Mahak Yadav and Nikhil Ranjan Introduction In its quest for modernising the mutual fund market, the Board of the Securities Exchange Board of India (“SEBI”) has notified the SEBI (Mutual Funds) Regulations, 2026, which replaces the existing SEBI (Mutual Funds) Regulations, 1996, which has been the guiding force for the mutual fund market in the […]
Tag: finance
Pushpendra and Moazzam Hussain Introduction The distinction between capital and revenue expenditure is among the most enduring fault lines in Indian income-tax jurisprudence. This uncertainty becomes particularly acute in the context of non-compete fee which is a standard feature of corporate transactions. Non-compete covenants are commercially pivotal as they preserve deal value by preventing the […]
Himanshu Yadav Insolvency Beyond Rescue: Engineering Opacity at the Intersection of Competition and Resolution Law The discourse relating to the interface between the Competition Commission of India (CCI) and the Insolvency and Bankruptcy Code (IBC) has been plagued mainly by procedural impediments, long timelines, sequential clearance requirements and lapses in corporate defence mechanisms. Practitioners look […]
Shivangi Nawalkha & Shreshtha Saha Ray In Part I, we examined how recall jurisdiction, though conceived as a narrow corrective safeguard, has increasingly been deployed as a strategic instrument of delay in insolvency proceedings. Part II builds on that diagnosis by examining the jurisprudential boundaries of recall and articulating a principled reform framework. Case Studies […]
Shivangi Nawalkha & Shreshtha Saha Ray Introduction The power of the National Company Law Tribunal’s (“NCLT”) and National Company Law Appellate Tribunal’s (“NCLAT”) power to recall their own orders is a blunt yet indispensable judicial instrument. It operates as a corrective safeguard to prevent the miscarriage of justice, to nullify orders procured by fraud or […]
NUALS Law Journal 