Tag: Covid-19

  • Applicability of Force Majeure in Commercial Lease Agreements Amid Covid-19

    [Sumit Kumar Gupta is a 4th year student at the West Bengal National University of Juridical Sciences, Kolkata] Covid-19 has unleashed an unprecedented economic crisis, and has brought with it a plethora of issues surrounding commercial lease agreements, as tenant associations increasingly seek waivers. The question whether the lockdown would entitle tenants a guarantee of

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  • Post COVID-19 Mergers and the ‘Failing Firm Defence’ : A Need for CCI’s Proactive Role

    [Parina Muchhala is a 3rd year student and Ira Pandya a 4th year student, both at the Maharashtra National Law University Mumbai] The effects of the COVID-19 outbreak has led to interruption of supply chains, reduction in consumer demand and disruption of economies.  It has also led many companies to file for bankruptcy worldwide. This

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  • SEBI Circular on COVID-19 Disclosures

    That the impact of the COVID-19 pandemic on a company’s business, operations and finances is “material” is undisputed. A question, however, arises whether listed companies ought to make clear and full disclosures of such impact and, if so, under what regime. One option would be to rely on existing securities regulation that requires listed companies

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  • Buyback during COVID – 19: A Solution to Salvage Stock Prices?

    [Aditya Bhayal and Prachi Tripathi are 4th year B.A.LLB (Hons.) students at NALSAR University of Law, Hyderabad] Amidst the growing uncertainties surrounding the COVID-19 pandemic, the stock markets across the world have taken a beating in the past couple of months. Both of India’s benchmark indices, NIFTY and SENSEX, have registered lowest drops in over

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  • COVID-19: A Material Adverse Change?

    [Gaurang Mansinghka is a 4th year student at the Government Law College, Mumbai] The COVID-19 pandemic has disrupted human life across the globe. Stalled economies, dwindling stock valuations, supply chain disruptions and projections by various organisations indicating a gloomy economic future show that the economic contagion is spreading as fast as the virus itself. This

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  • Is India’s Latest FDI Regulation in Violation of WTO Law?

    [Ashi Mehta and Parv Kaushik are IV year B.A L.L.B (Hons.) students at the National Law School of India University, Bengaluru] On 17 April 2020, the Indian Ministry of Commerce & Industry issued a press note, which makes foreign direct investment (FDI) from an entity located in a land-bordering country subject to prior government approval.

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  • OECD’s Relief Measures and the Indian Tax Regime

    [Vishal Rajvansh is a 3rd year BA.LLB student at the National University of Study and Research in Law, Ranchi] The effect of the fight against Covid-19 has compelled several countries to implement unprecedented measures, such as restrictions on the free movement of people and goods, shutting down large parts of the economy and isolating a

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  • Corporate Governance in the Age of a Pandemic

    Experience from past crises suggests that companies with robust corporate governance systems and practices are able to weather a storm better than others. Similarly, it is reasonable to hypothesize that, even amid the throes of a crisis such as the COVID-19 pandemic, referred to in corporate speak at an “unknown unknown” that has sparked a

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  • Mitigating Coronavirus Crisis: Income Tax Policy Response from an Indian Perspective

    [Hardeep Singh Chawla is an LL.M. candidate in International Taxation (Class of 2020) at NYU School of Law. This post seeks to propose various substantive changes that may be introduced into India’s tax regime to provide some succor to individuals and other entities, so as to aid them in navigating through these challenging times and

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  • Carry Back Losses: A Liquidity Booster in the Current Pandemic

    [Kailash Nath P S S is an Advocate practising at Hyderabad and is a Chartered Accountant by qualification] Following the outbreak of COVID-19 in India, the Central Government declared it as an epidemic and declared a lockdown from 21 March 2020 by invoking the provisions of the Disaster Management Act, 2005 and the Epidemic Diseases

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