Ravi Charan Pentapati comments on clarification given by the Apex Court on the aspect of a recovery certificate under the Debt Recovery Law not being limited to winding up proceedings only but further extending to the Insolvency and Bankruptcy Code.
Aaliya Waziri and Saurabh Shashi Ashok analyse how studies indicate that an early resort to mediation saves money and time thereby allowing parties to progress from their dispute with a satisfactory outcome.
The Supreme Court has brought an end to an 11-year-long court battle between the Indian Space Research Organization's (ISRO) commercial right limb, Antrix Corporation Private limited (Antrix), and Devas Multimedia Private Limited (Devas) by in a recent decision, upholding the orders of the National Company Law Appellate Tribunal (NCLAT) regarding the winding up of Devas writes Avnip Sharma.
The article highlights the importance of privacy in democracy and why the state should take serious measures to protect privacy describing the utmost duty of the state under article 21 of the Indian Constitution writes Shivansh Dwivedi.
The Central Board of Indirect Taxes and Customs (CBIC) has recently released a notification, clarifying the scope of intermediary services. Malika Tiwari, Krisha Bhimani & Aaishani Kothari scrutinises the in light of the jurisprudence underlying the GST regime in India.
Rahul Kanna writes on the growing global codification of laws with regard to directors duties and the Companies Act,2013 with its much needed extensive overhaul resulted in codification of directors duties and liabilities under Section 166, Companies Act,2013.
Vikas Dutta and Rajesh Jha aim to analyse the recent developments in favour of party autonomy and answer the questions regarding the jurisdictional issues, the applicability of Part I of the Act on such Arbitrations, the interplay between ‘seat’, ‘venue’ and ‘place’ and other relevant aspects.
This article highlights the shortcoming of the Essential Religious doctrine and suggests alternatives to this approach that will promote women’s liberty and dignity, without interpreting what forms a part of the religion and without interfering into the religious beliefs of the community writes Simran Upadhyaya.
This article highlights how non-recognition of same sex marriages under the Indian law is violative of the fundamental rights guaranteed under the Constitution of India, in light of the Supreme Court judgement in Navtej Singh Johar v. Union of India writes Shipra Tiwari.
Mohit Singhvi and Madri Chandak seek to understand the efficiency and application of the IV Schedule to the Arbitration and Conciliation Act (hereinafter referred to as “the Act”) and bring into light the justifications behind addition of such schedule and also the burning question of such exorbitant fee of delivery of justice and its reach to the financially challenged.
This article will analyze anti-religious conversion, the impact of laws related to this, the opinion of various Courts and judicial authorities on these laws and directions set forth by these laws to ensure safety and security of those individuals who enter into inter-faith marriages writes Prachi Dutta.
This article proposes to examine the veracity of the recent observations made by Hon’ble Madras High Court against the Election Commission of India attributing the diabolical spread of Covid-19 to its alleged mismanagement and inaction in conduct of elections writes Eklavya Dwivedi.
The Consumer Protection E-Commerce Rules, 2020 was introduced with a view to provide a definite set of rules that regulate the trading of goods and services through the electronic medium. The rules, framed under the Consumer Protection Act, 2019, aim to address the distinct issues that have arisen in the field of e-commerce in this age of online transactions. This article seeks to highlight the pertinency of the rules to the EdTech sector that has gained an increased momentum in the past year write Sahana Priya Satish and Raghavi Rajagopalan.
The present article discusses the concept of proxy contests, the positives and negatives of resorting to proxy contests, the managerial defences being used for protection against such contests, the recent proxy contest cases of Hyundai Motor Corp/ Elliott Management and Third Point/Campbell Soup. Further, the research analyses the implications and takeaways for shareholders, management and others from the aforesaid case studies, leaving the same at a concluding mark and few suggestion writes Malika Tiwari.
In State Bank of India v. Shakti Bhog Foods, the question, whether IBC proceedings could commence post appointment of the Official Liquidator, is pending decision of the Hon’ble Supreme Court of India. The Supreme Court can use this case to settle the broader question, whether a fresh resolution process in every Saved Petition must be allowed without regard to S.446. Changing the current approach of the Company Courts and the NCLTs towards IBC proceedings in Saved Petitions would not only minimize value destruction, but also accommodate various stakeholder interests involved during winding up. This article establishes the reasons for doing so writes Akshata Singh.
The Insolvency & Bankruptcy Code, 2016 functions as an exception to all the commercial laws in India. The non-obstante clause of the Code is still open to a lot of interpretation & litigation. One such debate is the applicability of moratorium over the attachment proceedings under the Prevention of Money Laundering Act, 2002. This article seeks to analyze the objectives of the two acts, their non-obstante clauses, and landmark cases with respect to their primacy over each other writes Nayani Agarwal.
A closer look of the existing power structure in J&K reveals that Hindu women residing in Jammu region has been at an extremely disadvantaged position against the patriarchal society and the overarching powers of the State Government. However, the revocation of special status under Article 370 of the Constitution of India has significantly altered the status quo in favour of this section of the society writes Siddharth Jasrotia.
Saharsh Saxena critically analyses the Personal Data Protection Bill of 2019 in the background of the right to privacy, and writes a critique of relevant provisions of the said bill, suggesting necessary changes which should be made to the bill, before it is voted upon.
This article focuses on the broad regulations which have come into force and analyses how the excess of it affects the lives of doctors which ultimately weakens the Doctor-Patient relationship write Karuunya Lakshmi and Chaitanya Subramaniam.
Arth Singhal analyses whether decriminalizing the offence of ‘dishonour of a cheque’ is actually a step taken in the right direction towards improving the business sentiment and unclogging the court process or not.
This article acknowledges that inequality in the bargaining power in employer-employee relationships still subsists. However, Dushyant Kishan Kaul proposes that there need not be a trade-off between equity and efficiency.
On 26 December 2018, the Department for Promotion of Industry and Internal Trade [“DPIIT”] had issued Press Note 2 (2018 Series) which introduced a series of changes in the FDI norms in the e-commerce sector. In this article, Mayank Udhwani argues that the changes which are introduced by the Press Note go against the very purpose of their introduction as it leaves every stakeholder in a worse off situation by allowing easy circumvention.
This article deals with the validity and the constitutionality of Section 171 of CGST and the challenges which are faced by the implementation of this section, due to the uncertainty in the scope of Section 171 writes Harshal Sareen.
Neelabh Kumar Bist and Sikander Hyaat Khan argue that the Covid-19 pandemic, by itself and because of its consequences, is likely to invite writ petitions that will be constitutionally permissible but may be hit by the lack of jurisdiction due to the conjunctive reading of Article 226(2) and the doctrine of forum non-conveniens. The authors propose that the High Courts in these instances must use their discretion to rule in favor of their jurisdiction if a reasonable cause of action arises within their territorial jurisdiction, even if they may not be a convenient forum.
Upasana Singh Bhagnani and Siddharth Addy do an exploratory research based on the extensive study of the 101st Amendment and Goods and Service Tax to understand the implication of the Amendments and what additional requirements will lead to the ultimate goal of One Nation, One Tax.
K.G. Prithvi and K.P. Manish acknowledge the intention of the Protection of Children From Sexual Offences and find it apt and mandatory to be critic of the Amendment Act, 2019, for being vague and are against the fair procedure of law.
The Covid 19 pandemic has disrupted how we live our lives. Football industry worldwide has also been hit hard. While FIFA has issuedCovid 19 guidelines, it has also stated that the national laws of the country willtake primacy, in a Member Federation’s jurisdiction. Due to this confusion prevails in Indian football, on how player salaries are to be paid, the validity of the contracts amongst others. The FIFA guidelines, CAS jurisprudence, decision of Indian courts and provisions of Indian law has been examined by Vidushpat Singhania and Gautam Karhadkar, to provide guidance to stakeholders in football.
Chiranjivi Sharma and Soumyajit Saha seek to critically analyse a judgment on Reverse-Corporate Insolvency Resolution Process during the resolution process in view of the settled principles of law laid down by the Supreme Court as well as the legislative intent behind enacting the Code including all subsequent and proposed amendments.
Through this article, Kshama Loya Modani and Vyapak Desai attempt to focus on the impact of Covid-19 on performance of contracts, governed by Indian law, and set out practical considerations that could help businesses in these tough times.
Pranav Prakash assesses the regulatory framework covering the insolvency of insurance companies and its effectiveness in safeguarding the interests of the insured in light of the insolvency law prevalent in India.
Ankesh Kumar comments on the National Company Law Tribunal’s decision on whether the Corporate Insolvency Resolution Process could be initiated against the corporate guarantor when the principal borrower was not a body corporate and whether there could be simultaneous initiation of CIRP against two guarantors simultaneously.
This article attempts to explore the legal, jurisprudential and policy aspects of Section 7 of the Reserve Bank of India Act, 1934 in the backdrop of the recent controversy surrounding the government’s proposal to issue directions to the Reserve Bank of India writes Ankur Sood.
Cross border insolvency is one the current problems faced by India. In order to attain the trust of the foreign investors there is a need of proper procedure established by the legislature in accordance to cross border insolvency. Sarthak Jain and Anushka Sheth give an analysis of the public notice issued by Ministry of Corporate Affairs with respect to whether it be a right choice for India to adopt the United Nation Model Law.
Anushka Sharma analyzes the squeeze-outs effectuated under section 66 of the Companies Act, 2013 and discusses the regulatory framework governing them along with delineating the role played by regulatory bodies such as SEBI in this area. It then understands the position of the minority shareholders in this context by discussing various judicial pronouncements on the issue and highlights the need for safeguarding the interests of the minority shareholders.
The present article is an attempt to enumerate upon the tax treatment of earn out consideration in Merger and Acquisition transactions. It argues that the present position in India with regard to taxing of such transactions, has not been stable, owing to varied interpretations by the Courts. Henceforth, the objective of this article is mainly to ascertain the global best practices regarding the taxability of such transactions and provide a viable solution in the Indian context writes Rohitesh Tak.
International arbitration is the preferred means of settling cross-border disputes. One reason for this phenomenon is the fact that international arbitration grants parties the ability to choose who will preside over their dispute. This empowerment is arguably even more valuable in investment disputes, which typically involve a power imbalance between the disputing parties, with private investors bringing claims against sovereign States.
Shalaka Patil explains what the Supreme Court of India has clarified what is permissible with respect to leading evidence in a challenge under Section 34 of the Arbitration and Conciliation Act to an arbitral award.
Presently, Internet and Mobile Association of India (IAMAI) has filed a writ petition in the Supreme Court against the Reserve Bank of India’s (RBI) notification released on April 6, 2018 terming it as arbitrary. This notification prohibits, entities regulated by RBI, their services to entities which operate in cryptocurrencies. Ayushi Gupta attempts to provide legal status of cryptocurrency in India in the light of RBI’s decision.
This article aims at highlighting the problems faced by the home-buyers under the Code with the help of decisions of various judicial forums write Mohit Khandelwal and Purvi Nanda. The article is a detailed analysis of the judicial decisions and legislative actions that have culminated into the Insolvency and Bankruptcy Code (Amendment) Ordinance and henceforth, addressed and resolved the plight of millions of home-buyers who were otherwise remediless and status-less under the insolvency law of the country. Furthermore, the article has succinctly discussed the rights available with the home-buyers by the virtue of the Ordinance.
The GST Council is a constitutional body that was envisaged to play a key role in the implementation of GST – and act as a platform where the Centre and the States can make collective decisions on a range of issues relating to the GST. Till date, the Council has taken various decisions that were necessary for transitioning towards the new GST regime. The change in constitutional framework brought about by the GST and the working of the GST Council have significant implications for the fiscal autonomy of the State Governments. This article aims to examine the working of the GST Council and its consequential impact on the fiscal autonomy of the State Governments write Varun Kannan and Prashant Shukla.
A no-pregnancy clause (‘NPC’), i.e. a clause forbidding pregnancy, is generally found in employment contracts, and provides that a breach of the clause would lead to termination of employment. While facially gender neutral, these clauses obviously kick-in only for females. This article aims to identify whether such clauses in film contracts will withstand legal scrutiny in India writes Ayushi Singhal.
Payel Chatterjee, M.S. Ananth and Pratibha Jain comment on the Competition Commission of India upholding that access to funding and innovative technology or models enabling an entity to provide discounts and incentives does not create entry barriers and is not anti-competitive.
On the 16th of December 2015, the Indian Supreme Court ruled on a matter that embodied a longstanding tension between the freedom to practice traditional - religious customs and concerns of caste discrimination comments Arpan Banerjee.
Raghavi Viswanath and Surbhi Sharma comment on the Maharashtra legislature recently passed the new Maharashtra Animal Preservation (Amendment) Bill, 1995 which has enforced a blanket ban on the slaughter of cows, bulls and bullocks (which was previously allowed based on a fit-for-slaughter certificate).
Arush Khanna writes a short piece on how one should uphold Linclon’s ideals which call for identifying alternate mechanisms of resolution for the various types of disputes in our country and make Dickens picture of litigation a thing of the past.
Prof. Pablo Mendes De Leon discusses principal aspects of international air and space law. It draws parallels between the two fields of law, namely, air and space law, while marking the differences. Both fields of law are part of international law. This affiliation, coupled with the occurrence of topical developments in air transport and space activities, invites to examining interesting multilevel jurisdictional questions, in which various layers and fields of law interact.
According to him, if we want to contribute to the realisation of the ultimate purpose, namely, the healthy and balanced development of a global aviation and space industry, we must be prepared to cross borders including the borders of our own field of interest – be it air law, space law, other fields of law, or the conduct of a specific policy. All these fields and interests should be prepared to learn from each other, in an interdisciplinary fashion, so as to achieve a fruitful osmosis of all those directions. The author was delighted to present this article to the Editorial Board of the India Law Journal at a time when preparations were being made for the organisation of the first international air law moot court ever. This event was jointly organised by the distinguished Sarin Memorial Legal Aid Foundation, established in India, and the International Institute of Air and Space Law of Leiden University, The Netherlands, and took place from 1 to 6 March 2010 in New Delhi.
Advertisement in the legal services sector unlike many other sectors like retail, entertainment, aviation, telecom and apparels among others is banned in India. M.L.Sarin and Harpreet Giani talk about the impact that this ban will have on Indian legal services.
In India the word "lobbying" has recently acquired a whole new dimension after revelation of the Income Tax Department tapped phone conversations of an individual lobbyist which in turn revealed an unholy nexus between politicians, corporates, journalists and lobbyists writes Diljeet Titus.
Priya Urs seeks to characterise and evaluate the varied positions of law that have been adopted by the Judiciary in its interpretation of the binding value of circulars issued by the CBEC and the CBDT under several taxing statutes. Further she address the questions posed above,
and ultimately offer a critique of the approach adopted by the Supreme Court of India in capturing some perceivable degree of certainty as to the nature of circulars issued, and their binding effect upon administering bodies, assessees and adjudicatory authorities respectively.