Parlous State of The Speaker Under Anti-Defection Law: The Manipur Legislative Assembly Crisis

Subiyah Hafeez Siddiqui and Arifa Hafeez Siddiqui Introduction: The Manipur Legislative Assembly recently witnessed what has become a norm in Indian politics: abuse of power, complete disregard of electoral mandate and violation of the constitutional process. The Speaker of the Assembly, Yumnam Khemchand Singh failed to attend to the application moved to disqualify eight members [...]

Independence of Resolution Professional: Confounding the Aspect of Bias Under the Code Through SBI V. Metenere Ltd.

Saumya Agarwal and Sakshi Ajmera The National Company Law Appellate Tribunal (NCLAT) on 22 May 2020, in the case of State Bank of India v. M/s. Metenere Limited  adjudicated upon the issue of independence of an interim resolution professional (IRP)/ resolution professional (IRP) during a corporate insolvency resolution process (CIRP). Though in the instant case, [...]

Solving The Problem of Information Asymmetry in Social Impact Investments: Analysing SEBI’S Proposed Social Stock Exchange

By Anurag Shah Introduction The Securities and Exchange Board of India on June 1st, 2020 released the working paper for the introduction of a ‘Social Stock Exchange’ (Hereinafter referred to as SSE).[1] As the working paper accurately states, this idea was introduced by our Finance Minister and has been under consideration since the last financial [...]

E-Commerce and Vertical Agreements: Is The Latter’s Scope Under the Competition Act Limited?

By Shagun Singhal and Khushbu Turki Introduction The Competition Act, 2002 (‘the Act’) sets out the prohibition against anti-competitive agreements under Section 3(1) of the Act.[1] Even though the Act does not explicitly use terms like horizontal or vertical agreements, it prohibits these under Section 3(3) and 3(4), respectively.[2] The Act provides for five types [...]

BAD BANKS: IS IT THE WONDER DRUG TO THE INDIA’s NPA CRISIS

By Vaishnavi Vyas and Priyanshu Agrawal Introduction The outcome of the Global Financial Crisis, in the mid-2000s, caused the first wave of the Indian Banking catastrophe in the form of the Twin Balance Sheet crisis. The infrastructure projects began to go sour, affecting companies’ capacity to repay loans and thereby deteriorating the balance sheet of [...]

SEBI’S WORKING GROUP REPORT ON RELATED PARTY TRANSACTIONS: STRENGTHENING THE REGULATORY NORMS

By Palash Moolchandani Introduction The infamous fallout between the promoters of Indigo Airlines in 2019 brought to light a number of lapses in corporate governance within the organization.[1] The uncovering of these problematic circumstances started the dialogue on related party transactions and regulatory framework in India, which went on to become the heart of the [...]

COVID Pandemic, Bank Guarantees, and Special Equity: Desperate Measures For Troubled Times

By Shivanakar Sukul and Mudit Burad  The recent Covid-19 pandemic has tremendously altered the dynamics in which commercial contracts operate. In such desperate times when the business machinery of the nation has been brought to a grinding halt, several parties are not able to honour their end of the contract. Consequently, the creditors or the beneficiaries seek [...]

Inclusion of Privacy as a Non-Price Competition Parameter

By Vishal Pathania In a digital economy or data-driven economy, data occupies the central position in new data-driven businesses. Collecting, storing, analysing, and working with data play an important role in the data-centred markets. In fact, data has become a significant source of market power.[1] This is the reason why many data-driven companies such as [...]