Articles
Market Value, Can The Collector Look Beyond The 3 Parameters Provided In Clauses (a), (b) And (c) Of Section 26(1) Of The 2013 Land Acquisition Act?
Section 26(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is as below: ‘(1) The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:— (a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or (b) the average...
Restrictive Clauses V. Law Of Limitation: Can The Right To Arbitration Be Restricted To A Lesser Period Than Provided Under The Limitation Act?
It is not uncommon for arbitration practitioners to come across agreements, the provisions of which are lop-sided and designed to favour the dominant party or the employer. These clauses are almost non-negotiated and one party is often made to sign on the dotted lines. These may inter alia include clauses like the requirement of mandatory pre-arbitration deposit,[1] unilateral option clauses,[2] unilateral appointment clauses,[3] clauses restricting the right to nominate an arbitrator from a...
Improving The Functioning Of The National Company Law Tribunal – A Perspective
The National Company Law Tribunal (NCLT), established on 01 June 2016 under the Companies Act, 2013, is a premier tribunal in the commercial and economic field. Its primary litigants are financial sector entities and bodies corporate. The enactment of the Insolvency & Bankruptcy Code, 2016 (IBC) is often cited as one of the main drivers for India’s quantum jump from rank 142 in 2014 to 62 in 2019 in the Ease of Doing Business Rankings, the most recent year for which data is...
Adani-Hindenburg : Did The Supreme Court Panel Ask The Right Questions?
To get the right answers, one needs to ask the right questions.The expert committee constituted by the Supreme Court in the Adani-Hindenburg case has made a prima facie finding that there is no regulatory failure on the part of the Securities and Exchange Board of India (SEBI) in relation to the Adani group of companies. However, a reading of the 173-page report leaves an impression that the committee has omitted to ask certain right questions. At some places, it seems that the committee has...
Data Protection Standards For Cross Border Data Transfers In India: Suggestive Approaches And Way Forward
Global data flows have substantially risen in recent years, along with trade in digital services across borders. As per the Report published by the World Bank, in 2020, global internet traffic was estimated to be approximately three zettabytes which counts to one GB per day per person. This volume is expected to double fold itself in the coming years. Such a huge amount of data flow is pushing the growth of International trade. Cross-border data flows facilitate trade in goods, enhancing...
Kiren Rijiju : Law Minister Who Crossed The Line Too Far With Rhetoric Against Judiciary
Kiren Rijiju spent nearly two years as union law minister, of which almost six contentious months was spent at loggerheads with the judiciary over a number of issues – ranging from the selection of judges to the problem of pendency. In this time, he has been a tireless advocate for enlarging the role of the executive in judicial appointments, becoming somewhat of a messiah to opponents of the existing collegium system. Rijiju, a law graduate from Delhi University’s Faculty of Law and...
“Delhi High Courts Direction On Reviewing The Government Policy On The Patentability Of Business Method Patents.”
The issue of patentability of business method patents is complex and multifaceted, and it varies between jurisdictions. Recently, the office of the Controller of Patents and Designs refused the application for grant of a business method patent titled ‘System and method to provide gift media’ under Section 15 of the Patents Act, filed by US-based company OpenTV Inc. In response to its refusal, the company filed an appeal before the Delhi High Court. The Court said that there is a need to...
Justice MR Shah : A PM Modi Admirer, Known For Pro-Executive Stance In Civil Liberty Issues
Justice Shah has on certain occasions shown the propensity to stretch law and logic to reach what appears to be prejudged conclusions, which, incidentally or accidentally, turned out to be in favour of the executive.
Rule Of Repugnancy And Appointment Of Arbitrator Under The Indian Arbitration Regime
Recently, the Delhi High Court, in Sunil Kumar Chandra v Spire Techpark Pvt. Ltd. (“Spire Techpark”), has held that in case where there is an inconsistency between two clauses in an agreement, the latter clause is to be rejected as being repugnant and that the earlier clause prevails. Against the decision of the Delhi High Court, a Special Leave Petition was preferred, and the same was dismissed in limine by the Supreme Court vide orderdated 10.04.2023. While the dispute between the...
Proposed Regulatory Framework To Curb The Problem Of Delays In CIRP
The Insolvency and Bankruptcy Code, 2016 (“IBC/Code”) came into force on 28th May 2016, with the objective to “consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of such persons.” The Code also provides for the establishment of the Insolvency and Bankruptcy Board of India (“IBBI”). The IBBI has been entrusted with the “power to promote the...
The Bias Of An Arbitrator: Is The Remedy Under Section 14 Foreclosed?
Independence and impartiality of the arbitrator are the most important requirement of arbitration proceedings.[1] Fairness in the adjudication and rule against bias form part of the basic notions of justice and morality. Natural justice demands the adjudication of a dispute in an impartial way and the same squarely applies to arbitration proceedings also. Therefore, the importance of an independent and impartial arbitral tribunal cannot be gainsaid. Section 12, 13 and 14 of the...