[Aryan Birewar, Rishabh Guha, and Dhanshitha Ravi are 4th Year BBA LLB (Hons.) students at Symbiosis Law School, Pune] On 27 April 2023, the National Company Law Appellate Tribunal (“NCLAT”) passed an Order (“the Order”) favouring ITC Pvt. Ltd., reversing the penalty that was levied on it by the Competition Commission of India (“CCI”) for not notifying a combination under section 43A of the...
Company’s Interest vs Duty to Protect the Environment – A Director’s Balancing Act
[Abhijnan Jha is a partner and Urvashi Misra is a senior associate at AZB & Partners, New Delhi] In April 2022, António Guterres, United Nations Secretary-General, drew the world’s attention to the alarming findings of the Intergovernmental Panel on Climate Change in its third report. Concerned that major emitters were not taking requisite steps to fulfil their climate pledges, the Secretary...
Rajasthan’s Gig Workers’ Legislation: Paving the Way for Transformation?
[Esha Rathi is a final year B.B.A. LL.B. (Hons.) student at Jindal Global Law School.] Rajasthan has taken the lead as the first Indian state to regulate and support the burgeoning gig economy workforce through a comprehensive legal framework titled “Rajasthan Platform Based Gig Workers (Registration and Welfare) Act, 2023” (Act), the Bill for which was brought before the Rajasthan Legislative...
Supreme Court Holds Maternity Benefits Could Extend Even Beyond Contractual Term
[Lavanya Chawla is an Associate at J-Law Offices, New Delhi.] A three Judge bench of the Supreme Court in Dr. Kavita Yadav v The Secretary, Ministry of Health and Family Welfare Department & Ors (17 August 2023) held that if a woman has worked in an establishment for 80 days, she would be eligible for full maternity benefits, even if such benefits exceed the term of contract. Facts An...
Navigating the Regulatory Landscape: ICAI and CCI at Loggerheads over CPE Program
[Shruti Srivastava is a fourth-year law student from National Law University and Judicial Academy, Assam] Delegated legislation is a vital framework that allows specialized bodies like the Institute of Chartered Accountants of India (ICAI) to regulate their respective professions effectively. As a statutory body, the ICAI derives its regulatory authority from the Chartered Accountants Act 1949...
An Exercise in Smoke and Mirrors: Imposing a “Goods” Tax on Actionable Claims
[Anushka PS is a third-year student pursuing the BA/LLB (Hons.) course from the National Law School of India University, Bangalore] The imposition of tax in the gaming industry is an issue that has long plagued both stakeholders and academics alike. With the Parliament tabling an amendment to the Central Goods and Services Tax Act, 2017 (the ‘CGST Act’) to precipitate the levy of 28% goods and...
Decoding “Ordinary Course of Business” in M&A Transactions
[Rajat Sethi is a Partner and Oorja Chari an Associate at S&R Associates] In common parlance, transactions entered in the “ordinary course of business” include transactions carried out in the day-to-day course of business to further the company’s business, in line with its charter documents. Black’s Law Dictionary defines ordinary course of business as “normal routine in managing trade or...
Mediation Dreams, Legislative Realities: Analysing the Mediation Bill, 2023
[Akarshi Narain and Gayatri Kondapalli are 3rd-year B.A., LL.B. (Hons.) students at NALSAR University of Law, Hyderabad] Mediation, as a mode of alternative dispute resolution, has increasingly been gaining traction in the international sphere. The Singapore Convention on Mediation, adopted in 2018, envisages cross-border enforcement of settlement agreements similar to that of arbitral awards...
Harmonious Dispute Resolution: Unveiling India’s Mediation Bill 2023
[Esha Rathi is a final year B.B.A. LL.B. (Hons.) student at Jindal Global Law School.] In a significant leap towards modernizing the legal framework and expediting the resolution of civil and commercial disputes, the Rajya Sabha recently passed the Mediation Bill 2023. This pioneering legislation marks a crucial shift, elevating mediation as the primary avenue for dispute resolution, prior to...
‘Enabling’ Provisions of PMLA: Casting a Net Too Wide?
[Bhamini Tanwani and Vanshika Manglani are fourth-year B.A. LL.B. (Hons.) students at Hidayatullah National Law University, Raipur] The High Court of Delhi (‘the Court’) in case of PayPal Payments Private Limited v. Financial Intelligence Unit Indiaheld that payment platform PayPal is included in the definition of ‘payment system operator’ under the Prevention of Money Laundering Act, 2002...
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