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“FOREIGN DECREES UNDER IBC- ITS VALIDITY AND ADJUDICATING AUTHORITY” by Ranjeet Soni and Himanshu Tyagi

“FOREIGN DECREES UNDER IBC- ITS VALIDITY AND ADJUDICATING AUTHORITY” by Ranjeet Soni and Himanshu Tyagi

INTRODUCTION The Insolvency and Bankruptcy Code, 2016 ( IBC ) has witnessed major changes recently, which has changed the scenario from one which was highly uncertain for foreign investors. The emerging disputes on “jurisdiction” regarding the transactions over the internet can not ignore the legal aspects involved in the execution/enforcement of foreign decrees. Even if […]

“THE REGULATING ACT OF 1773” by SAHARSHRARCHI UMA PANDEY

“THE REGULATING ACT OF 1773” by SAHARSHRARCHI UMA PANDEY

“The First intervention by the British government in the company’s territorial affairs and marked the beginning of a takeover process that was completed in 1858.” INTRODUCTION The Regulating Act of 1773 was an Act of the Parliament of Great Britain intended to regulate and restrain the management of the East India Company’s rule in India by […]

“GST- States Sacrifice Autonomy” By Anind Umrao

“GST- States Sacrifice Autonomy” By Anind Umrao

The 101st Amendment Act which creates the constitutional framework for the Goods and Services Tax (GST) also creates a GST Council to resolve issues of implementation. Article 279A of the amended constitution talks about the GST Council which consist of the members of both the State as well as the Centre, wherein the Chairperson of […]

“ARTICLE 21 – RIGHT TO CLEAN ENVIRONMENT” by Shivam Gaur

“ARTICLE 21 – RIGHT TO CLEAN ENVIRONMENT” by Shivam Gaur

The sovereign potency of India is the Constitution of India, which laid down the principles under & pursuant to which the Government could operate its various multidimensional functions. That constitution of India itself likewise provides elementary fundamental rights to every particular individual of India. The Rudimentary rights granted by the constitution of India are defined […]

“Uncertainty under Pre-existing Duty Rule” by Anind Umrao

“Uncertainty under Pre-existing Duty Rule” by Anind Umrao

According to the customary definition, consideration may be demarcated either as a hindrance caused by the promisee or an advantage gained by the promisor in return for the promise. It’s simply a benefit which the contracting party derives or expects to receive from a contractual transaction. Consideration predominately has remained to be one of the […]

“Applicability of Section14 ‘Moratorium’ to Personal Guarantors: The Supreme Court answers in the negative- A Comparative Analysis between the regimes in US vis-a-vis UK and India on this issue” by SAGAR SURI

“Applicability of Section14 ‘Moratorium’ to Personal Guarantors: The Supreme Court answers in the negative- A Comparative Analysis between the regimes in US vis-a-vis UK and India on this issue” by SAGAR SURI

  One would say potato and the other would say spud. Somebody would like fries and another, chips. There are many other (and more important) differences between the India, US and UK legal and corporate governance regimes, but whether you are in India, US or the UK, dealing with businesses in distress is both, a […]

“Excel Crop Care Ltd vs. Competition Commission of India- The Relevant Turnover” by Arundhati Diljit

“Excel Crop Care Ltd vs. Competition Commission of India- The Relevant Turnover” by Arundhati Diljit

The Competition Act, 2002 [1] is still in its infancy and various uncertainties and ambiguities have developed despite its relatively short period of application. One such ambiguity which arose was the ambit of the term ‘turnover’, as given in Section 27(b), while calculating the penalty for anti-competitive agreements and abuse of dominance. Did turnover mean […]