Law Firm Articles
Enforcement Of Foreign Awards Granting A Put Option Despite Objections Under The FEMA
A 'put option' is a clause agreed in a contract whereby one party has the right (not an obligation) to sell its shares in a company to another person at an agreed price. Such price need not be an absolute number recorded in the contract and could be in the form of an agreed formula or may be left to determination by an expert (pre-agreed or subject to future agreement) using financial data as of an agreed date. A put option works as a means of exit for investor shareholders. Subject to...
What Are The Consequences Of The LandLord's Refusal/Failure To Take The Possession Offered By The Tenant?
Pandemic COVID -19 has large scale implication on human life and has affected the whole world socially, politically, commercially and economically with unprecedented consequences. Businesses are not even able to operate from their premises or been working with lesser manpower, had allowed their employees to work from home and manage to conduct their work online. That on account of the aforesaid disruption lot of business are unable to pay rent, a number of businesses are also not able to...
Preparing For UPSC With Law Optional Subject - A Definitive Guide (Part - 2)
After I wrote a piece comparing UPSC and judicial service examination, to answer general queries of candidates that I received through email, I decided to write a two-series article, hopefully answering all queries, which the larger student community preparing for civil services with law optional may have. Since the time I wrote part - 1 of this two series article, coronavirus have swept and peaked across Europe. In the next month or so, it is expected to peak in our country. A...
Child As A Consumer – Perspectives From Law And Behaviour
Law serves an important role as a tool for behavioural change in society. As the jurist Hans Kelsen noted, law and social order help bring about important changes in human behaviour[1]. Law also helps to ensure that social life is enabled and made effective. Scholars like Cass Sunstein and Richard Thaler have demonstrated the role of behavioural sciences in disciplines such as economics and law[2]. Thus, law and behaviour are engaged in a cyclical relationship with feedback loops....
Succession Planning
PART - I SUCCESSION PLANNING IN FAMILY BUSINESS AND ITS RELEVANCE: Succession planning is a mechanism by which inheritance of leadership and management in family-owned assets/businesses can be preserved and managed efficiently. Succession planning is important for preserving family wealth planning in advance, the future of family's businesses. Several iconic international multi-national businesses started off as family businesses. Think Ford Motors, Volkswagen,...
Promissory Estoppel Has To Yield To Larger Public Interest
In a recent pronouncement[1], the Apex Court upheld amendment notifications issued by the Central Government ("Government" / "UOI") limiting the extent of amount of benefit promised in the original notification. The genesis of the judgement is that doctrine of promissory estoppel cannot be invoked where invocation of the same against the Government is contrary to principal of equity or public interest. FACTS OF THE CASE In order to boost economic growth and employment opportunities...
Amendment Of Section 4 Of The Insolvency Code: Is It Retrospective?
Unprecedented situation requires unprecedented measures. The current pandemic COVID 19 has affected the entire society including business severely. Due to contagious nature of COVID 19 the Government of India was forced to take tough measures like lockdown, restriction of movement of men and goods etc. The lockdown was enforced with all sincerity and the result was obvious i.e. the economic activities came to standstill. To obviate the sufferings of the business certain measures were...
Post-Pandemic (R)evolution- Rise Of India
The Covid-19 shock has had a devastating long-term impact in several aspects. It has not only wiped out several lives but also fractured the back-bone of economies globally. Countries have been forced to close borders, indefinitely cease international trade thereby resulting in economic and social self-isolation. This has strengthened emergency measures and fortification of systems to continue trade and activities digitally (Hernan Saenz et al., 2020). Countries that have managed the...
Mediation A Helping Tool During COVID-19 And Otherwise
The spread of novel coronavirus (COVID-19) has created a pandemic, affecting all aspects of our lives by the dangers and restrictions imposed by it. The world is compelled to function virtually, which has slowed the process of ongoing disputes and increased the existing pendency of disputes in courts. As per the data of the Ministry of Law and Justice (India), there are over three crore pending cases across the Supreme Court, the High Courts and the District Courts in India.[1] In response...
High Court Of Delhi Continues To Leap Forward
Amongst the Indian Courts, the High Court of Delhi has always been in the forefront of technological advancements. During the current pandemic it came out with 'High Court of Delhi Rules for Video Conferencing for Courts 2020' which consolidate, unify, and streamline the procedure relating to Video Conferencing for Courts it. These rules apply qua the Delhi High Court and courts and tribunals over which it has jurisdiction. Under the rules all proceedings conducted by a court via...
