Internet and Mobile Association of India v RBI: Renaissance of India’s Cryptocurrency Market

By Laghavi Pahwa The Reserve Bank of India [“RBI”] in April 2018 issued a Circular[1] banning entities including banks from dealing with individuals or companies that trade in cryptocurrencies which eventually resulted in the virtual currency market in India coming to a standstill. However, it did not per se ban holding or trading in cryptocurrency [...]

Loot a house when it is on fire? : The fear of Chinese Hostile Takeovers during COVID 19

By Shreya Shrivastava The COVID-19 pandemic has had a profound economic impact across the globe. The entire industrial sector has come to a halt and unemployment claims are soaring high with an all-time low demand, courtesy of government-mandated restrictions. It is quite obvious that this resulting market will likely bring a rise in instances of [...]

Section 4A of the Draft Competition (Amendment) Bill, 2020: A Legislative Blunder Endorsing IPR Monopoly and Disrupting Balance

By Yash Raj and Smriti Shukla The Ministry of Corporate Affairs [“MCA”] in February 2020, released in the public domain, the Draft Competition (Amendment) Bill, 2020[1] [“the Bill”] based on the report submitted in July, 2019 by the Competition Law Review Committee [“CLRC”][2]. The draft Bill proposes a series of changes to bring in the much [...]

CCI’s Market study on E-commerce: A Pragmatic Path En Route Fixing Competition Law Impediments

By Aarya Deshpande and Sourabh Balwani Background The Indian e-commerce industry has seen phenomenal growth in the past few years and is expected to vitalise its accretion owing to broadening internet penetration and augmentation of smartphone users in the country. The growth of the e-commerce sector began in 2009, but has soared manifold since 2014, [...]

Reward for Revelation: A Critical Analysis on SEBI’s Informant Mechanism

By Dhruti Lunker and Isiri SD Introduction Acts of insider trading have been plaguing the securities market, thereby undermining its integrity and presenting an unfair and disadvantaged trading platform for the investors. SEBI under Sec. 12A of the Securities and Exchange Board of India Act read with Securities and Exchange Board of India (Prohibition of [...]

To Resign or Not to Resign: Uddhav Thackeray’s Constitutional Conundrum

By Mayur Kulkarni Background At a time when the State of Maharashtra struggles to fight against the coronavirus pandemic, a constitutional crisis looms over Chief Minister Uddhav Thackeray, potentially forcing him to resign from his position. On November 28, 2019 Uddhav Thackeray took oath[1] as the Chief Minister, as the leader of the Maha Vikas [...]

An Analysis of Ioane Teitiota v New Zealand: Paving the way for Climate Refugees and Non Refoulement Obligations of States under Article 6 of the ICCPR

By Urshila Pandit Introduction Slow and sudden environmental changes brought about by climate change are forcibly displacing individuals  to different countries due to the uninhabitable nature of such regions. The current scenario can be analysed utilising two legal instruments- the Convention Relating to the Status of Refugees, 1951 and Article 6 of the International Covenant [...]

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 [...]

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 [...]