[Moksh Roy and Arjun Sahni are 4th year students at Symbiosis Law School, NOIDA] The Department of Consumer Affairs (“DCA”)on 21 June 2021 released the Draft Consumer Protection E-Commerce (Amendment) Rules, 2021 (“Draft Rules”). According to the press release, the Amendment Rules are aimed at bringing transparency to e-commerce platforms and strengthening the existing regulatory regime. In...
Admissibility of Illegally Obtained Evidence in International Arbitration
[Arjun Chakladar and Aman Kumar Yadav are 4th year undergraduate students at National Law Institute University, Bhopal] The Covid-19 pandemic has necessitated the digital shift and increased dependence on digital technology. In recent times, the admissibility of illegally obtained evidence (‘IOE’) has proven itself an imperative notion in international arbitration. This surge in data protection...
Rule 86A of the CGST Rules – Ripe for Constitutional Challenge
[Aaryana Anand is a 4th year BSc. LL.B (Hons.) student at Gujarat National Law University, Gandhinagar] Rule 86A (‘rule 86A’) was inserted in theCGST Rules, 2017 (‘Rules’), with effect from 26 December 2019. The said provision provides wide powers to the Commissioner or an officer authorized by him, not below the rank of an Additional Commissioner, to impose restrictions on Input Tax Credit...
Disgorgement: An Equitable Remedy or a Penal Measure?
[Anoushka Biswas is a 3rd Year, B.A. LL.B. (Hons.) student at National University of Juridical Sciences, Kolkata] Disgorgement harbours the principle of giving up the possession of profits illegally obtained, leading to unjust enrichment. Black’s Law Dictionary defines disgorgement as “the act of giving up something (such as profits illegally obtained) on demand or by legal compulsion”. Unjust...
Call for Submissions: Centre for Insolvency and Bankruptcy Studies Blog
[Announcement on behalf of the Centre for Insolvency and Bankruptcy Studies Blog] The Centre for Insolvency and Bankruptcy Studies Blog welcomes all kinds of submissions in the form of articles, research pieces, opinions, case comments and short notes dealing with any contemporary and pertinent development related to insolvency and bankruptcy laws. Originality All submissions must be original...
The Trilemma of Luxury Brands, Selective Distribution and Competition: An Indian Perspective
[Anmol Ratan is a fourth-4th year law student at National Law School of India University, Bengaluru] From high-end haute couture fashion houses of Dior and Chanel to premium automobile brands of Rolls Royce and Porche, it is evident that luxury brands are manifesting their presence in various emerging global markets, and India is no different. With the advent of liberalisation and globalisation...
Call for Papers: NALSAR Student Law Review
[Announcement on behalf of the NALSAR Student Law Review] The NALSAR Student Law Review (NLSR) is now accepting submissions for its upcoming Volume XVI. The NSLR is an annual, student-edited, peer-reviewed law journal that is the flagship publication of NALSAR University of Law, Hyderabad, India. It is indexed on Hein Online and SCC Online. The NSLR is committed to encouraging and enhancing the...
Pre-Packaged Insolvency: A Stumbling Block for the MSME Sector
[Gunjan Singh and Umang Chaturvedi are 3rd year B.A. LL.B. (Hons.) students at Rajiv Gandhi National University of Law, Punjab] The disruption of economic processes and business cycles owing to the pandemic caused a major blow to the functioning of the industrial sector. Additionally, it impacted the entities who had already borrowed money from the market or financial institutions, as they were...
Call for Submissions: Scholasticus Vol. 9(2)
[Announcement on behalf of the Centre of Studies in Banking and Finance at National Law University, Jodhpur] Scholasticus (ISSN 0975-1157) is one of the earliest publications by National Law University, Jodhpur established with the objective of promoting academic research and fostering debate in the field of Banking & Finance. The Journal has been re-launched after a gap of a few years, and...
Priority and Value of Security Interest Cannot be a Ground for Challenge of Resolution Plan
[Anugya Mukati and Kirti Dhoke are undergraduate students at the National Law Institute University, Bhopal] The Supreme Court of India in a recent judgment in the matter of India Resurgence Arc Private Limited v. Amit Metaliks Limited, held that a Resolution Plan that has been approved under the Insolvency and Bankruptcy Code ( “the Code”) cannot be challenged by a dissenting financial creditor...
CCI’s Approach to Conglomerate Mergers: Arguing for a Reconsideration
[Nishant Pande is a law graduate (B.A. LL.B. (Hons.)) from the NALSAR University of Law, Hyderabad (Class of 2021)] In late 2020, the Competition Commission of India (‘CCI’) expressed its intention to study the ownership patterns of private equity (‘PE’) investors. The CCI’s concern was based on the possibility that minority shareholdings of PE investors were not mere passive investments and they...
Judicial Misinterpretation of Scope of Sanctions in Scheme of Arrangement
[Vasu Aggarwal is a student at National Law School of India University. He is grateful to Prof. Rahul Singh for inspiring him to write on this topic, and thankful to Prof. Rahul Singh and Prof. Umakanth Varottil for their comments on the earlier drafts of this post] This post argues that courts have misinterpreted the scope of ex-ante sanction requirement for compromise and arrangement due to the...
Terminating Contracts with the Corporate Debtor during CIRP: Revisiting the Position
[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...
Section 29A and the Changing Landscape: The DHFL Saga
[Nikunj Maheshwari is a 4th year law student at the Institute of Law, Nirma University] The National Company Law Tribunal (NCLT), Mumbai Bench has recently provided a new twist to already labrynthine insolvency proceedings of the DHFL Group. The NCLT ordered the Committee of Creditors (CoC) to consider the resolution plan submitted by Mr. Kapil Wadhawan, who is the promoter and erstwhile director...
Going for Gold: SEBI Proposes Gold Trading on Exchanges
[Arunimaa Jaiswal is a fourth-year student at Gujarat National Law University, Gandhinagar] Through the Union Budget 2021-22, the Government of India notified the Securities and Exchange Board of India (“SEBI”) as the regulator for gold exchanges in India. Upon such notification and in pursuance of the Government’s intention of establishing regulated gold exchanges in the country, SEBI released a...
Insolvency and Personal Guarantors: Lalit Kumar v. Union of India
[Priyanka Pillai is an associate at IC Universal Legal, Mumbai] The protracted saga of the treatment of personal guarantors under the Insolvency and Bankruptcy Code, 2016 (the “Code”) seems to have been finally put to rest by the Supreme Court by way of its judgment in Lalit Kumar Jain v. Union of India. The inception of this tale was the notification issued by the Ministry of Corporate Affairs...
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