Category: Uncategorized
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AIF Units as ‘Securities’ and its Ripple Effect on Taxation
[Priya Maharishi and Vansh Singla are 4th B.A. LL.B. (Hons.) students at Jindal Global Law School, Sonepat] With the growth of start-ups and early-stage companies, there is a continuous need for long-term capital investments and management expertise. Pooled investment funds can fulfil this need as they have forbearance unlike other sources of capital like public…
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IBC vis-à-vis PMLA: Does Section 32A Resolve the Question of Primacy?
[Manisha Arora is a 3rd year B.A., LL.B. (Hons.) student at Damodaram Sanjivayya National Law University, Visakhapatnam] The absence of definitive jurisprudence on the interplay of the Insolvency and Bankruptcy Code, 2016 (“IBC”) and the Prevention of Money Laundering Act, 2002 (“PMLA”) has resulted in the uncertainty in their enforcement. While the IBC ensures the…
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SEBI’s ‘Skin in the Game’ Directive – Investor Interest versus Employee Interest
[Aman Jha is a third-year student at National Law University, Delhi and Anurag Shah is a fourth-year student at School of Law, Christ University Bangalore] The Securities and Exchange Board of India (“SEBI”), through a circular dated April 28, 2021, has directed Asset Management Companies (“AMCs”) to compensate its key employees partly in the form…
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Analyzing the Fintech Implications of RBI’s Mandate for Interoperability
[Akshay Luhadia and Rohit Gupta are 3rd year B.A., LL.B. (Hons.) students at West Bengal National University of Juridical Sciences, Kolkata] On April 7, 2021, the Governor of the Reserve Bank of India (‘RBI’) announced significant changes in the policies regulating the operation of prepaid payment instruments (‘PPIs’) in India. According to the guidelines under…
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“Clean Slate Theory” under the Insolvency & Bankruptcy Code: An Analysis
[Aditya Saraswat is a 5th year student at National Law University, Jodhpur] One of the foremost objectives of the Insolvency and Bankruptcy Code, 2016 (the “Code”) is to ensure timely resolution and revival of corporate debtors. For this purpose, various resolution plans are invited and deliberated upon before a final plan is selected. However, what…
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CCI’s “Control” Quandary: Practice, Precedent, And Proposals
[Prateek Bhattacharya is Associate Professor, Jindal Global Law School, Associate Dean & Associate Director, Centre for Postgraduate Legal Studies at Jindal Global Law School, O.P. Jindal Global University] As the Competition Commission of India (CCI) completes 10 years of its merger control regime, it has begun to settle down as an ex ante regulator of…
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Coffee Plantations under SARFAESI: A Bitter Brew
[Rahul Machaiah is a lawyer from Karnataka. He holds an LLM in Law & Development from Azim Premji University] On 29 January, 2021, a Division Bench of the Karnataka High Court held in UM Ramesh Rao v Union Bank of India that a coffee plantation is not ‘agricultural land’ under section 31(i) of the Securitisation…
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The Reliance Open Offer Penalty: ‘Unexplained’ Delays in Regulatory Action
Shikhar Aggarwal is a 3rd year B.A.LL.B. (Hons.) student at National Law University, Delhi] On 7 April 2021, the Adjudicating Officer (“AO”) of the Securities and Exchange Board of India (“SEBI”) imposed a monetary penalty of ₹25 crore jointly on 34 entities, including brothers Mukesh and Anil Ambani and other promoters of Reliance Industries Limited…
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Analysing the Oppression Remedy in India: Is it “Just and Equitable”?
[Devika Bansal and Naina Bora are third-year law students at Gujarat National Law University, Gandhinagar] Spanning over a four-year period, the dispute in Tata Consultancy Services Limited v. Cyrus Investments Pvt. Ltd. recently came to an end with the Indian Supreme Court (“SC”) dismissing allegations of oppression and mismanagement. This SC judgement has highlighted how the oppression remedies provided under…
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Call for Papers: NLUJ Law Review
[Announcement on behalf of the NLUJ Law Review] NLUJ Law Review is the flagship journal of National Law University, Jodhpur, established with the objective of promoting academic research and fostering debate on contemporary legal issues. It is a bi-annual, double-blind student reviewed and edited journal, focusing on an inter-disciplinary approach towards legal writing. The remit…
