Corporate

Impact Of Companies (Winding Up) Rules, 2020 on NCLT – An Analysis

The term ‘winding up’ has been defined under Section 2(94A) of the Companies Act, 2013 (hereinafter referred as ‘Act’) as, “winding up under this Act or liquidation under the Insolvency and Bankruptcy Code, 2016”. The aforesaid section was added in 2016 by virtue of Section 255 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred as ‘IBC’) which amended the Act in accordance with Schedule … Continue reading Impact Of Companies (Winding Up) Rules, 2020 on NCLT – An Analysis

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Corporate, Public Policy

Government Orders Concerning Labour Laws In India: Covid-19

Implications of labour measures enforced through Government Advisories/Directions/Circulars/Orders issued during lockdown period due to COVID-19 pandemic. Keeping in view of the spread of novel Corona Virus (COVID-19) in India, its declaration as pandemic by the World Health Organisation (WHO), the Indian Government decided to treat this as a ‘notified disaster’. For which, it is necessary to take effective measures to prevent its spread across the … Continue reading Government Orders Concerning Labour Laws In India: Covid-19

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Corporate

Collective Dominance: The Desideratum for the changing dynamics of competition

The Competition Commission of India (hereinafter referred as CCI), yet again took the same stand that has been observed since the very beginning, i.e. not deliberating upon the issue pertaining to Collective dominance in any case. This stand has been always backed by a single rational which is, ‘because the Act does not recognize this concept, we shall not deliberate upon it’. In the recent … Continue reading Collective Dominance: The Desideratum for the changing dynamics of competition

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Corporate

Relaxation Of Section 149 (3) of Companies Act 2013: Temporary relief during COVID-19?

COVID-19 crisis has had a detrimental impact on people in India and around the world. As on April 16, 2020, there are 10477 active COVID-19 cases and 414 deaths on account of the virus, in India [1]. While, we all fear the adverse consequences this malady can potentially have on our health, we mustn’t ignore the elephant in the room – the ECONOMY. As per … Continue reading Relaxation Of Section 149 (3) of Companies Act 2013: Temporary relief during COVID-19?

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Opinion, Public Policy

A Critique on The Transgender Act, 2019

Introduction The Transgender Persons (Protection of Rights) Act, 2019[i] (hereinafter, “the Act”) came into effect on 5th December, 2019 amidst mass opposition by the public. The Act is the latest attempt of the Parliament to safeguard rights of India’s transgender community, as was directed by the Supreme Court in the case of National Legal Services Authority v. Union of India and Others[ii] (hereinafter, “NALSA”). This … Continue reading A Critique on The Transgender Act, 2019

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