Do officers of the ED under PMLA have the power to seek remand ?
Pavan Narang Recently, the Delhi High Court, in its judgment titled Rajbhushan Omprakash Dixit v. UOI, referred to a larger Bench certain important questions of law that need to be settled. One of the...
View ArticleIs 270 days a realistic target under the Bankruptcy Code?
By Aayush Mitruka One of the reasons why the Insolvency and Bankruptcy Code, 2016 (the Code) is being regarded as the path-breaking legislation is because unlike its predecessors it prescribes tight...
View ArticleThe Binani Saga – Value Maximization Above All?
By Jolly Abraham Ultratech and Rajputana Properties were among the resolution applicants for Binani Cement. Based on evaluation criteria specified in a process document provided to all persons who had...
View ArticleLaissez Faire – Alas! What Have you Done
By Shanmugham D Jayan A coherent and consistent ideology is the bedrock of a successful legal system. The success of a rule is nothing but acceptance of the ruler’s law by the subjects. From suo moto...
View ArticleAmendments to the Commercial Courts Act
Ashish Kabra and Mohammad Kamran Highlights of the Amendment Minimum Value of dispute (pecuniary jurisdiction) reduced to INR 3,00,000/- Commercial courts split in two – (i) District Judge Level &...
View ArticleCorporate Insolvency Resolution Process: Are Operational Creditors being...
By Swaroop George The recent order dated May 4, 2018, of the National Company Law Tribunal at Kolkata, dealing with various applications in C.P.(IB) No.359/KB/2017 with regard to the Corporate...
View ArticleThe PoA Act judgement and its repercussions: A ground report from Kurnool
A number of people staged a padayatra from the village of Pedapadu in Rayalaseema to the city of Kurnool on the morning of May 19. They were protesting against a Supreme Court judgment which had laid...
View ArticleMandatory Mediation under Commercial Courts Act – A Boost to Effective and...
Shantha Chellapa & Tara Ollapally Mediation Ordinance under the Commercial Courts Act The Commercial Courts, Commercial Division and Commercial Appellate Division of High Court (Amendment)...
View ArticleFive key takeaways from the Ranbaxy-Daiichi Dispute
Rajesh Begur On January 31, 2018, the Delhi High Court delivered a landmark judgment in the area of commercial contracts by upholding an award of an arbitral tribunal made in Singapore in the...
View ArticleProposed changes to the Negotiable Instruments Act: An Act of Fancy Footwork
Vikas Dutta On January 2 this year, the Negotiable Instruments (Amendment) Bill, 2017 was introduced in Parliament and is currently pending before the Lok Sabha. This proposed amendment is an attempt...
View ArticleImpact on the Real Estate Industry and Consumers by the IBC Ordinance, 2018
By Vaibhav Gaggar The recent ordinance dated June 6, 2018, has brought about some crucial amendments to the existing Insolvency and Bankruptcy Act, 2016 (hereinafter referred to as the ‘Insolvency...
View ArticleWhy the Section 377 case raises questions beyond LGBTQ rights
Abishek Jebaraj The Supreme Court of India will soon give its verdict in the challenge to Section 377 of the Indian Penal Code, which among other things, penalizes consensual same-sex relationships...
View ArticleArbitration Amendment Bill: The Good, the Bad and the Ugly
Vikas Mahendra and Kaustav Saha Introduction The Arbitration and Conciliation Amendment Bill, 2018 seeks to make a number of significant changes to the Arbitration and Conciliation Act, 1996. The Bill...
View Article#FromPolicyToPeople: Who will benefit from the latest proposed amendments to...
In this new series, Bar and Bench tries to assess the consequences of laws on the people they are intended for. How do laws, framed in Delhi, impact people in the corners of India? Do people understand...
View ArticleMobocracy – An Urgent Need for Action
Vishavjeet Chaudhary The last few incidents of lynching by mobs of people have sent shockwaves around the world. The situation is dreadfully distressing as it is chilling. According to some reports,...
View ArticleThe Matter of Time under the Insolvency and Bankruptcy Code
By Harini Subramani In a recent judgment, while upholding the legislative mandate for a time-bound completion of the insolvency resolution process under the Insolvency and Bankruptcy Code, 2016 (Code),...
View ArticleSetting the stage for India’s Data Protection Regime – Only half the battle...
By Rishika Taneja The committee of experts appointed by the government under the leadership of Justice B. N. Srikrishna in its report has set the foundation for the data protection architecture of the...
View ArticleThe Viewpoint: Alternative Investment Fund: Regulations and Perspectives
Samrat Sengupta Alternative Investment Fund (AIF) is defined in Regulation 2(1) (b) of the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012. AIFs are the Funds...
View ArticleTrekking in the Himalayas: A lack of regulations and labour laws
Akshya & Kriti Chopra There are no prizes for guessing the most favoured destination for spending the summer vacations for most of us practicing in the courts of northern India. The hills in the...
View ArticleSpecific Relief (Amendment) Bill, 2018: Highlights & Takeaways
Arush Khanna On July 23, 2018, the Parliament passed the Specific Relief (Amendment) Bill, 2018 (“Bill”). The Bill considerably strengthens the law on specific performance by making the provisions for...
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