Half-Full: Post IBC, How Do We Encourage A Healthy Real Estate Participation?

The valuation of Indian real estate sector has witnessed a surge like none other. To wishful buyers, the sector still reeks of repulsive practices. Application of legal conventions such as RERA (Real Estate Regulation Act) and subsequently Insolvency and Bankruptcy code to tackle defaulting realtors have been some assurances from lawmakers.In the words of Ravi Mittal, Chief of IBBI (Insolvency and Bankruptcy Board of India), IBC may have played a key role in revival of real estate in the...

The Price Of A Moment: Nayanthara & Dhanush's Legal Feud

Nayanthara, one of the most popular stars of South Indian cinema, in an open letter posted on her social media handles on November 16, 2024, publicly and explicitly accused Actor-Producer Dhanush of "festering vengeance" against her for getting into a relationship with her now husband, Actor-Director Vignesh Shivan, during the shooting of Naanum Rowdy Dhaan (2015) which was produced by Dhanush. Nayanthara's documentary Nayanthara: Beyond The Fairytale, which started streaming on Netflix...

Establishing “Pre-Existence Disputes” Under The IBC Regime

The Insolvency and Bankruptcy Code (“Code”) was enacted to facilitate timely resolution to insolvency proceedings, maximisation of value of assets of the debtors, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders. However, the Code is being weaponized to act as an alternative to traditional recovery proceedings. Liquid Companies under the threat of insolvency proceedings are forced to settle claims, both legitimate and fictitious. Anticipating...

Pre-Pack Insolvency Resolution: A Solution for MSME Distress? - Examining India's Pre-Pack Schemes And Their Role In Resolving MSME Insolvency

63 million MSMEs employ nearly 115 million individuals, contributing to over 30% of India's GDP. MSMEs in India are also renowned for producing over 6,000 products, a good part of which earns precious forex. When the pandemic struck, there was a need to safeguard these MSMEs from adverse financial conditions. Enter pre-pack insolvency resolution process (PPIRP). The legal-process balanced the interests of stakeholders by ensuring that the company continued its operations and the overall business...

Tactile Marks: Can We Protect The Sense Of Touch?

Tactile trade marks, also known as texture marks, are a category of non-conventional trade marks that utilise the sense of touch to distinguish products or services. Touch is considered to be one of the most vital senses, which helps us identify what is tangible and creates a connection with products and companies. Businesses are continually searching for new trade mark features to attract consumers and the texture of a product is surely well-suited for this purpose. These marks involve unique...

Cyber-Bullying: How Should India Legally Equip Itself?

Growth in technology has changed the social fabric and given rise to new challenges such as cyberbullying, cybercrime, and digital harassment in India and worldwide. The internet was perceived as a safe-avenue for several, however leaving it unchecked without legal frameworks can damage individuals, citizens, enterprises, brands, institutions and even countries.Rising cases of cyberbullying will alarm the legal fraternity. A 16-year old make-up artist died by suicide at the start of this year...

Arbitrability Of Allegations Of Oppression And Mismanagement Under The Companies Act, 2013

Sections 241 to 244 of the Companies Act, 2013 (“Act”) provides statutory remedy to shareholders who believe that the affairs of the company are being conducted in a manner prejudicial to their interests or the interests of the company. Section 241 permits shareholders or the Central Government to file a petition before the National Company Law Tribunal (“NCLT”) if they believe there is oppression or mismanagement. Section 242 grants wide-ranging powers to the NCLT to provide relief, including...

First Sale Doctrine: Addressing Infringement By Tampering of Trademarks

A trade mark is a mark which is used in the context of goods as well as services for the reason of showing a relation in the field of trade between the goods or services and any person possessing the right, as the proprietor, to make use of the mark.[1] In India, the Trade Marks Act, 1999,[2] is the legislation which governs the use of trade marks in the country. It deals with the registration as well as the protection of trademarks for goods as well as services from being used in a dishonest...

Interim Relief By Arbitral Tribunal – Still An Unresolved Mystery?

While litigation in India is a long-drawn and cumbersome process, the Arbitration and Conciliation Act, 1996 was enacted to provide speedy resolution of disputes and deviate from the rigours of the strict procedures. More often than not, the disputes referred to arbitration, are disputes between parties sharing a contractual relationship under works contracts, supply contracts, or any other contract where time is of the essence.If a party to such contracts fails to comply with its contractual...

Ticket To Nowhere: A Brief View On The Rising Issue Of Ticket Scalping In India

In recent years, the live music scene in India has witnessed an unprecedented surge in popularity, attracting international artists and generating mania among fans. However, this has also given rise to a troubling phenomenon i.e., ticket scalping, which is particularly highlighted by the recent frenzy surrounding high-profile concerts such as those of Coldplay and Diljit Dosanjh. As fans eagerly anticipated watching their live performance, the aftermath revealed a troubling trend of ticket...

SEBI's Yellow Card: 'Warning Letters'

In India, the Securities and Exchange Board of India (“SEBI”) serves a dual role of being a watchdog as well as a guide in the arena of the securities market. To foster market discipline, SEBI has increasingly resorted to issuing warning letters, an ostensibly soft enforcement tool, which may or may not be followed by a show cause notice. In a way, think of SEBI as a referee in a football match: when SEBI issues a warning letter, it seems akin to the referee pulling out a yellow card—not a...

Analysis Of POSH In The Backdrop Of Hema Committee Report

The Justice Hema Committee (“Committee”) Report was unveiled on 19 August, 2024 by the Kerala Government after several lawsuits that were filed with the Kerala High Court (“High Court”) against its public release. The report was finally issued in a redacted form on account of confidentiality, revealing severe workplace sexual harassment within the Malayalam film industry (“Malayalam Industry”). It is rooted in the 2017 rape case of an actress, who was abducted and sexually assaulted in a...