[The following guest post is contributed by Pulkit Sharma, Advocate, Bombay High Court] The Supreme Court has in the case of State of W.B. v Associated Contractors ((2015) 1 SCC 32) considered the applicability of Section 42 of the Arbitration and Conciliation Act, 1996 (“Act”) to applications not made before a “court” as defined under Section 2(1)(e) of the Act and has laid down the law in this...
NLUJ Law Review: Call for Submissions
[The following announcement is posted on behalf of the NLUJ Law Review] The NLUJ Law Review invites original and previously unpublished manuscripts for Volume 3, Issue 2 from academicians, practitioners and students. The remit of the Review is designed to include both short and long works to provide an opportunity for the members of the legal fraternity to keep abreast of new ideas and the...
Improving the Regulatory Framework Governing Masala Bonds
[The following post is contributed by Dhanush. M, a 5th year student at the Jindal Global Law School] “Masala bonds” refers to rupee denominated bonds issued in offshore capital markets which would be offered and settled in US dollars to raise Indian rupees from international investors for infrastructure financing in India. Masala bonds could prove to be a viable source of corporate finance as...
Start-up India: Should foreign listing of start-ups be facilitated?
[This guest post is by Pratik Datta and Mehtab Hans, who are Consultants at the National Institute of Public Finance and Policy (NIPFP), New Delhi. They can be reached at [email protected] and [email protected] respectively.] Last week, the SEBI (Issue of Capital and Disclosure Requirements) (Fourth Amendment) Regulations, 2015 were issued to facilitate listing of start-ups on institutional...
National Securities Law Moot Court Competition 2015: 25 -27 September 2015
[The following announcement is posted on behalf of NUALS, Kochi] The Centre for Law and Development, the National University of Advanced Legal Studies, Kochi, Kerala invites participation for the National Securities Law Moot Court Competition 2015 to be organized between September 25-27, 2015 at the NUALS Campus, Kalamassery, Kochi, Kerala. The Competition is open for students who are pursuing...
Dividend Waiver by Shareholders
[The following guest post is contributed by Pavit Singh Kochar, a legal associate (corporate) with KNM & Partners Law Offices, New Delhi] The term “dividend” has been defined under section 2(35) of the Companies Act, 2013 (“Act”), and it includes interim dividend. Dividend is a return on the investment of shareholders in companies payable for a financial year after the...
Call for Submissions – National Law School of India Review, Vol. 28(1)
[The following announcement is posted on behalf of the National Law School of India Review] The National Law School of India Review (NLSIR) is now accepting submissions for its upcoming issue- Volume 28(1). The most recent issue of the NLSIR, Vol. 27(1), will feature contributions by Dr. Catherine Seville, Reader, Newnham College, University of Cambridge, Dr. Wayne Courtney...
Stamp Duty on Mortgages in Syndicated Lending Transactions
Background Syndicated loans are quite common in lending transactions. In large loans, a single bank may not be in a position to provide the loan by itself. Hence, the loan is syndicated such that “two or more banks agree to make loans to a borrower on common terms governed by a single agreement between all parties.”[1] Similarly, a common security trustee is appointed to receive and hold the...
Need For a Real Estate Regulatory Authority in India
[The following guest post is contributed by Ranjit Mahishi, who is an Associate at Kochhar & Co., Bangalore. He can be reached at [email protected]] Real estate in India has experienced a tremendous growth in the recent years. The demand for commercial and residential spaces in major cities has seen a steady rise. Generally, a real estate transaction involves complex issues such...
Changes in the Fraud Reporting Mechanism Under the Companies (Amendment) Act, 2015
[The following guest post is contributed by Suprotik Das, a 4th year law student at the Jindal Global Law School, Sonepat, Haryana.] The Companies (Amendment) Act, 2015 is a harbinger of positive trends in the ease of doing business for Indian companies. This post is specifically with regard to Section 143 of the Companies Act, 2013 concerning the power and duties of auditors and its...
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