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Articles by Suharsh Sinha
India
Under section 17 of the Indian Contract Act, 1872 (Contract Act), fraud includes acts committed by a party to a contract (or with their connivance, or by their agent), with the intent to deceive another party or induce that party to enter into the contract. Under section 19 of the Contract Act, where consent to an agreement is caused by fraud, the contract is voidable at the defrauded party’s option.
JSW-BPSL Saga: Let It Be Or Let It Go
Beyond legal infirmities, Supreme Court's recent order raises systemic concerns. The finality and predictability of resolution process will be severely undermined. THE RECENT SUPREME Court judgment in the matter of JSW Steel's acquisition of Bhushan Power and Steel Limited (BPSL) has delivered a significant setback to the Insolvency and Bankruptcy Code (IBC).
To Implement Or Not To Implement Insolvency and Bankruptcy Code
Fait accompli is a French term used to depict an event that has occurred so definitively that even if it has allegations of illegality, the situation has become practically irreversible.In such cases, courts need to balance the seriousness of alleged legal transgression with the pain of restoring all parties to a prior state. The Supreme Court was faced with precisely such a dilemma in the insolvency of Bhushan Power and Steel Ltd.Sa...
The Byju's Insolvency: Reducing IBC To A Farcical Game Of Chicken
In the 1955 classic film Rebel Without a Cause, James Dean challenged his bête noire to a deadly ‘chicken run’. It was a high-stakes car race towards the edge of a cliff with a sheer drop into the Pacific, leading to certain death. Both cars careen towards the precipice, with the one swerving first being a ‘chicken’ and losing the race. The recent David vs. David insolvency saga of Think & Learn Pvt.
Why We Can Never Pigeonhole Gulzar's Genius
In the early years after Independence, the Hindi film industry fostered an elegant repertoire of decorous poets. Songs penned by Sahir, Majrooh, Shakeel, Shailendra and Kaifi created a treasure trove of lyrics in the refined Awadhi tradition of Urdu/Hindustani. The only notable exception in this era, who departed from this genre and yet manged to thrive in the midst of these intellectual giants was the young Sampooran Singh Kalra, with the nom de plume of Gulzar.
Revisiting Tamasha: Career Lessons For A Restless Generation
In Frederico Fellini's masterpiece, La Dolce Vita, the wistful faux intellectual, Mr. Steiner remarked, "I am too serious to be a dilettante, and too much of a dabbler to be a professional." We may christen him a 'serious dabbler' for our purposes – too cautious to flirt with non-traditional pursuits but too restive to be content in a linear career. This sentiment echoes among many of the privileged class of my generation.
Women In Salim Khan and Javed Akhtar's Movies: The Un-Taming Of The Shrew
The Bollywood of 50s and 60s was a genteel place. Leading men were chivalrous, women were pious and the songs were written by stalwarts like Sahir, Shailendra, Majrooh and Shakeel. The language was redolent of the pre-partition Ganga-Yamuna tehzeeb and even the villains were classy. Bimal Roy, Raj Kapoor and Hrishikesh Mukherjee made socially relevant and sensitive stories of rural oppression, class conflict and gender inequality.
Elephant turns into a cheetah: India is ready to take its rightful place Original
India is poised to reach its full potential and regain its rightful place at the top of the world order Topics India GDP growth Given the deep pools of capital required and the new technologies to be adopted as the consensus builds to achieve climate justice, India will surely be an important recipient of both It took India 60 years (from 1947 to 2007) to reach its first trillion dollars of Gross Domestic Product (GDP).
Elephant turns into a cheetah: India is ready to take its rightful place
Business Standard4h ago Quick Summary: It requires an innings that is cautious but with one being ready to take advantage of loose balls, capitalising on our world-class skills and macroeconomic strengths. With the benefit of the Insolvency and Bankruptcy Code (one of the two game-changing legislations, with GST being the other) passed by the parliament in recent years, this should be imminently doable.
Loving Dil Dil Pakistan: An Indian Commentary On The Direction Of Pakistani Culture
I bought cheap tickets at the Lords for the final of the 2009 T20 World Cup, hoping to see India repeat its phenomenal victory from 2007. But I ended up watching our star-crossed cousins across the Radcliffe line face off against Sri Lanka. I found myself in a raucous stand with hundreds of euphoric Pakistanis cheering their team to an easy victory.
Revisiting Tamasha: Career Lessons For A Restless Generation
In Frederico Fellini’s masterpiece, La Dolce Vita, the wistful faux intellectual, Mr. Steiner remarked, “I am too serious to be a dilettante, and too much of a dabbler to be a professional.” We may christen him a ‘serious dabbler’ for our purposes – too cautious to flirt with non-traditional pursuits but too restive to be content in a linear career. This sentiment echoes among many of the privileged class of my generation.
Women In Salim-Javed Movies: The Un-Taming Of The Shrew
The Bollywood of 50s and 60s was a genteel place. Leading men were chivalrous, women were pious and the songs were written by stalwarts like Sahir, Shailendra, Majrooh and Shakeel. The language was redolent of the pre-partition Ganga-Yamuna tehzeeb and even the villains were classy. Bimal Roy, Raj Kapoor and Hrishikesh Mukherjee made socially relevant and sensitive stories of rural oppression, class conflict and gender inequality.
How to save the IBC from the NCLT
In the interim, additional courts may be added to NCLTs which see heavy IBC traffic, such as Mumbai and Delhi. The success of the Insolvency and Bankruptcy Code (IBC) rests on three institutional pillars: insolvency professionals, the Insolvency and Bankruptcy Board of India (IBBI, the insolvency regulator), and insolvency courts (National Company Law Tribunals, or NCLTs).
The death of liberal order: On Michael Jackson's 'Black or White' and our changing political, cultural landscape
Released in 1991 as part of the album, Dangerous – ‘Black or White’ by Michael Jackson was one of the greatest chartbusters of the 90s and I remember watching it over and over again as a kid. 1991 was a time when cable TV had just hit our shores and MTV used to still play music. Transitioning from a staid Doordarshan era when Prasar Bharti babus DJed the weekly Chitrahaar, MTV was a like a hurricane inside our primitive TV sets.
Coronavirus And The Zombie Attack On Indian Banks
Apr 01 2020, 11:04 AMApr 01 2020, 11:04 AMApril 01 2020, 11:04 AMApril 01 2020, 11:04 AM
NCLAT's judicial activism damaging IBC
The IBC was passed in the face of mounting NPAs gnawing at fiscal reserves of the banking sector. Prof UR Rai, one of India’s foremost constitutional law professors, began his lectures by declaring that ‘judicial activism, for lack of a better word, is a pejorative term’. His words could not ring truer in the context of the NCLAT’s decision in the ongoing bankruptcy proceeding of Essar Steel.
Insolvency Law: Financial Assets Should Be Taken Out Of The Moratorium Umbrella
Jun 25 2019, 11:20 AMJun 25 2019, 11:20 AMJune 25 2019, 11:20 AMJune 25 2019, 11:20 AM
A wake-up call for promoters
Nobel laureate Ronald Coase, a pioneer in the discipline of law and economics, posited corporate governance as an attempt to address a classic principal-agent problem. In large companies, the principals (i.e. shareholders) tend to be widespread and diversified, whereas the agents they appoint (i.e. managers or directors) to run the company are a handful.
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