Collective Investment Scheme: Security or Debt?

When we go through the powers conferred to SEBI (‘the Board’) for the regulation of financial and securities market, we observe that the Board has been vested with a vast range of powers, which are too broad even for a cross-sector regulator. This is one of the reasons for the conflict of powers given to the Board and the other authorities under various laws which…

Read More

A Cry For Help: Unheard Voices Of The Interstate Migrant Workers during COVID-19

About a few weeks ago, the prime minister announced the future shape of India’s lockdown. Watching anxiously were millions of India’s migrant workers, some of who managed to make it home with great difficulty but lakhs of others are still stranded across urban India and industrial sites. Beginning from the flock of migrant workers crowding Anand Vihar to Mumbai’s Bandra station protest, the current picture…

Read More

Caveat Emptor and the Development of Consumer Law in India

Neither a buyer nor a seller be – With apologies to William Shakespeare With the passing of the Consumer Protection Act 2019 on 9 August and previously the Consumer Protection Act 1986, we are moving closer and closer to realising the goal of a country in which “ Consumer is King ”. The Consumer Protection Act 2019 has introduced stricter safeguards against Unfair Contracts and…

Read More

Issue of shares in lieu of Intellectual Property Rights vis-à-vis FDI

Shares may be issued against payment for acquiring assets by the company. It would even include an issue of shares made in lieu of acquiring Intellectual Property (IP) Rights. This article attempts to discuss an issue and allotment of shares made by an Indian company to a person outside India against payment for the purchase of IP Rights. Issue of shares for consideration other than…

Read More

National Green Tribunal: Effect of Decisions taken by NGT in 2019

Origin Of National Green Tribunal In United Nations Conference on Environment and Development[1], India vowed to supply judicial and administrative remedies for the victims of the pollutants and other environmental damage.[2] The Government of India within the year 2010 enacted National Green Tribunal (NGT) Act which enabled the creation of a special tribunal which might handle the cases concerning environmental issues. This Act drew its…

Read More

Willful misrepresentation under Section 46 of the Banking Regulation Act 1949

A person who willfully misrepresents facts or omits material facts in the balance sheet or while filing any return or while furnishing any other document, or presents such facts which is known to be false by the concerned person, is liable for imprisonment of up to three years or with fine which may extend to one crore rupees. [1] What is willful came up for…

Read More

Procedure to Issue Non-Bailable Warrant

Types of Warrants Though there is no mention of Bailable and Non-bailable warrants in the code, Warrants are of two kinds, Bailable and Non-bailable. Sec. 71 deals with bailable warrants. As per Sec. 71 (1), any court issuing a warrant for the arrest of any person may it its discretion direct by an endorsement on the warrant that if such person executes a bond with…

Read More

Giving human rights protection to terrorists threatens the national security of India

Somebody has said that Laws are meant to be broken. This expression finds its greatest champions in those people who consider themselves as Laws unto themselves and they are terrorists. Good and evil have existed together as one does not survive without the other but the greatest evil of the contemporary world without corresponding good is terrorism. Our country is no exception. We have witnessed…

Read More

Understanding Third Party Intellectual Property Rights in Fantasy Sports

Coasting from magazine subscription to the realm of dot-coms, fantasy sports platforms are attaining popularity distant from their Atlantic domicile and tied up with them like peas-in-a-pod are questions of Intellectual Property Rights. While partaking in fantasy sports, the user interacts with strategic elements of sports as observed in any real sport but isrestricted to a virtual platform,essentially like a simulation all the whilevying for a favourableoutcome by exacting knowledge, experience, andintuition of the sport in order todraft a team of players for the same, which is further quantifiedand rewarded by way of ‘points’. The player profiles are based on real-world statistics andfigures thus enhancing the experience of the user and thus invoke questions as to infringement ofintellectual property rights as the platforms tend to instill names, images, logo of the team and biographical data.

Read More