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Abhishek Iyer Introduction Back in 2017, several media reports emerged about the circulation of Unpublished Price Sensitive Information [Hereinafter “UPSI”] of about 12 listed companies in various private WhatsApp group chats.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 […]

Categories
International Law

Revisiting Internet Shutdowns and the Right to Freedom of Expression

Rashi Rawat and Himanshu Kumar Introduction In January 2020,  the Supreme Court in Anuradha Bhasin took an unprecedented stand on the rampant internet shutdowns in India. According to the Court, it was a situation in which Liberty and Security were at loggerheads and it was of great significance that this pendulum should not swing to […]

Categories
Editorial

Bostock v. Clayton County: An Uphill Battle for LGBT Rights in the United States

Ashna D. Senior Editor – NLJ Board A Win for LGBT Rights at the Workplace Since 2019, efforts have been underway in the United States to pass the Equality Act, which would extend much needed federal law protections under the 1964 Civil Rights Act to the LGBT community. The Bill, now pending consideration by a […]

Categories
Constitutional Law

Parlous State of The Speaker Under Anti-Defection Law: The Manipur Legislative Assembly Crisis

Subiyah Hafeez Siddiqui and Arifa Hafeez Siddiqui Introduction: The Manipur Legislative Assembly recently witnessed what has become a norm in Indian politics: abuse of power, complete disregard of electoral mandate and violation of the constitutional process. The Speaker of the Assembly, Yumnam Khemchand Singh failed to attend to the application moved to disqualify eight members […]

Categories
Insolvency

Independence of Resolution Professional: Confounding the Aspect of Bias Under the Code Through SBI V. Metenere Ltd.

Saumya Agarwal and Sakshi Ajmera The National Company Law Appellate Tribunal (NCLAT) on 22 May 2020, in the case of State Bank of India v. M/s. Metenere Limited  adjudicated upon the issue of independence of an interim resolution professional (IRP)/ resolution professional (IRP) during a corporate insolvency resolution process (CIRP). Though in the instant case, […]