Taxmann's Analysis | Innovating Insolvency – IBBI's Progressive Approach to Personal Guarantor Cases


Book Description

The Insolvency and Bankruptcy Code (IBC) plays a pivotal role in providing a structured framework for insolvency resolution processes, ensuring fairness and transparency. The primary focus is on rehabilitating the debtor rather than simply adjudging them as insolvent. This article discusses the proposal to appoint a Resolution Professional (RP) in Personal Guarantors (PG) cases to streamline Insolvency Proceedings. The proposal also suggests sharing a copy of the RP's report with both the debtor and the creditor to enhance clarity. Additionally, it advocates making the meeting of the creditors mandatory in all PG insolvency matters.





Book Description




e-Learning Ecologies


Book Description

e-Learning Ecologies explores transformations in the patterns of pedagogy that accompany e-learning—the use of computing devices that mediate or supplement the relationships between learners and teachers—to present and assess learnable content, to provide spaces where students do their work, and to mediate peer-to-peer interactions. Written by the members of the "new learning" research group, this textbook suggests that e-learning ecologies may play a key part in shifting the systems of modern education, even as technology itself is pedagogically neutral. The chapters in this book aim to create an analytical framework with which to differentiate those aspects of educational technology that reproduce old pedagogical relations from those that are genuinely innovative and generative of new kinds of learning. Featuring case studies from elementary schools, colleges, and universities on the practicalities of new learning environments, e-Learning Ecologies elucidates the role of new technologies of knowledge representation and communication in bringing about change to educational institutions.







Competition Law in India


Book Description

In the last few years, the Competition Commission of India has been extremely assertive in its enforcement outlook, especially in the digital markets. Additionally, the relevance of competition law in India continues to grow in importance as investment activity increases. This comprehensive, practical guide outlines the highly distinctive manner in which competition law is interpreted in this major global market. Highlighting the key aspects of Indian competition law, a leading competition law practitioner describes elements of Indian competition law encompassing the following: the dual regulatory-judicial nature of the Competition Commission; investigatory powers of the Commission’s Director General; mandated business conduct policies (e.g., active risk management procedures); availability of sanctions, remedies, and private actions; cartels and leniency programmes; extraterritorial application of the Competition Commission; merger review; pricing and non-pricing abuse; approach in digital markets; appeal process; fines – companies, directors and officers; fines for non-cooperation or furnishing false information; and liability of state-owned enterprises. Analysis of numerous leading cases decided by the Indian competition authorities enhances the book’s practical value. This comprehensive guide provides an incomparable overview of practice in a key jurisdiction that is increasingly becoming one of the most important in the international recognition and enforcement of competition law. As a guide to the ‘landscape’ of competition law in India, it has no peers. The book will be of inestimable value to professionals in this area of legal practice, whether in law firms, corporations, academia, government or the judiciary, as well as to investors, economists and business executives.




Corporate Rescue


Book Description

It is primarily to corporate rescue procedures and reforms adopted at the domestic level that this book is devoted. Individual chapters 'each written by an expert or team of experts from the country under scrutiny' consider recent developments and prospec.




Issues in Accounting and Finance


Book Description

First published in 1997, this volume and its contributors take stock of current issues in accounting and finance. Featuring specialists in business, accounting, finance along with Vice Chancellor John Bull, they examine areas including auditors’ decision-making, financial shocks, the European corporate capital structure, GPs, accounting education and professional journals.




Indian Financial Sector


Book Description

This paper traces the story of Indian financial sector over the period 1950–2015. In identifying the trends and turns of Indian financial sector, the paper adopts a three period classification viz., (a) the 1950s and 1960s, which exhibited some elements of instability associated with laissez faire but underdeveloped banking; (b) the 1970s and 1980s that experienced the process of financial development across the country under government auspices, accompanied by a degree of financial repression; and (c) the period since the 1990s till date, that has been characterized by gradual and calibrated financial deepening and liberalization. Focusing more the third period, the paper argues that as a consequence of successive reforms over the past 25 years, there has been significant progress in making interest and exchange rates largely market determined, though the exchange rate regime remains one of managed float, and some interest rates remain administered. Considerable competition has been introduced in the banking sector through new private sector banks, but public sector banks continue have a dominant share in the market. Contractual savings systems have been improved, but pension funds in India are still in their infancy. Similarly, despite the introduction of new private sector insurance companies coverage of insurance can expand much further, which would also provide greater depth to the financial markets. The extent of development along all the segments of the financial market has not been uniform. While the equity market is quite developed, activities in the private debt market are predominantly confined to private placement form and continue to be limited to the bluechip companies. Going forward, the future areas for development in the Indian financial sector would include further reduction of public ownership in banks and insurance companies, expansion of the contractual savings system through more rapid expansion of the insurance and pension systems, greater spread of mutual funds, and development of institutional investors. It is only then that both the equity and debt markets will display greater breadth as well as depth, along with greater domestic liquidity. At the same time, while reforming the financial sector, the Indian authorities had to constantly keep the issues of equity and efficiency in mind.




Non-Conventional Copyright


Book Description

'Copyright law has always somehow managed to adapt to new technological and social developments as well as to new artistic and creative practices. However, every time such a development occurs, the legitimate question arises if the system is adaptable or if the breakthrough is so gigantic that a new system needs to be elaborated. In any case, new scholarly reflections are needed in regular intervals and that is exactly the purpose of this fascinating edited collection by Enrico Bonadio and Nicola Lucchi on non-conventional copyright, exploring from various angles the copyright issues of all sorts of creations ranging from unconventional art forms, new music and atypical cultural practices to new advances in technology, not forgetting to investigate the delicate issues around copyright on illegal and immoral works.' - Christophe Geiger, University of Strasbourg, France Copyright law constantly evolves to keep up with societal changes and technological advances. Contemporary forms of creativity can threaten the comfortable conceptions of copyright law as creative people continually find new ways of expressing themselves. In this context, Non-Conventional Copyrightidentifies possible new spaces for copyright protection. With current copyright law in mind, the contributions explore if the law should be more flexible as to whether new or unconventional forms of expression - including graffiti, tattoos, land art, conceptual art and bio art, engineered DNA, sport movements, jokes, magic tricks, DJ sets, perfume making, typefaces, or illegal and immoral works - deserve protection. Vitally, the contributors suggest that it may be time to challenge some of the basic tenets of copyright laws by embracing more flexible ways to identify protectable works and interpret the current requirements for protection. Additionally, some contributors cast doubts about whether copyright is the right instrument to address and regulate these forms of expression. Contemporary in topic, this thought-provoking book will be essential reading for intellectual property law scholars, practitioners and policymakers. Creative people and those involved in the creative industries will also find this book an engaging read. Contributors include: E. Bonadio, S. Burke, C. Cronin, T. Dagne, T.W. Dornis, F.J. Dougherty, T.M. Gates, M.P. George, E. Haber, S. Karapapa, Y.M. King, T. Iverson, N. Lucchi, G. Mazziotti, J. McCutcheon, L. McDonagh, M. Maggiore, P. Mezei, M. Mimler, A.G. Scaria, C.Y.N. Smith, X. Tang




Women in Combat


Book Description

Over the past two decades of conflict, women have served with valor and continue to serve on combat aircraft, naval vessels, and in support of ground combat operations. The expansion of roles for women in the Armed Forces has evolved since the early days of the military when women were restricted by law and policy from serving in certain occupations and units. Women have not been precluded by law from serving in any military unit or occupational specialty since 1993 when Congress repealed the remaining prohibitions on women serving on combatant aircraft and vessels. However, Department of Defense (DOD) policies have prevented women from being assigned to units below brigade level where the unit's primary mission was to engage directly in ground combat. This policy barred women from serving in infantry, artillery, armor, combat engineers, and special operations units of battalion size or smaller. On January 24, 2013, then-Secretary of Defense Leon Panetta rescinded the rule that restricted women from serving in combat units and directed the military departments and services to review their occupational standards and assignment policies and to make recommendations for opening all combat roles to women no later than January 1, 2016. On December 3, 2015, Secretary of Defense Ashton Carter ordered the military to open all combat jobs to women with no exceptions. This most recent policy change followed extensive studies that were completed by the military departments and by the Special Operations Command (SOCOM) on issues such as unit cohesion, women's health, equipment, facilities modifications, propensity to serve, and international experiences with women in combat. These studies also included a review and validation of gender-neutral occupational standards for combat roles where such standards existed. On March 10, 2016, Secretary Carter announced that the Services' and SOCOM's implementation plans for the integration of women into direct ground combat roles were approved. Some concerns about the implementation of the new policy remain, including the recruitment, assignment, and career management of women into the new roles, and the impact of integration on unit readiness. Congress has oversight authority in these matters, and may also consider issues such as equal opportunity, equal responsibility (such as selective service registration), and the overall manpower needs of the military.