Articles
Confusion Regarding The Jurisdiction Of NCLT Qua Personal Guarantor's Insolvency
The National Company Law Tribunals (NCLT) gained huge prominence after the enactment of the Insolvency and Bankruptcy Code, 2016 (Code/IBC), and became an epicenter ajudications of commercial laws across the country. As per Section 63 of the Code, it is the only judicial forum that has the jurisdiction to deal with the insolvency resolution process of a company and even the High...
SEBI Tightens Rules For Fundraising Through IPO And Preferential Issue Amidst 2022, IPO Rush.
In the pandemic era where several stories of socio-economic crisis in India were seen, the stock market's surge is certain to perplex individuals unfamiliar with its operation. According to market experts, the "bull market" is fueled by the exponential growth of Demat accounts and investment by retail investors. Several renowned Indian startups, including Paytm, Zomato, and...
What's In (Part Of) A Name? The Delhi High Court Explains
Recently, the Hon'ble High Court of Delhi dealt with the issue of protection over part of a trademark in Hamdard National Foundation (India) & Anr. vs.Sadar Laboratories Pvt. Ltd. [1]. The dispute revolved around two 'word' marks- "Rooh-Afza" and "Dil-Afza". The Plaintiff (having registered trademark – "Rooh Afza") alleged trademark infringement and passing off against the...
The Influence Of Professor Upendra Baxi's Writings On The Supreme Court Of India
Professor Upendra Baxi, an eminent legal philosopher and public intellectual, is among the few names who have immensely impacted Indian constitutional and human rights jurisprudence. His academic works spread across various fields, including the human rights debate, constitutional and legal philosophy debates, and issues relating to the exercise of judicial power and...
Changing Pattern Of CLAT And AILET
The year 2020 saw the pattern for CLAT being altered by reducing the number of questions from 200 to 150, to be attempted within the same span of 120 minutes. This was a well-received change both by the legal fraternity and the law aspirants. Following suit, now the pattern for AILET has also been modified by NLU Delhi, for the year 2022, albeit, only 3.5 months before the AILET...
Having A Central Bank Digital Currency: Path Ahead
In the Union Budget for 2022-23, Finance Minister Nirmala Sitharaman announced that the Reserve Bank of India (RBI) will introduce the Central Bank Digital Currency (CBDC) as India's official digital rupee in 2022. In a major boost to crypto players, a 30 percent tax rate has been imposed on income from transfer of virtual digital assets. While the Government is yet to...
Model Code Of Conduct: An Equalizer Lost In Implementation
The role of free and fair elections in any democracy cannot be understated. And the enormousness of that task in a democracy as heterogeneous as India can only be tackled by a body free of state interference, mandated under constitutional powers, armed with the ability to take immediate, spontaneous remedial action in case anyone intends to make a plaything of the election process which...
Analysis Of Recent Changes In The RPT Framework Vis-À-Vis SEBI (LODR) (Sixth Amendment) Regulations, 2021
On September 28, 2021, SEBI in its Board meeting approved changes in the Related Party Transaction ('RPT') framework under the SEBI (Listing Obligations and Disclosure Requirements), Regulations 2015 ("LODR").[1] The changes were based on the recommendations of the Working Group,[2] constituted in November 2019, to review the policy space pertaining to related party...
Bridge Over Troubled Waters of Art & The Law
One of the few things to have stayed with me throughout law school is Justice Hidayatullah's quote in the landmark judgment Sajjan Singh v. State of Rajasthan, "The Constitution gives so many assurances in Part III (of the constitution) that it would be difficult to think that they were the play things of a special majority." Essentially, he says artists either try to depict...
'Think Mediation First' A Tribute to the Doyen of Indian Mediation – Mr D.S. Parikh
Mr D.S. Parikh, Senior counsel and a doyen of Indian Mediation, was spoken about with deep affection and in awestruck voices even by the most reputed Mediators in India. He passed away recently, on 28th January, at the age of ninety-four years, in the 73rd year of his practice He enrolled on 4th February 1949 as a first-generation lawyer at the young age of 21 at the chambers...
Chandigarh Kare Aashiqui – Let Love Triumph!
Why must I always have to leave? I left my school, my home, my city….. I don't want to run away anymore. I am what I am and I am not ashamed of it. These dialogues which appeared in a recently released Bollywood movie Chandigarh Kare Aashiqui directed by Abhishek Kapoor, is one of the striking dialogues from the movie where it portraits how transgender's life is pushed...
SC's NEET Judgment Has Five Messages For Anti-Reservationists In India
A recent judgment of the Supreme Court allowing implementation of reservation for OBCs and EWS in the PG Courses of Medical Sciences has ended impasse on NEET admissions. However, this landmark judgment has five messages for anti-reservationists as well as the Government of India. We analyse the five messages based on the closer reading of the judgment in the context of...