[R. Kavipriyan and Pranshu Gupta are 4th year B.A. LL.B. (Hons.) students at NALSAR University of Law, Hyderabad] The Compensation Cess Controversy In the immediate aftermath of the Coronavirus pandemic, the Union Finance Minister announced that the revenue shortfall experienced by the States would not be entirely compensated by the Centre, claiming that the said shortfall is on account of an...
Towards a Proportionate Regulatory Framework for Virtual Currencies
[Anshul Semwal is a 5th year B.A. LL.B. (Hons.) student at the National Law School of India University, Bangalore] On April 6, 2018, the Reserve Bank of India (‘RBI’), a staunch critic of virtual currencies (‘VCs’), issued a circular banning the trade of VCs. The ban was short-lived as, two years later, the Supreme Court quashed the circular on the ground of proportionality in Internet and Mobile...
Data Protection, Privacy and the Law: Is India Ready Yet?
[Ali Waris Rao is an in-house legal counsel at Hindalco Industries Ltd., Aditya Birla Group. The views expressed are personal] The debate surrounding big data, privacy and security in India has gained considerable traction. One may ask how the legal and regulatory framework in India surrounding big data, surveillance, internet of things (IoT – Tech 5.0), cybersecurity and privacy balance...
Can Competition Law Regulate Privacy?
[Jyotsna Vilva is a 5th year B.A. LL.B. (Hons.) student at the National Law School of India University, Bangalore] The question of regulation of privacy and data protection issues through competition law has gained traction in recent years. In the past, while the European Commission has considered privacy to be a parameterof non-price competition, both the European Court of Justice and the...
Madras High Court on Regulating Online Gaming
[Prakshal Jain is a 2018 graduate of National Law School of India University, Bangalore and is working with the dispute resolution practice group of a law firm in Mumbai] The Madurai bench of the Madras High Court in D Siluvai Venance v. State noted that the increasing popularity of online gaming has created an alarming situation in the state of Tamil Nadu, especially among the youth. The Court...
The IBC’s Circle of Interpretation: Univalue Projects Pvt. Ltd. v. The Union of India
[Animesh Bordoloi is an Assistant Lecturer at the Jindal Global Law School and Hitoishi Sarkar is a III year student at the Gujarat National Law University. The authors would like to thank Mr. Rahul Sibal for his comments on the post] On August 18, 2020, a Single Judge of the Calcutta High Court in Univalue Projects Pvt. Ltd. v. The Union of India struck down an order passed by the Registrar of...
The Existential Crisis of a Decree-Holding Homebuyer under IBC
[Mayank Udhwani is a graduate of National Law University, Jodhpur] The decision of the National Company Law Appellate Tribunal (“NCLAT”) in Sushil Ansal v. Ashok Tripathi has become a cause for concern for the homebuyers. In this decision, the NCLAT has held that a homebuyer, who has obtained a decree in its favor from a court of competent jurisdiction, ceases to be a financial creditor. In this...
Balasore Alloys v. Medima: Rethinking Anti-Arbitral Injunctions
[Aarohi Chaudhuri is a second-year B.A. LL.B. (Hons.) student at the National Law School of India University, Bangalore] Anti-arbitration injunctions refer to injunctions granted by civil courts to stay the initiation or continuance of arbitration proceedings. Traditionally, Indian courts have laid down conflicting jurisprudence on civil courts’ powers to intervene in an arbitration by granting...
Call for Submissions: Special Issue of NLS Business Law Review on International Arbitration
[Announcement on behalf of the NLS Business Law Review] The Board of Editors of the National Law School Business Law Review is pleased to invite original and unpublished manuscripts for the Special Issue of the NLS Business Law Review. About the Institution The National Law School of India University is an institution of legal education focusing on legal and policy education in India at the...
SEBI Relaxes Norms for Delisting of a Listed Subsidiary
[Sanjana Arvind Kumar and Divya Rau are final year law students at Jindal Global Law School] The Securities Exchange Board of India (“SEBI”) through, its board meeting, on 29 September 2020, approved an amendment to the SEBI (Delisting of Equity Shares) Regulations, 2009 (“Delisting Regulations”). The amendment aims to simplify the delisting procedure for listed subsidiaries of listed companies...
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