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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

Light at the end of the tunnel: How Jet Airways can avoid liquidation

By Rohin Goyal On 20th June 2019, one of India’s pioneer airlines which used to be “THE” airline in India, officially began the Corporate Insolvency Resolution Process [“CIRP”] by order of the National Company Law Tribunal [“NCLT”], Mumbai [1]. Soon after, similar proceedings were initiated in Amsterdam as well [2]. Jet Airways has been plagued [...]