ArchiveFebruary 2020

Retrospective Termination of Sole Arbitrator: A Move Uncalled For?

[Prince Todi is a III year B.A. LL.B. (Hons.) student at Hidayatullah National Law University, Raipur, Chattisgarh] On 20 January 2020, the Delhi High Court in held that the unilateral appointment of a sole arbitrator by an authority interested in the outcome of the dispute is impermissible. While the same principle has been laid down by the Supreme Court in earlier decisions of Perkins and TRF...

SEBI Portfolio Management Regulations, 2020: Towards an Investor Friendly Regime

[Anukrati Mishra is a final year B.A. LLB (Business Law Hons) student at Institute of Law, Nirma University, Ahmedabad] On 16 January 2020, the Securities and Exchange Board of India (SEBI) undertook the first overhaul of the regulations governing portfolio management services (PMS) in over two decades by issuing the SEBI (Portfolio Managers) Regulations, 2020. The new regulations have been...

Takeover of Unlisted Companies: A New Route

Squeeze out of minority shareholders of companies has been a controversial area. As a co-author and I had discussed, there are a number of methods by which squeeze outs can be effected in Indian companies. By way of a recent set of notification and rule-making efforts, the Ministry of Corporate Affairs (MCA) has just added another method that would be applicable to unlisted companies. Among the...

Budget 2020: What’s there for the Real Estate Sector?

[Akash Kumar Prasad is a fourth-year student at NALSAR University of Law, Hyderabad] The Union Budget 2020-21 was presented on February 1, 2020 by the Finance Minister Nirmala Sitharaman. Amidst sharp decline in the economy, the Union Budget was awaited with great expectations to foster growth in the real estate sector. However, with no major announcement for catalysing the same, the Budget fell...

India’s Insider Trading Regime: How Connected Are You?

[Prateek Bhattacharya is an Assistant Professor and Assistant Dean (Scholarships), Jindal Global Law School, O.P. Jindal Global University.] ‘Insider trading’ refers to the illegal buying or selling of a security in breach of a fiduciary duty or other relationship of trust. Such sale of a share or security is carried out on the basis of material non-public information (the term used in the United...

Whether a Section 11 Application can be Dismissed on the Grounds of Limitation?

[Piyush Rathi is a 4th Year B.A. L.L.B student at NALSAR University of Law] The Supreme Court in Uttarakhand Purv Sainik Kalyan Nigam Limited v Northern Coal Field Limited (27 November 2019) obtained a chance to expand on the jurisprudence relating to the approach of ‘minimal intervention of courts in arbitral process‘ taken by the legislature. The issue faced by the Supreme Court was...

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