Categories
Insolvency Securities

Bringing NBFCs within the ambit of IBC: A quick fix solution?

By Kritika Dobhal On November 29, 2019, the Reserve Bank of India [“RBI”] initiated Corporate Insolvency Resolution Process [“CIRP”] against Dewan Housing Finance Limited [“DHFL”], making it the first Non-Banking Financial Companies [“NBFC”] to be brought within the ambit of Insolvency and Bankruptcy Code, 2016 [“IBC”]. This was made possible due to the Insolvency and […]

Categories
Coronavirus

Analysing the Impact of COVID-19 on Contractual Obligations in the Supply Chain Mechanism

By Abhigyan Tripathi and Rishabh Chhabaria Introduction On December 31, 2019, China reported a number of pneumonia cases in Wuhan, Hubei Province, leading to the identification of the novel Coronavirus (Covid-19). Over the course of four months, the virus has transmitted to various parts of the world, including India and has claimed over two lakh […]

Categories
Insolvency

Ambit of Insolvency and Bankruptcy Code, 2016: Insolvency & Government Companies

By Abhishek Wadhawan Understanding the Debate The Insolvency & Bankruptcy Code, 2016 is an economic legislation enacted with the aim of helping distressed companies by balancing the interests of all stakeholders. But not all corporate debtors, private and government, can be treated as the same due to difference in objectives, mission, profits etc. The issue […]

Categories
Coronavirus

15 Selfies a Day Keeps the Police Away: Legality of Steps to Combat COVID-19 in Karnataka

By Aditya Krishna Introduction The fight against COVID-19 in India has been severely stifled by individuals violating the quarantine and lockdown enforced. There have been many cases of people either absconding from quarantine centers (which have been criticized for being unhygienic and mismanaged) or disregarding their home quarantine.[1] In the wake of the ongoing global […]

Categories
Coronavirus

Compulsory Licensing: A Promising method to combat Coronavirus

By Ananya Singh The patent regime in India ensures protection for certain inventions and as an implicit rule, also grants certain exclusive rights and privileges to the patentee with respect to his invention. This protection vests monopoly rights in the creator to use, manufacture, and sell his invention. The same provisions extend to pharmaceutical products […]

Categories
Arbitration

Decoding Time Bound Arbitration in India: A Closer Look At Section 29A

By Ayush Mehta and Samkit Jain Section 29A of the Arbitration and Conciliation Act, 1996 [“the Act”] lays down a time limit under which a tribunal is to render its award. In this article, the authors aim to discuss the problems which were present in the 2015 amendment and how effectively the 2019 amendment rectifies […]

Categories
Securities

Rights Issue: A Tool for Circumvention of SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011

By S Sivakumar Introduction The article presents an analysis of how promoters of listed entities use ‘Rights Issue’ to circumvent the regulatory mechanisms under the SEBI (Substantial Acquisition of Shares and Takeovers) Regulation, 2011(herein after referred to as the SAST Regulations).[1] Rights Issue increases the shareholding of the promoters without attracting the mandatory open offer […]