Categories
Policy

India’s Data Protection Bill, 2019: Remedy to Privacy Plight or Beginning of Authoritarian State?

Siddhant Dubey & Umang Sethi In 2017, the Supreme Court of India in the matter of Justice K. S. Puttaswamy vs Union of India declared privacy as a fundamental right and endorsed the need for a robust legal framework in India concerning data protection.  Further, in 2018, the European Union enacted the General Data Protection […]

Categories
Arbitration

Arbitrability of Insolvency Disputes: A Case Study of the Kotak Group vs Indus Biotech Case

Vishesh Jain & Dhruv Sirpurkar In June 2020, the Mumbai Bench of the National Company Law Tribunal (NCLT) pronounced its decision in the Kotak India Venture Fund vs Indus Biotech Pvt. Ltd. Case, dismissing the Section 7 IBC petition filed by Kotak. The court opined that the arbitration clause of the agreement was wide enough […]

Categories
Constitutional Law Policy

Procedure to Employ CBI Investigation in India: A Long Due Revision

Shubham Gupta The ongoing controversy of Actor Sushanth Singh Rajput’ death has raised various questions regarding the procedure relating to registration of FIRs  and Investigations. One such issue is the recommendation of investigation by the Central Bureau of Investigation (CBI). In the above-mentioned scenario, there was a constant tussle between the centre and state about […]

Categories
Antitrust

A Need for a Close Scrutiny in Combinations Involving a Maverick Firm

Akash Thomas Jose Introduction Antitrust regulators across the world have recognised the role of a Maverick firm in enhancing competition, which proves beneficial to serving the objective of antitrust regulations, i.e., increasing consumer welfare. Maverick firms thus satisfy the said objective by playing a ‘disruptive role’ in the market, as they have a greater economic […]

Categories
Arbitration

Independence of Party Appointed Expert: The Unsettled Law in International Arbitration

Harshal Sareen Introduction The issue of independence of party-appointed experts is at the forefront of debate and discussion amongst arbitration enthusiasts and policy drafters. The question of whether or not there is a need for independence in relation to a party-appointed expert is still unclear. However, the opinion seems to be divided regarding the requirement […]

Categories
Constitutional Law Policy

Can the Padmanabhaswamy verdict free Hindu temples?

Pratyush Kumar Jena &Vishal Choudhury On 13th July 2020, a two-judge bench of the Supreme Court delivered its judgement in the Padmanabhaswamy Temple case. The case was pending before the Court since the decision of the Kerala High Court on 31st January 2011, which the Apex court has now overturned. The case dealt with some […]

Categories
Constitutional Law Criminal

The Quality of Mercy and Section 433A: The Haryana Government’s Remission Policy

Ishani Shekhar & Pravah Ranka In a recent happening, a remission policy of the Haryana government mandating premature release of life convicts, came before the Supreme Court in Pyare Lal v. State of Haryana.[i] This policy decision dated 02.08.2019 was passed by the Governor in pursuance of the powers under Article 161 of the Indian […]

Categories
Constitutional Law Securities

SEBI’s ‘WhatsApp Leak Case’ Order: An unusual Precedent?

Abhishek Iyer Introduction Back in 2017, several media reports emerged about the circulation of Unpublished Price Sensitive Information [Hereinafter “UPSI”] of about 12 listed companies in various private WhatsApp group chats. On 29th May, 2020, Securities and Exchange Board of India [Hereinafter “SEBI”] through its Adjudication Order[1] imposed a penalty of Rs. 45 lakh and […]

Categories
Coronavirus Insolvency

Pre-Packs in Indian Insolvency Regime – A Much-Needed Paradigm shift

Vishesh Jain and K.Amoghavarsha Introduction On 5th June 2020, the Government of India promulgated an ordinance for the Insolvency and Bankruptcy Code, 2016 as a closing move to what was a series of steps to protect Corporate Debtors from initiation of insolvency proceedings in these unprecedented times. It has inserted Section 10A which has effectively […]