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Alternative Remedy for Imported Coal Price Escalation

By Radhika Sankaran

Of all the available sources of power generation like coal, nuclear, hydro, natural gas, and the renewable energy sources like solar, wind etc., coal continues to be the major and cost effective source of power generation in India, contributing to 70% of the country’s power requirements [End Note 1] Coal utilised for the power generation...

Amalgamation – Distinction between an instrument and instrument amounting to conveyance


By Puneeth Ganapathy

In its recent judgment in Chief Controlling Revenue Authority v. Reliance Industries Ltd., Bombay High Court has taken the view that stamp duty is payable on a High Court (‘HC’) order sanctioning a scheme of merger/reconstruction (‘scheme’), as an instrument of ‘conveyance’. The bench of three judges of the...

SEBI’s Bright Line Tests for ‘Control’ - An Analysis

By  Prarthna Baranwal

Background

The idea of corporate control has been subject to a longstanding debate in India and elsewhere. A fluid concept such as ‘control’ is a term of wide connotation and, by its very nature, is not amenable to any precise standard definition of general application. What constitut...

Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 – A Comment

By  Anup Koushik Karavadi

Introduction:

The justice delivery system of our country can be excruciatingly slow. In commercial disputes, time is of the essence and delays can derail the entire remedy and relief and undermines business confidence in Indians as well as those interested in investing in India. ...

Conciliation for settling family disputes

By  Barnik Ghosh

Introduction

Globally, alternative dispute resolution is slowly, but steadily becoming the preferred mode for settling disputes. Many corporates including large business conglomerates are seriously evaluating the merits of  mediation and conciliatory procedures to avoid lengthy, and expensive lit...

Start-up India plan: accelerating start-up movement

By Neeraj Dubey
 
The Start-up India initiative of the Government of India (“GOI”) was announced on January 16, 2016 with the aim to empower start-ups to grow through innovation and design. This initiative strives to build a strong eco-system for nurturing innovation and start-ups so that start-ups drive sustainable econo...

Wishlist 2016 for Real Estate Sector in India

 
By Kritika Krishnamurthy

Agricultural land in the rural areas and real estate in  cities has always been  a stable rock for economies and investors since time immemorial across the world.  Warren Buffet in his annual  letter to shareholders about investing in real estate in 2014 said  “Whatever ...

Resolving disputes the ‘Ordinance’ way

By Barnik Ghosh

Introduction

The Arbitration and Conciliation Act of 1996 (‘the 1996 Act’)  was an improvement on the Arbitration Act 1940 but did not manage to put an end to the long & dreary litigation tunnels for the disputing parties with a little help from the highest court of our land. I...

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.

Constitutional validity

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

Introduction

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.
I...

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