Sunday, January 17, 2021

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Need for a Separate Insolvency Regime for Banks in view of the Yes Bank Debacle in India

The fiasco of financial service providers [“FSPs”], in particular, Infrastructure Leasing and Financial Services and Dewan Housing Finance Ltd., acted as a trigger for the government to bring these companies under the insolvency regime.

Article 17: Expanding Frontiers? (Part I)

In Justice K.S. Puttuswamy (Retd.) v. Union of India and Ors., the oft-stated line that the Constitution ‘lives’ for its people was stressed upon (paragraph 31). The usage of the word ‘lives’ indicates that the reconceptualization of constitutional ideals in light of the ethos of each time period is the Constitutional function – essentially, it is a living and breathing document.

A Few Steps More: Supreme Court of India Further Evolves Its Jurisprudence on the Enforcement of Foreign Awards

The Arbitration and Conciliation Act, 1996 (the ‘A&C Act’) places responsibility for enforcement of foreign awards on High Courts.[1] If a High Court decides to enforce a foreign award, then such decision is not subject to appeal,[..]

Analysis of Governor’s Powers under Paragraph 5(1), Schedule V of the Indian Constitution

Schedule V and VI read with Article 244 of the Indian Constitution contain provisions for control and administration of Scheduled Tribes and Scheduled Areas. Paragraph 5(1) of Schedule V gives power to the Governor to apply with modification[..]

Article 17: Expanding Frontiers? (Part II)

Notwithstanding the many feminist struggles that have embellished Indian history, many precepts of personal law in India are defined in terms of male prestige and preserving the status quo in tradition, which is a masculine construct in several ways.[1] Since male preferences govern institutional structures/working and constitutional interpretations, gender neutrality is a far cry.

TRF Ltd. & Perkins: Limiting ‘Freedom of Contract’ and the Choking of Party Autonomy

In 2017, a three-judge bench of the Supreme Court of India in TRF Limited v. Energo Engineering Projects Limited (“TRF”) had the occasion to interpret the much-lauded Arbitration and Conciliation (Amendment) Act, 2015, incorporating the IBA Guidelines on Conflict of Interest into Schedule V and Schedule VII of the Arbitration and Conciliation Act, 1996 (“Act”)

Detain/Release: Teaching Law Students About AI Through Simulated Detention Hearings

Today, law students cannot graduate with just an understanding of law and procedure. They need to leave university able to understand and vet how science and technology will affect their practice and clients. This is because technology systems are increasingly affecting legal systems in democracies around the globe: data informs litigation, probability ratios are admitted as evidence,

Territoriality, Tobacco, Trademarks, and the TRIPS Agreement

Contemporary intellectual property rights can be described as ‘glocal’ rights i.e. they have the potential to have both global and local connections. For instance, it is not unusual to find instances where a multinational company owns a patent on the same invention in several countries or a trademark on the same product in several countries.

Rights to Mobility and Sustainable Urban Public Transportation in India

This essay advocates for the recognition of legal rights to urban mobility and sustainable urban public transportation in India. Recognition of such mobility and transportation rights would guarantee rights-holders the ability to move through Indian cities (and access goods, services and opportunities) through transportation mechanisms and infrastructures that are affordable

Capital Structure of Indian Family-owned Companies: A Theoretical and Contemporary Perspective

This article discusses the theoretical foundations of how family-owned companies procure finances and how they apply to Indian family-owned companies. Delving briefly into the macro picture of Indian family-owned companies, this article draws attention to the promoter-induced fraud-fraught Indian banking system.