August - 2021

CCI ANTITRUST INTERIM MEASURES: A MULTI-JURISDICTIONAL ANALYSIS

The Competition and Commercial Law Review

Aug 20, 2021
6 min

CCI ANTITRUST INTERIM MEASURES: A MULTI-JURISDICTIONAL ANALYSIS

[Anwesh Patnaik is a second year student at National Law Institute University, Bhopal] The Competition Commission of India (CCI) in its recent order dated 9th March, 2021 granted interim relief till such time a detailed investigation was conducted. The CCI’s power to grant interim measure is derived from Section 33 of the Competition Act. The CCI has sparingly used the power to grant such interim measures, this seems to be in consonance with the Supreme Court (SC) judgment an

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TO THE MOON - ANALYSING THE UNREGULATED PUMP AND DUMP SCHEMES IN THE CRYPTOCURRENCY MARKET

The Competition and Commercial Law Review

Aug 7, 2021
5 min

TO THE MOON - ANALYSING THE UNREGULATED PUMP AND DUMP SCHEMES IN THE CRYPTOCURRENCY MARKET

[Aman Tiwari is a 3rd year law student pursuing B.L.S., L.L.B from Government Law College, Mumbai] The past few months have been a rollercoaster ride for cryptocurrency investors. Slogans like “To the Moon” were circulating rampantly across social networking sites. It would only take a “tweet” by Elon Musk for the price of “Dogecoin”, a cryptocurrency, to increase or decrease manifolds. Amongst these tweets were dedicated groups of cryptocurrency traders engaged in a common f

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TAXATION OF NON-FUNGIBLE TOKENS: AN INTRIGUING PHENOMENA

The Competition and Commercial Law Review

Aug 4, 2021
6 min

TAXATION OF NON-FUNGIBLE TOKENS: AN INTRIGUING PHENOMENA

[Meghana R and Amogh Tiwari are undergraduate students at IFIM Law School, Bangalore] Introduction Starting relatively unheard of with Etheria in 2015 to witnessing a humongous surge in the digital domain, Non-Fungible Tokens (NFTs) have mustered an incredible investor-attention in the recent times. Nonetheless, this dramatic swell was soon followed by a colossal drop in prices, creating both confusion and curiosity vis-à-vis the future of NFTs. While some describe these toke

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LEGAL QUANDARY ON CRYPTO: ANALYSING INDIA’S PROPOSED BILL AND ADDRESSING THE INEFFICACY OF POLICIES

The Competition and Commercial Law Review

Aug 4, 2021
7 min

LEGAL QUANDARY ON CRYPTO: ANALYSING INDIA’S PROPOSED BILL AND ADDRESSING THE INEFFICACY OF POLICIES

[Ayush Raj is a second year law student at Maharashtra National Law University, Nagpur] Introduction Ever since the invention of bitcoin in 2009, it has been criticised for illegal transactions, high price volatility, and terror funding. Cryptocurrencies work on the blockchain technology having a peer-to-peer network. The recent popularity of bitcoin and its surging prices has initiated a whole new debate regarding its acceptance, governance, and, legality. The market value o

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JURISDICTION OF THE NCLT TO GRANT RELIEF IN A CASE OF OPPRESSION AND MISMANAGEMENT: AN ANALYSIS

The Competition and Commercial Law Review

Aug 4, 2021
6 min

JURISDICTION OF THE NCLT TO GRANT RELIEF IN A CASE OF OPPRESSION AND MISMANAGEMENT: AN ANALYSIS

[Bhawna Lakhina is a third year student at National Law Institute University, Bhopal] Section 241 of the Companies Act, 2013 (Companies Act) provides the right to a member of a company to seek relief for oppression and/or mismanagement of the company. It provides that any member can approach the National Company Law Tribunal (NCLT) alleging that the affairs of the company are being conducted in a way oppressive to any member(s), or prejudicial to the interests of the public o

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THE SIERRA CONSTRUCTIONS CASE: ANALYSIS OF JUDICIAL DISPOSAL IN DENYING INTERIM PROTECTION

The Competition and Commercial Law Review

Aug 3, 2021
6 min

THE SIERRA CONSTRUCTIONS CASE: ANALYSIS OF JUDICIAL DISPOSAL IN DENYING INTERIM PROTECTION

[Rohan Dembani and Adesh Arora are students at Institute of Law, Nirma University] Recently, the Karnataka High Court (HC) in Smt. Padma Mahadev v. M/S. Sierra Constructions (Sierra Constructions) has demonstrated an unnoticeable nexus between Sections 9 and 34 of the Arbitration and Conciliation Act, 1996 (the Act). Significant for our analysis, the unsuccessful party challenged a final award under Section 34 and sought interim relief under Section 9 till the Section 34 proc

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