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Law does not permit any relief to Mistrys once their case on oppression failed
(Financial Express, 2021-09-18)
Doctrinal conflict in foreign investment regulation in India: NTT Docomo vs. Tata Sons and the case for “Downside Protection”
(Indian Institute of Management Ahmedabad, 2021-02-01)
The strategic importance of India as an investment destination for foreign investors is highlighted by ongoing tensions in the Indo-Pacific region, and the recognition that a strong economic relationship with India is in ...
Treatment of intellectual property license in insolvency: analysing Indian law in comparison with the U.S. and U K
(Indian Institute of Management Ahmedabad, 2021-08-01)
A bankrupt debtor’s ability to escape unprofitable contracts, enshrined in Section 365 of the American Bankruptcy Code, is considered central to a successful reorganisation within Chapter 11. The ambit of this power and ...
Section 29A of India’s insolvency and bankruptcy code: an instance of hard cases making bad law?
(Indian Institute of Management Ahmedabad, 2021-07-01)
The Insolvency and Bankruptcy Code, 2016 offers a second chance to a distressed corporation but not its incumbent management. Section 29A of the IBC excludes promoters and the incumbent management of corporations with ...
Insolvency set offs in India: a comparative perspective
(Indian Institute of Management Ahmedabad, 2021-06-01)
The overarching objective of the Insolvency and Bankruptcy Code, 2016 (IBC) is to foster rescue culture in India and facilitate the reorganization, restoration and resolution of the corporate debtor rather than its ...
The role of insolvency tests: implications for Indian insolvency law
(Indian Institute of Management Ahmedabad, 2021-04-01)
Insolvency determination is central to the formal insolvency and bankruptcy proceedings of a debtor entity. In determining whether a company is solvent or insolvent, two tests are generally used by the bankruptcy courts ...
Tracing director liability framework during borderline insolvency & corporate failure in India
(Indian Institute of Management Ahmedabad, 2021-08-02)
The life of a company depends upon the fine balance between its management led by Board of Directors and shareholder, and non-shareholder constituencies acting as the risk bearers. The Board of Directors therefore are ...
Intellectual property licenses in cross-border insolvency: lessons from In Re Qimonda
(Indian Institute of Management Ahmedabad, 2021-11-05)
Introduced in 2016, the Insolvency and Bankruptcy Code overhauled the Indian insolvency regime. Five years young, the work in progress Code is now in the process of adopting the Cross-Border insolvency, which was omitted ...
Right to research and copyright law: from photocopying to shadow libraries
(Indian Institute of Management Ahmedabad, 2021-09-03)
Academic research and publishing are facing a crisis. The importance of access to academic literature in an interconnected world, the ever-growing cost of subscriptions to this literature, different revenue models of ...
Exploring gender perceptions of nuclear energy in India
(Indian Institute of Management Ahmedabad, 2021-11-06)
There are numerous studies that have examined the role of gender on differential perceptions on various aspects of energy, including those related to nuclear plants. Yet, few studies have explored the role of changing ...