ArchiveJuly 2019

Lessons from L&T’s Takeover of Mindtree: Can Differential Voting Rights Aid Promoters in Peril?

[Rongeet Poddar is a final year B.A. LLB (Hons.) student at West Bengal National University of Juridical Sciences] A hostile takeover is a rare occurrence in the Indian market because of the stringent control of promoter-families over companies and concentrated shareholding patterns in India. L&T’s hostile takeoever of IT services firm Mindtree however is an exception to this general trend...

Statutory Licensing and Internet Broadcasting: A Legal Conundrum

[Ayushi Singh and Abhishek Jamalpur are 4th year students at National University of Advanced Legal Studies, Kochi] In May 2019 the Ministry of Commerce and Industry, in exercise of its powers conferred under section 78 of the Copyright Act, 1957, has proposed the Copyright Draft Amendment Rules, 2019 to amend some of the rules of the principal Copyright Rules, 2013. These Amendment Rules are...

Applicability of SARFAESI to Assignment of Loan by an NBFC

[Siddharth Tandon is a BB.A. LL.B student at National Law University, Jodhpur] The primary objective of enacting the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (or the SARFAESI Act) was to empower the financial institutions by identifying and remedying the problem of non-performing assets (NPA) by providing efficient solutions such as...

Dutch Order on Jet Airways: UNCITRAL Model Law the Need of the Hour?

[Syamantak Sen and Vivek Badkur are third-year law students at the National Law Institute University, Bhopal] The State Bank of India, Gaggar Enterprises and Shaman Wheels, a few of the many creditors of the grounded Jet Airways, i.e., the corporate debtor, filed petitions before the Mumbai bench of the National Company Law Tribunal (NCLT) under section 7 of the Insolvency and Bankruptcy Code...

Call for Papers: RMLNLU Law Review Volume X

[Announcement on behalf of RMLNLU Law Review] About the Journal The RMLNLU Law Review is an annual peer-reviewed Journal published by the Journal Committee of Dr. Ram Manohar Lohiya National Law University, Lucknow which seeks to provide numerous insights and views into contemporary legal issues and encourage conversation about the same. The RMLNLU Law Review runs parallel to the RMLNLU Law...

Supreme Court on Unstamped Arbitration Agreement: A Further Analysis

[Rahul Kanoujia and Venkata Supreeth K are student at Gujarat National Law University] The case of Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engineering Co. Ltd, decided by the Supreme Court in April 2019, involved an application made by Coastal Marine under section 11 of the Arbitration and Conciliation Act, for the appointment of a sole arbitrator in response to certain...

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