The NCLAT in Samir Agarwal Vs. CCI, while siding with cab-aggregators upholding CCI’s Order under Section 26(2), has introduced a troublesome curveball by evolving a new and restrictive locus standi requirement under the Act by removing the scope of information…
The Insolvency and Bankruptcy Code, 2016 (“IBC”) has been the talk of the business and legal world since its inception. It is touted as the primary reasons for India’s rise in the Ease of Doing Business ranking from 130 to…
The Hon’ble Supreme Court of India has set aside the order for imposition of costs of Rs. 50,000 by the Securities Appellate Tribunal (“SAT”) on the Securities and Exchange Board of India (“SEBI”) for imputing manipulative intent upon the Appellant,…
In an attempt to tackle frivolous appeals, the Securities and Exchange Board of India (“SEBI”) has proposed the introduction of a mandatory deposit of 10% of the penalty imposed by it, before an appeal from its orders/directions can be sought…
S. Gopakumar Nair & Anr. Vs. OBO Betttermann India Private Limited & Anr. Decided by the Hon’ble National Company Law Appellate Tribunal, New Delhi (Company Appeal (AT) No. 272/2018 – Decided on 09.07.2019) (Coram – Justice A.I.S. Cheema and Mr. Balvinder Singh)…
[Highlights: First, the Hon’ble Securities Appellate Tribunal has held that decisions of Clearing Corporations established under Section 8-A of the Securities Contract (Regulation) Act, 1956 are appealable under Section 23L of that Act. Second, it reiterated that SEBI has wide…
The Trade Marks Act (TMA) was introduced in 1999 for the registration of Trade Marks in India and mainly to provide for better protection of the trademark for goods and services preventing their fraudulent use. Trade Mark refers to a…
After suffering a major setback in the case of Dharani Sugars and Chemicals Ltd. v. Union of India (“Dharani”) where its Feb 12 Circular was struck down, RBI has come back with a more prudent and humble framework under the “Reserve…
The law of breakup of monopolies/dominant companies differs across jurisdictions. In this article, the Author analyses the law of breakups in the United States and India. In this series of articles, the author makes a holistic analysis of the concept…
Of late, there have been passionate political calls throughout the world to break-up the ‘big tech’ companies like Facebook, Amazon, Apple, etc. This is primarily because of the overwhelming power that these companies hold in their relevant markets and the…
