Blog Posts
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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…
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Indian Parties without an Indian Court: The Verdict in PASL Wind Solutions
[Abhi Udai Singh Gautam and Mustafa Rajkotwala are third-year law students at NALSAR University of Law, Hyderabad] The Supreme Court (‘SC’) has recently settled a fundamental question of arbitration law in PASL Wind Solutions Private Ltd v GE Power Conversion India Private Limited (‘PASL v. GE’), by determining that two Indian Parties are, in fact,…
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Erstwhile Creditors and their Continued Participation in the Committee of Creditors
[Chandni Ghatak is an advocate practicing in New Delhi.] Recently, the National Company Law Appellate Tribunal, Chennai (“NCLAT”) in Mr. KN Rajakumar v. V. Nagarajanallowed the resolution professional to reconvene a meeting of the committee of creditors (“CoC”) as it stood in the year 2017 at the time of initiating CIRP against the corporate debtor.…
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The Evolution of Risk Management Oversight by Indian Boards
[Afra Afsharipour is Senior Associate Dean for Academic Affairs & Professor of Law at UC Davis School of Law and Manali Paranjpe a Research Associate at The Conference Board, India] Across the globe, the focus on effective risk management has intensified over the past two decades as major corporations have experienced risk management failures due…
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Analyzing the Conundrum of Priority inter-se Secured Creditors during Liquidation
[Nishant Nagori and Divyani Saldi are 2nd year students at Rajiv Gandhi National University of Law, Punjab] The raison-d’être of Insolvency and Bankruptcy Code, 2016 is to balance the interest of all the stakeholders during the insolvency as well as liquidation process. However, the National Company Law Appellate Tribunal (“NCLAT”) recently in Technology Development Board…
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BR Foundation’s Online Certificate Course on International Dispute Settlement [May 28-May 31]
[Announcement on behalf of the BR Foundation] BR Foundation is conducting an online certificate course on the International Dispute Settlement from May 28 to May 31, 2021. About the Course This course is an annual 4-day course on “International Dispute Settlement” especially focusing on the developments and growing relevance of international dispute settlement mechanism all…
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Applicability of Section 29A to Pre-Packaged Insolvency Resolution of MSMEs
[Tushar Kumar is an Associate at Ernst Young Global Delivery Services] Section 29A of the Insolvency & Bankruptcy Code, 2016 (IBC) makes certain persons ineligible to buy the assets of the insolvent corporate debtor, owing to the fact that they are either undesirable or have, due to their misconduct in the past, contributed to the…
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Balance Sheet as Valid Acknowledgement of Debts: Flawed Reasoning to a Judicious Conclusion?
[Malika Tiwari is a 4th year B.Com., LL.B. (Hons.) student at Institute of Law, Nirma University, Ahmedabad] Section 18 of the Limitation Act, 1963 (“the Act”) provides for the admission of debts owed by a debtor to its creditor by providing a written acknowledgement, duly signed by him or his authorised agent. Such an acknowledgement…
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The Proposed Single Securities Markets Code
In the Budget 2021 speech, the Finance Minister announced a proposal “to consolidate the provisions of SEBI Act, 1992, Depositories Act, 1996, Securities Contracts (Regulation) Act, 1956 and Government Securities Act, 2007 into a rationalized single Securities Markets Code.” When implemented, this would represent a significant step in the modernization of securities regulation in India.…
