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Articles by Aayush Akar
Journey of a Legal Stalwart: Govind Upadhayay, Senior Advocate, Rajasthan High Court interviewed by Aayush Akar
Name of Legal Stalwart: Mr. Govind Upadhayay Office Address: 43-A Vishnu Garden Colony, Tonk Road, Jaipur Contact No: 9649795618 Bar Council Number: R/3384/2004 Areas of practice: He mainly practices in the matter related to Civil Law, Criminal Law Family Law, and Negotiable Instrument Law. The interviewer, Aayush Akar is a 2nd-year student pursuing BA.LLB (Hons.) from National Law University, Odisha. He is currently interning with LatestLaws.com. Q1.
Unravelling Section 53 of IBC: Judicial Insights and Implications Original
In the recent ruling of Sanjay Kumar Agarwal vs. State Tax Office (‘Sanjay’), the Supreme Court (‘Court’) has upheld the previous judgment of State Tax Officer (1) vs. Rainbow Papers Limited (‘Rainbow’).
Wings of Change: India’s Revolutionary Aviation Insolvency Notification
India took a crucial step towards aligning its aviation industry with global norms on October 3, 2023. The Ministry of Corporate Affairs (“MCA”) issued a Notification exempting aircraft, aircraft engines, airframes, and helicopters from the restrictions imposed by Section 14(1) of the Insolvency and Bankruptcy Code (“IBC”), citing the “Cape Town Convention on International Interests in Mobile Equipment and its Protocol on Matters Specific to Aircraft Equipment” (“Convention”) (“Notification”).
Empowering Change: Unraveling the Impact and Navigating Challenges of Women Directors in Corporate Governance Original
Empowering Change: Unraveling the Impact and Navigating Challenges of Women Directors in Corporate Governance Within the tapestry of the Indian constitution’s commitment to equality and its resolute stance against societal inequalities, a spotlight is cast on addressing gender disparities.
Foreign Jurisdiction Clauses in Indian Contracts: A Legal Perspective Original
Navigating Commercial Contracts: Foreign Jurisdiction Clauses through the Indian Legal Lens The recent boom in global trade and the proliferation of international transactions need the inclusion of agreements with meticulously constructed dispute-resolution clauses. This reduces the complications of seeking legal redress in an inconvenient or lengthy venue. As a strategic reaction, the inclusion of a “foreign jurisdiction clause” in international business contracts has been the norm.
Streamlining Commercial Disputes: Summary Judgment Provisions in India
Streamlining Commercial Disputes: Unpacking Summary Judgment Provisions under the Commercial Courts Act of 2015 in India The Commercial Courts Act of 2015 aimed to streamline commercial litigation procedures in India as part of the Ease of Doing Business initiative. These changes were recommended by the Law Commission of India to align Indian commercial litigation with international standards.
Direct Overseas Listing for Indian Companies: Opportunities & Challenges Original
Direct Overseas Listing for Indian Companies: Navigating Opportunities & Challenges The Ministry of Corporate Affairs (“MCA”) has released a notification to allow Indian firms to list on overseas markets, subject to certain criteria. MCA has now departed from the present practice of employing American Depository Receipts (“ADRs”) and Global Depository Receipts (“GDRs”) for international listings.
Empowering Environmental Sustainability: India’s Pioneering Carbon Credit Trading Scheme 2023
Empowering Environmental Sustainability: India’s Pioneering Carbon Credit Trading Scheme 2023 The Union Government of India has taken a significant step towards environmental sustainability by approving the establishment of the nation’s inaugural regulated carbon market. This milestone initiative, known as the ‘Carbon Credit Trading Scheme, 2023,’ was introduced under the Energy Conservation Act.
Corporate Responsibilities: From Environmental Impact to Legal Accountability
In April 2022, UN Secretary-General António Guterres urged major emitters to take more decisive action in meeting climate pledges, warning of dire consequences without global energy policy revisions. While governments lead in environmental regulation, large corporations hold significant sway in reducing reliance on carbon fuels. This dynamic places scrutiny on boards of directors, particularly in sectors like energy, minerals, and mining.
Equitable Application of Liquidated Damages Clauses: Lessons from DDA vs. Kailash Nath
Equitable Application of Liquidated Damages Clauses: Lessons from Delhi Development Authority vs. Kailash Nath Contract law plays a pivotal role in regulating the relationships between parties involved in various transactions, ensuring that agreements are honoured and obligations are fulfilled. One crucial aspect of contract law is the provision for stipulated sums payable in case of a breach of contract. Section 74 (“S.
Deciphering The Conundrum of Specific Relief and Compensation: Analyzing Specific Relief & Implications of Breach Through the Legal Lens
Deciphering The Conundrum of Specific Relief and Compensation: Analyzing Specific Relief & Implications of Breach Through the Legal Lens In the intricate landscape of contract law, the distinction between specific performance and liquidated damages stands as a crucial pillar upon which the balance of interests between contracting parties is delicately placed.
Equitable Application of Penal Charges: Ensuring Fair Lending Practices
In a groundbreaking step based on supervisory assessments, the Reserve Bank of India (‘RBI’) has rolled out new guidelines, as of August 18, 2023, under a notification titled “Fair Lending Practice – Penal Charges in Loan Accounts” (‘Notification’). These guidelines came after the draft notification in April 2023 released by RBI aimed at developing clear and equitable practises for the implementation of punitive charges (‘Draft Notification’).
Patents Act vs. Competition Act: Landmark Decision Reshapes Legal Landscape
In a prolonged legal debate spanning nearly a decade, the central issue has revolved around which law takes precedence in conflicts between the Competition Act and the Patents Act. Justice Vibhu Bakhru of the Delhi High Court, in two significant disputes in 2016 (Ericsson v. CCI) and 2020 (Monsanto v. CCI), ruled in favour of the Competition Commission of India (CCI), allowing its intervention in patent licensing disputes under Sections 3 and 4 of the Competition Act.
Navigating the Disintegration of Sums in Disputes: Resolving Arbitration Fee Disputes
In today’s interconnected world, characterised by fast changes in commercial dynamics, corporate entities have grown up as powerful drivers of economic advancement. New perspectives, conflicts, issues, and legal procedures have evolved within this changing societal framework, where interconnectedness and complicated utility alternatives abound. Arbitration is one such process that has gained recognition as an efficient form of alternative conflict settlement.
Streamlining Fast-Track Mergers: The Impact of 2023 Amendment in India
| Company Law - Articles | Corporate restructuring and mergers and acquisitions are vital components of the global business environment, with the option between private and statutory structures acting as a pillar in deal-making strategies. While private agreements have their advantages, statutory arrangements have clear advantages that should not be neglected. Nonetheless, while deciding the best method, thorough consideration of business, legal, and tax factors must be taken into account.
Employees Provident Fund & Apex Court’s Landmark Decision
Unravelling the Complexity: Conundrum of Treatment of Employees Provident Fund and Apex Court’s Pathbreaking Decision The Apex Court has shed light on the intriguing legal enigma involving the treatment of Employees’ Provident Fund, Pension Fund, and Gratuity Fund (‘EPF’) under the Insolvency and Bankruptcy Code, 2016 (‘Code’), in a landmark case, State Bank of India v. Moser Baer Karamchari Union.
Vicarious Liability of Directors in Dishonour of Cheques: A Conspectus of Contemporary Judicial Rulings
Cheques are issued and handled when they bounce and have undergone significant changes throughout the years. The usage of cheques increased along with the brisk expansion of trade and commerce, and so did the number of conflicts involving cheque bouncing. Sections 138-142 of the Negotiable Instruments Act, of 1881 (“NI Act”) are designed to increase banking efficiency and protect the validity of commercial transactions involving cheques.
INDIA’S PROSPECTS IN THIRD-PARTY FUNDING IN ARBITRATION: ENCAPSULATION OF CROSS-JURISDICTIONAL APPROACH AND ROAD AHEAD
Callous, careless, and casual approach”, are the observations of the apex court against executive while pronouncing a historic judgment on one of the cases involving coal blocks allocation. The Three judges Bench of the Supreme court headed by Chief Justice of India (CJI) Justice NV Ramana imposed a Rs. 1 lakh fine on the central government for unlawfully levying penalties on BLA Industries Private Limited after wrongly including the company in the list of illegal allottees.
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