Timely implementation of the Resolution Plan as an objective of IBC

By : Garima Bothra INTRODUCTION : IOn November 7, 2024, the Supreme Court of India ordered the liquidation of Jet Airways following a five-year delay in implementing its resolution plan, initially approved in 2019. The Court remarked that it had “no option” but to direct liquidation of the company. While the Insolvency and Bankruptcy Code, […]

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Reforming Clinical Trials in India: A New Era for Clinical Research Organizations

By : Madhav Krishna INTRODUCTION : India’s clinical trial landscape has undergone substantial reforms in recent years, driven by the country’s aspiration to become a global hub for clinical research. These changes are designed to streamline processes, enhance patient safety, ensure ethical conduct, and protect participants’ rights while maintaining robust oversight and transparency. At the […]

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Ministry of Corporate Affairs relaxes norms for reverse-flipping in India

By : Shishank Shaw INTRODUCTION : The Ministry of Corporate Affairs (“MCA”) vide its notification dated September 09, 2024, has issued the Companies (Compromises, Arrangements, and Amalgamations) Amendment Rules, 2024 (“Amendment Rules”) aimed at simplifying the regulations for ‘reverse flipping’ in India. The Amendment Rules are effective from September 17, 2024. This move comes as […]

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ECOMARK RULES 2024: PROMOTING ECO-FRIENDLY PRODUCTS IN INDIA

By : Aishwarya Dhananjay Deshpande INTRODUCTION : The Ministry of Environment, Forest and Climate Change (“MoEFCC”) introduced the Ecomark Rules, 2024 (“Rules”), a significant initiative aimed at fostering sustainable consumption and production in India. The overarching goal of these Rules is to promote eco friendly and green industries in the path to a sustainable future. […]

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A ROAD MAP TO MANDATORY CSR: AN ANALYSIS

By- Ms. Aishwarya Deshpande• INTRODUCTION:Corporate Social Responsibility (CSR) is a business model that is adopted by a company in order to be socially responsible to the shareholders, stakeholders, the public at large and itself. By adopting CSR practices, a company becomes aware of how its actions and operations impact various social, economic, and environmental aspects […]

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A CRITICAL STUDY OF MEDICAL NEGLIGENCE IN INDIA, REGULATIONS AND CASE LAWS

By Madhav Krishna WHAT IS MEDICAL NEGLIGENCE “Medical negligence” is a term commonly used to describe the wrongful actions or omissions of healthcare professionals in the course of their practice, which can result in harm to patients. While not specifically defined in Indian laws, it has gained widespread recognition in legal discourse. This article aims […]

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A COMPARATIVE STUDY ON ROLE OF INDEPENDENT DIRECTOR IN CORPORATE GOVERNANCE IN THE USA, UK AND INDIA

By Garima Bothra Independent Directors under the Companies Act, 2013 (“Act”) have not been defined. However, the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations 2015 defines an Independent Director as a non-executive director, other than a nominee director of the listed entity. Appointment of Independent Directors under the Act: According […]

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Understanding the Position of Promoters under the Companies Act, 2013

Introduction Establishing a company is a complicated process that involves several stages. At the initial “promotion” stage, promoters conceive the idea of starting a business and begin the incorporation process. The term “promoters” has previously been used without a specific definition in Indian company law until the Companies Act of 2013 (“Act”) specified their role […]

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A CASE FOR DECRIMINALIZATION OF DISHONOUR OF CHEQUES

By Harsh Rohan Sistla ABSTRACT: The economic landscape of India, like many countries worldwide, has been profoundly impacted by the COVID-19 pandemic. As the nation grapples with economic downturns and challenges, the Ministry of Finance has proposed significant reforms to alleviate burdens on businesses and streamline legal processes. Among these reforms is the contentious issue […]

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Exploring Equity Options for Advisors in Startups

In the dynamic world of startups, securing experienced advisors can be crucial for success. Offering equity as compensation can be an attractive proposition for both advisors and founders. However, navigating the complexities of equity transfers requires a strategic approach. Let’s explore three options for giving advisor equity and the considerations associated with each. Option 1: […]

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