Priority of Distribution (Waterfall Mechanism) under Section 53 of the Insolvency and Bankruptcy Code: Examining the Rights of Operational Creditors, Government Dues, and Secured Lenders
Priority of Distribution (Waterfall Mechanism) under Section 53 of the Insolvency and Bankruptcy Code: Examining the Rights of Operational Creditors, Government Dues, and Secured Lenders An Analytical Study of the Statutory Order of Priority in Liquidation under the Insolvency and Bankruptcy Code, 2016 1. Abstract Before 2016, a company sinking under debt in India had […]
THE LIABILITY VACUUM IN ARTIFICIAL INTELLIGENCE: A COMPARATIVE ANALYSIS OF ACCOUNTABILITY FRAMEWORKS WITH SPECIAL REFERENCE TO INDIA
THE LIABILITY VACUUM IN ARTIFICIAL INTELLIGENCE: A COMPARATIVE ANALYSIS OF ACCOUNTABILITY FRAMEWORKS WITH SPECIAL REFERENCE TO INDIA ABSTRACT : Artificial intelligence systems have shattered the foundational assumption on which liability law rests: that identifiable human agency lies at the proximate end of every harmful act. As autonomous systems make consequential decisions through processes that are […]
Inside an NBFC Compliance Audit: Understanding PMLA, KYC, Customer Due Diligence and Director Liability
Author: Jayita Sharma Institution: The Law School, University of Jammu (1st Year, 2nd Sem) Designation: BALLB Student Current Position: Legal Intern, LawVaani The Audit Begins: When One Missing KYC Brings the ED to Your Door It is 9:15 on a Monday morning. The compliance team of a rapidly growing Non-Banking Financial Company (NBFC) is preparing […]
The New Economics of Play: Taxation and Financial Regulation of Online Gaming Under GST
THE 28% TAX REDIME Abstract The taxation of online gaming and casinos has emerged as one of the most contested chapters in India’s Goods and Services Tax (“GST”) jurisprudence. What began as an interpretational ambiguity over whether stakes placed on digital platforms constituted a taxable supply has, over roughly four years, evolved into a full-blown […]
How to File an Application Before the Debt Recovery Tribunal (DRT) for Stay of E-Auction Under the SARFAESI Act, 2002
A Comprehensive Guide to Filing an Application Before the Debt Recovery Tribunal (DRT) for Stay of E-Auction Under the SARFAESI Act, 2002 Introduction The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) empowers banks and financial institutions to recover defaulted loans without approaching a civil court. One of […]
How to File an Application Before the Debt Recovery Tribunal for Filing a Counterclaim in a Debt Suit
How to File an Application Before the Debt Recovery Tribunal for Filing a Counterclaim in a Debt Suit A Procedural and Analytical Study of Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 By Arpita Anand, Intern, Law Vaani Abstract / Introduction When a bank or financial institution drags a borrower before the […]
How to File an Application Before the Debt Recovery Tribunal for Filing a Counterclaim in a Debt Suit
How to File an Application Before the Debt Recovery Tribunal for Filing a Counterclaim in a Debt Suit A Procedural and Analytical Study of Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 By Arpita Anand, Intern, Law Vaani Abstract / Introduction When a bank or financial institution drags a borrower before the Debts […]
NPA Resolution under SARFAESI and the Insolvency and Bankruptcy Code
Introduction The resolution of non-performing assets (NPAs) has been one of the defining preoccupations of Indian commercial law over the past decade. India’s banking sector, burdened for years by a mounting stock of stressed assets, has been served by two principal statutory mechanisms operating in parallel: the Securitisation and Reconstruction of Financial Assets and Enforcement […]
FinTech Partnerships Between Banks and NBFCs: Legal and Regulatory Issues
Introduction India’s credit delivery architecture has undergone a quiet but far-reaching transformation over the last decade. Where banks and Non-Banking Financial Companies (NBFCs) once operated largely as competitors, they are today frequently found as collaborators, with financial technology (FinTech) platforms acting as the connective tissue between them. Co-lending arrangements, digital lending apps operating as Lending […]
DIGITAL CURRENCY REGULATION: IMPLICATIONS FOR INDIA
DIGITAL CURRENCY REGULATION: IMPLICATIONS FOR INDIA Abstract: Digital currency is one of the most significant innovations in the financial system all over the world. It refers to the legal frameworks, rules and guidelines imposed by governments and central banks to oversee the overall regulation of electronic money like, trading, storage, usage, etc. This research paper […]