Law Firm Articles
Passenger Train Operations || Indian Railways' Tryst With PPP
"The Project for Private Participation in Passenger Train Operations will bring in a paradigm shift in passenger experience by significantly enhancing the quality of service while reducing transit time and supply-demand deficit through the introduction of modern technology rolling stock. The project will augment the availability of transportation services for the public." - Press Note, 2nd Pre-Bid Conference (August 12, 2020), Ministry of Railways, Government of India
How To Kick-Start Your UPSC Law Optional Preparation
Choosing the right optional subject is one of the crucial factor which determines whether you are in the final list of UPSC rank list or not. Law Optional is not a cup of tea for everyone unless one is really interested in it. But if you are law graduate and if you are choosing a non-law optional subject for UPSC, then your chances of success in the UPSC will decrease. Such a decision is not reasonable after memorizing tons of principles and case law in your graduation. Then, why some...
Keeping Securities Mandatorily In Dematerialised Form – Applicability To Companies
The Ministry of Corporate Affairs (MCA) vide the Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2018 dated September 10, 2018 inserted a new Rule 9A which came into effect from October 02, 2018 onwards. As per the said new Rule 9A, every unlisted public company is required to issue its securities only in dematerialised form and take all necessary actions to facilitate dematerialisation of all its existing securities in accordance with the provisions of the...
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...