[Sikha Bansal is a Partner and Aisha Begum Ansari a Manager at Vinod Kothari & Co] From a surveillance and compliance perspective, the SEBI (Prohibition of Insider Trading) Regulations, 2015 (‘PIT Regulations’) focus on designated persons (DPs). Trading in securities of the listed company by DPs is sought to be “regulated, monitored and reported” by
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SUPREME COURT REITERATES THAT MERE APPREHENSION OF BREACH OF LAW IS NOT SUFFICIENT CAUSE FOR DETAINING ACCUSED
SUPREME COURT REITERATES THAT MERE APPREHENSION OF BREACH OF LAW IS NOT SUFFICIENT CAUSE FOR DETAINING ACCUSED A Division Bench of the Hon’ble Supreme Court of India comprising of Justice Dr Dhananjaya Y Chandrachud and Surya Kant passed a Judgment dated 04-04-2022 in the case of Mallada K Sri Ram v. The State of Telangana
... Continue Reading.EIG (Mauritius) v. McNally Bharat Engineering: Taming the Unruly Horse
[Pratyush Singh and Dhawal M are second year students at NLSIU, Bangalore] An arbitral award can be rejected on grounds of violating the public policy of the country where it has to be enforced under the New York Convention, 1958. However, “public policy” has not been defined by the Convention. This has led to much
... Continue Reading.SUPREME COURT HOLDS THAT SENTENCE CANNOT BE CHANGED DUE TO LENGTHY PENDENCY
SUPREME COURT HOLDS THAT SENTENCE CANNOT BE CHANGED DUE TO LENGTHY PENDENCY In a recent Criminal Appeal, the Supreme Court in – ‘State of Rajasthan vs. Banwari Lal and another ’ (Criminal Appeal No 579 of 2022) vide Judgment dated 08.04.2022, had set aside the Judgement and Order dated 06.05.2015 (Impugned Order) in S.B. Criminal
... Continue Reading.SUPREME COURT HOLDS STATE RESPONSIBLE FOR FORCIBLE DISPOSSESSION AND NON-PAYMENT OF COMPENSATION TO LANDOWNERS
SUPREME COURT HOLDS STATE RESPONSIBLE FOR FORCIBLE DISPOSSESSION AND NON-PAYMENT OF COMPENSATION TO LANDOWNERS In a recent case of SUKH DUTT RATRA & ANR. vs STATE OF HIMACHAL PRADESH & ORS. C.A. No.-002773-002773 / 2022, a Two-Judge Bench of the Supreme Court comprising of Justice S. Ravindra Bhat and Justice PS Narsimha decided on 06.04.2022 that the State
... Continue Reading.SUPREME COURT CONDONES SHORT DELAY IN FILING APPEAL AGAINST ARBITRAL AWARD
SUPREME COURT CONDONES SHORT DELAY IN FILING APPEAL AGAINST ARBITRAL AWARD A Two-Judge Bench of the Supreme Court, comprising of Justice Ajay Rastogi and Justice Sanjiv Khanna, on 30.03.2022, held that a short and condonable delay in filing appeal against an Arbitral Award should not be dismissed without proper and full application of mind with
... Continue Reading.SUPREME COURT REITERATES THAT CONSUMER COURTS ARE EMPOWERED TO DIRECT BUILDERS-IN-DEFAULT TO MAKE REFUND AND COMPENSATION TO HOMEBUYERS
SUPREME COURT REITERATES THAT CONSUMER COURTS ARE EMPOWERED TO DIRECT BUILDERS-IN-DEFAULT TO MAKE REFUND AND COMPENSATION TO HOMEBUYERS Recently, a three Judge Bench of the Supreme Court comprising of Justice Uday Umesh Lalit, Justice S Ravindra Bhat and Justice Pamidighantam Sri Narasimha passed a Judgment dated 07-04-2022 in a matter of Experion Developers Pvt Ltd
... Continue Reading.Asymmetric Substitution vis-a-vis Relevant Market: A Conundrum Unresolved
[Yatin Gaur is a 3rd year B.A. L.L.B (Hons.) student and Priyal Jain a 4th year B.A. L.L.B (Hons.) student, both at Hidayatullah National Law University, Raipur] The concept of ‘relevant market’ is one of the most essential analytical tools employed by the Competition Commission of India (CCI) to analyse competition law concerns. However, defining
... Continue Reading.Supreme Court Reiterates its Limited Jurisdiction to Interfere with Contractual Terms
[Raghav Bhatia is an Advocate practising at the Supreme Court of India] Recently, in Indian Oil Corporation Ltd. v. Shree Ganesh Petroleum Rajgurunagar, the Supreme Court of India (“Supreme Court”) has reiterated that courts and arbitral tribunals have limited jurisdiction when it comes to interfering with the terms of a contract. Background The Indian Oil
... Continue Reading.SUPREME COURT HOLDS THAT A WILL CANNOT BE HELD INVALID ON THE GROUND OF UNFAIR AND INEQUITABLE DISTRIBUTION
SUPREME COURT HOLDS THAT A WILL CANNOT BE HELD INVALID ON THE GROUND OF UNFAIR AND INEQUITABLE DISTRIBUTION A Division Bench of the Supreme Court comprising of Justice Hemant Gupta and Justice V. Ramasubramanian, while deciding the case of Swarnalatha & ors. v. Kalavathy & ors. Civil Appeal No.1565 of 2022, passed a Judgment dated
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