Law Firm Articles
Consumer Protection (E-Commerce) Rules, 2020 - A Blessing For Consumers
The Department of Consumer Affairs in the Ministry of Consumer Affairs, Food and Public Distribution issued Consumer Protection (E-commerce) Rules 2020 ("E-commerce Rules 2020"), which came into force on 23 July 2020. These Rules have been a topic of discussion for quite a while. The Government, in 2019, released the draft Consumer Protection (e-Commerce) Guidelines, 2018. These guidelines were to apply only to the Business-to-Consumer E-Commerce entities. Then in November 2019, the...
Whether The Circular Issued By The RBI Dated 27.03.2020 Whereby It Allowed Banks To Grant Moratorium On Payment Of Loan Instalments To Its Customers Is Mandatory, Directory Or Discretionary
Courtesy the present pandemic, financial difficulties are hurting industries across all sections. In order to ease out such a daunting situation, the RBI vide its circular dated 27th March 2020 had allowed banks and financial institutions to grant to its customers a moratorium of three months on payment of all loan installments falling due between March 1st, 2020 and May 31st 2020, which was further extended for another three months. In relation to the said circular dated 27th March 2020,...
Jurisdiction Of Courts In Arbitration Cases Where Place Of Arbitration Not Agreed Upon By Parties
In the recent trend of Judgments by various Courts in India, the autonomy of parties to decide about the seat/place of Arbitration have been upheld and they can even choose a neutral seat which has no connection with the cause of action. In such cases, it has been held that the court of such places would have exclusive jurisdiction over the matter. In the case of Indus Mobile Distribution Private Limited v. Datawind Innovations Private Limited, (2017) 7 SCC 678, the arbitration...
Operational Creditors In Insolvency: A Tale Of Disenfranchisement
The Insolvency and Bankruptcy Code, 2016 (hereinafter "IBC")[1] was hailed as a major reform in the insolvency landscape in India. The IBC was enacted in the context of a mounting 'non-performing assets' crisis and the failure of debt recovery statutes such as the Sick Industrial Companies Act, 1985 and the Recovery of Debts due to Banks and Financial Institutions Act, 1993, which were plagued by inordinate delays that led to the resultant loss of the value of the assets. Accordingly, a...
Analysis Of Current Regulations On Payment Aggregators
The rapid transformation of the Indian economy into a cashless one, particularly with the establishment of e-commerce as a legitimate mode of consumerism, there has been an equally urgent need for innovating and adopting digital payment systems. On one hand, there was a need to bring the required technology into the foray and on the other hand, there needed to be a regulatory framework in place to govern the digital payment providers and systems. At its most nascent stage, the electronic...
Deregistration Of Aircraft Under Indian Law
India's aviation sector has been hit by the Covid-19 pandemic just as the rest of the world and recovery are likely to be slow. Nonetheless, the incorporation of India's declarations under the Cape Town Convention into India's laws is a progressive step to attract financing and growth of Indian airlines. Indian aviation law relating to the operation of aircraft is enshrined in the Aircraft Act, 1934, and the Aircraft Rules, 1937. The civil aviation sector is overseen by the...
Enforcement Of Foreign Awards Granting A Put Option Despite Objections Under The FEMA
A 'put option' is a clause agreed in a contract whereby one party has the right (not an obligation) to sell its shares in a company to another person at an agreed price. Such price need not be an absolute number recorded in the contract and could be in the form of an agreed formula or may be left to determination by an expert (pre-agreed or subject to future agreement) using financial data as of an agreed date. A put option works as a means of exit for investor shareholders. Subject to...
What Are The Consequences Of The LandLord's Refusal/Failure To Take The Possession Offered By The Tenant?
Pandemic COVID -19 has large scale implication on human life and has affected the whole world socially, politically, commercially and economically with unprecedented consequences. Businesses are not even able to operate from their premises or been working with lesser manpower, had allowed their employees to work from home and manage to conduct their work online. That on account of the aforesaid disruption lot of business are unable to pay rent, a number of businesses are also not able to...
Preparing For UPSC With Law Optional Subject - A Definitive Guide (Part - 2)
After I wrote a piece comparing UPSC and judicial service examination, to answer general queries of candidates that I received through email, I decided to write a two-series article, hopefully answering all queries, which the larger student community preparing for civil services with law optional may have. Since the time I wrote part - 1 of this two series article, coronavirus have swept and peaked across Europe. In the next month or so, it is expected to peak in our country. A...
Child As A Consumer – Perspectives From Law And Behaviour
Law serves an important role as a tool for behavioural change in society. As the jurist Hans Kelsen noted, law and social order help bring about important changes in human behaviour[1]. Law also helps to ensure that social life is enabled and made effective. Scholars like Cass Sunstein and Richard Thaler have demonstrated the role of behavioural sciences in disciplines such as economics and law[2]. Thus, law and behaviour are engaged in a cyclical relationship with feedback loops....
Succession Planning
PART - I SUCCESSION PLANNING IN FAMILY BUSINESS AND ITS RELEVANCE: Succession planning is a mechanism by which inheritance of leadership and management in family-owned assets/businesses can be preserved and managed efficiently. Succession planning is important for preserving family wealth planning in advance, the future of family's businesses. Several iconic international multi-national businesses started off as family businesses. Think Ford Motors, Volkswagen,...