy”. Objective The Insolvency and Bankruptcy (hereinafter “I&B”) Code was enacted...
Principles Governing ‘Anti-Enforcement Injunctions’ in India: Part 1
[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat] In a significant judgment in Interdigital Technology Corporation v. Xiaomi Corporation(3 May 2021) (“Xiaomi”), the Delhi High Court speaking through C. Hari Shankar, J. recently clarified the principles governing an anti-enforcement injunction (“AEI”) by an Indian judicial...
Is There a Period of Limitation Governing CCI Filings?
[Shreya Kapoor is a 2nd year B.A.LL.B. (Hons.) student at National Law University Odisha] In its order dated 4 May 2021 in Neha Gupta v. Tata Motors, the Competition Commission of India (CCI) was presented with allegations of anti-competitive behaviour and abuse of dominance under sections 3 and 4 of the Competition Act (Act). More pertinently, before deciding to order an inquiry into the alleged...
Deconstructing the Google Meet Case under Competition Law
[Tushar Chitlangia and Nikshetaa Jain are 2nd Year BBA.LLB (Hons.) students at National Law University, Odisha] In the recent case of Baglekar Akash Kumar v Google (“G-Meet case”), the Competition Commission of India (“Commission”) has held that the integration of G-Meet and Gmail does not violate sections 4(2)(d) and 4(2)(e) of the Competition Act (“Act”). The Commission has held that as users...
Oriental Judgment: How Objective is “Just and Equitable” Interest Rate Modification?
[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat. He is grateful to Professor Manasi Kumar for providing her valuable comments on an earlier post, which were inspiration for the present post] Previously, I had examined the Supreme Court’s Division-bench decision in Oriental Structural Engineers Pvt. Ltd. v. State of Kerala...
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