[Amar Tandon is a IV year student and Mansi Mishra a III year student at the National Law Institute University, Bhopal] In Rajasthan State Electricity Board v. Dy. Commissioner of Income Tax (decided on 19 March 2020), the Supreme Court set a precedent for expanding the scope of leniency under section 143(1-A) of the Income Tax Act, 1961. In this post, the authors seek to discuss the details of...
Termination of Worker For ‘Loss of Confidence’ Does Not Amount To Retrenchment
[Madhusudan Bose and Nayantara Chauhan are Advocates at PRA Law Offices, Delhi] Indian law grants strong protection to certain types of employees (statutorily referred to as ‘workmen’, but for convenience herein as ‘workers’) against termination of their employment by employers (or ‘retrenchment’). A worker is entitled to retrenchment compensation at the rate of 15 days average pay for every year...
Buyers’ Cartels in Indian Competition Law: Is it Time?
[Adyasha Samal is a student at the Hidayatullah National Law University] On 20 February 2020, the Ministry of Corporate affairs sought public comments on the Competition (Amendment) Bill 2020, which proposes sweeping substantive and procedural changes to the Competition Act 2002 (the “Act”). Among these is the significant inclusion of buyers’ cartels within the definition of cartels in section...
Is the Indian Arbitration Regime suited for The IBA Rules On Evidence? – Part II
[Muskan Arora is a III year B.A. LL.B (Hons.) student at the West Bengal National University of Juridical Sciences, Kolkata] In the first part of this post, I critique the presence of an undefined good faith standard in imposing sanctions upon the parties in the International Bar Association Rules on the Taking of Evidence (‘IBA Rules’) pursuant to article 9(7) and how the same is particularly...
Is the Indian Arbitration Regime Suited for the IBA Rules On Evidence? – Part I
[Muskan Arora is a III year B.A. LL.B (Hons.) student at the West Bengal National University of Juridical Sciences, Kolkata] The 2010 iteration of the International Bar Association Rules on the Taking of Evidence (‘IBA Rules’) institutes a commendable effort at harmonizing standards on the procedure for taking of evidence in the international arbitration regime. After the first set of rules...
National Action Plan on Business and Human rights: A Critique
[Vedangini Bisht is a third year student at National Law University Delhi] In November 2018, at the Business and Human Rights Forum in Geneva, India formally announced that it would come up with a National Action Plan (NAP) on Business and Human Rights. This makes India one of 45 countries to have a NAP on business and human rights or those that are in the process of finalising a NAP. The aim is...
Can Covid-19 be Classified as a Valid Force Majeure Event?
[Anirudh Agrawal and Rishabh Sharma are 4th year BA.LL.B. (Hons.) students at NALSAR University of Law, Hyderabad] Since the widespread reporting of cases of the coronavirus, Covid-19, around the world, several countries have imposed travel bans, citizens have been quarantined and the infected persons have been isolated, all with a view to stop the proliferation of the virus. Amidst such an...
Supreme Court Reopens the Issue of “Venue” versus “Seat”
[Shreesh Chadha is a final year student at Jindal Global Law School, Sonipat] The dichotomy between the “venue or place of arbitration” and “seat of arbitration” has been the subject matter of a plethora of judgements by the Supreme Court. This issue was recently reopened before the Supreme Court, and has resulted in contrary positions of law, warranting serious reconsideration. A full bench of...
The (Active) Involvement of Directors during Insolvency Proceedings
[Kushagra Srivastava is a 3rd year B.A.L.L.B. (Hons.) student at National Law Institute University, Bhopal] Section 17(1)(a) of the Insolvency and Bankruptcy Code, 2016 (the “Code”) vests the management of the affairs of a corporate debtor in the interim resolution professional (“IRP”) on the insolvency commencement date in accordance with section 16 of the Code. This implies the imposition of...
Enforceability of Arbitral Awards in India: “Absence of” Territorial Jurisdiction Creates New Obstacles
[Dhruva Gandhi is an Advocate at the Bombay High Court] Once a claimant has an arbitral award in its favour, a question arises as to which court can enforce the award and help recover its dues. Ordinarily, a court that has jurisdiction over the award-debtor or its assets would be the appropriate forum. In India, though, there are now conflicting judicial decisions on this proposition, only adding...
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