Arbitration Ordinance, 2015 – ‘Public Policy’ defined
By Anup Koushik Karavadi
In order to facilitate the ease of doing business, the Government of India (‘Government’), intends to overhaul the regulations governing business by abolishing many outdated laws and making extensive changes to the existing ones to allow companies to concentrate on their business and profits. The Government has ...
Environment Laws (Amendment) Bill, 2015: A Sisyphean Challenge
By Dr. Smita Bhatia
The Draft Environment Laws (Amendment) Bill, 2015 was published by the Ministry of Environment, Forest and Climate Change (MoEFCC) on October 7, 2015. The objectives of the Draft Bill are to provide for “effective deterrent penal provisions” and to introduce “the concept of monetary penalty for violations and contrav...
Legitimacy of levy of seigniorage fee on consumers
By Anup Koushik Karavadi
This article deals with the validity of the levy of seigniorage fee on the consumer/user and the ambiguity in the calculation of the same.
Under Entry 54 of List I of Schedule VII of the Constitution of India, the Union is empowered to legislate on ma...
Skill versus chance - A saga of online gaming
By Sreya Bhar
The current trend of selecting national or international players/athletes based on their performance/skill/fitness and creating one’s own virtual team to compete on a virtual platform is not a novel concept. In fact, this indulgence dates back to the post World War II era.
Plastics – To ban or not to ban, is the question!
By Dr. Smita Bhatia
Plastic packaging is big business. The India Brand Equity Foundation (IBEF) estimated the Indian packaging industry to be at about US$28 billion in 2014, with roughly half the market share belonging to plastic packaging [see end note 1]. Polyethylene and Polyethylene terephthalate (PET) account for nearly 70% of the polymers used in f...
Letter and Spirit of the Law
By Vijaya Sampath
The universal complaint against lawyers is that they have five different and contradictory interpretations of the same sentence, each fully justified. Some of our laws are centuries old and the language is so archaic that the original intent of the then legislature is obfuscated by time and technology advances. But the same can al...
Engaging Contract Labour: The prerequisites and the pitfalls
By Neeraj Dubey
Companies engage contract labour to keep the head count low and for the scalability and flexibility it provides in management of workforce. Though employment of contract labour in India has attracted debates, it has become a significant and growing form of employment, engaged in ...
Resale price maintenance in e-commerce – CCI initiates investigation
The CCI has in 2014 initiated two investigations into the alleged imposition of minimum resale price maintenance (RPM). The first one was against Hyundai Motor India Ltd (‘Hyundai Case’) and I had written on the legal standard adopted by the Competition Commission of India to initiate investigations in the said case. Subsequently, the CCI directed the Director General (DG) to invest...
Tackling Joint Ventures – Issues and Challenges
By Ronak Ajmera
The business rationale for a joint venture (JV) ranges from pure play financing of business operations to longer strategic partnerships for sharing of technical/business knowhow. To a large extent, the issues which need to be resolved between potential JV partners depend on the deal commercials and nature of the proposed ...
CCI fines parties for gun jumping
By Abir Roy
The Competition Act, 2002 (“Act”) read with the attendant Combination Regulations provide for a mandatory notification of the transaction to the Competition Commission of India (“CCI”) provided that threshold limits provided under the Act are met (“combination&rdquo...
An economic perspective on environmental jurisprudence in India
By Smita Bhatia
Over the past few decades, the Supreme Court of India has taken environmental degradation very seriously. The Supreme Court has proactively incorporated advanced legal principles such as polluter pays, precautionary principles, absolute liability and public trust-doctrine to revive India’s environmental laws. The environmental juris...
How to train your dragon – Discretion in SEBI’s penalty orders
By Uma Lohray
This article seeks to question the penal powers of the Securities and Exchange Board of India (SEBI), regulator of the Indian securities market. SEBI has been vested with powers to impose heavy penalties on companies indulging in activities that hamper investor interests and securities market. Despite that it enjoys t...
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