Amalgamation of an Indian company with its foreign subsidiary company: Corporate Restructuring Method.

This article primarily deals about the procedure and steps to be looked upon while amalgamating an Indian company with its foreign subsidy as per the Indian laws. By amalgamation we mean that, the newly amalgamated company is constituted in India. Thus a company needs to understand the implications under company law, taxing statutes and other relevant provisions under foreign exchange law to undergo this method of corporate restructuring .

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Look out Circulars – A mechanism which prevents high-profile Individuals from absconding the Country

Look out Circulars (LOC) have been on a rising against high profile individuals like Chanda Kochhar, Vijay Mallya, Naresh Goyal, P. Chidambaram and many more in the past couple of years mainly due to the apprehension of such individuals leaving the country after allegedly committing an offence. Look out circulars are issued by the Government to prevent and monitor the entry or exit of persons…

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Extradition in India Used as a Mechanism to Get Offenders to Justice

“The Extradition Act is a special branch of the law of criminal procedure. It deals with criminals and those accused or convicts of certain crimes with an intention to bring them to the system of criminal justice”.[1]The Indian Extradition Act, 1962 (The Act of 1962) prescribes India’s legislative basis for extradition. It provides the law relating to the extradition of criminals from India to foreign…

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A New Light in Structure of the Dispute Resolution Machinery, ‘Dispute Resolution Committee’

With an arising need, a ‘demand’ is paved. Consequently, to a demand, comes a development. The development, in this case answers the calls of multiple developers who required a platform to be constructed to answer their demands as well as their issues be picked and resolved through a government machinery. The newly structured mechanism, termed as ‘Dispute Resolution Mechanism’ (“D.R.M”) was discussed at length in June and notified through an orders in September, 2019 by Ministry of New and Renewable Energy (“MNRE”) The need arose from the power distribution companies facing massive losses arising out of high tariffs being charged by the solar/wind developers. This was supplemented by a prominent need to strike and bring upon an adjudicating body to resolve issues between the parties, including, the various developers and the Solar Energy Corporation of India (SECI) and National Thermal Power Corporation (NTPC). The Framework elaborates on how the authorities are bound to proceed and enunciates a hierarchy to be followed in the line of adjudication.

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Meaning of Seat of Arbitration under Arbitration and Conciliation Act

This article focuses on distinguishing between the ‘seat’ of arbitration and the ‘venue’ of arbitration through judicial precedents. It also comments on the legality and validity of two Indian parties electing a foreign seat of arbitration. Furthermore, the 2015 Amendment in the Arbitration and Conciliation Act, 1996 with respect to interim relief is elaborated.

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Claiming Protection against the possible horrors of Civil Aviation

The Article uncovers the various horrors that an entity faces in its interaction with the civil aviation paradigm, as known to common man as a ‘flight’. From the very first step the ‘consumer’ bound to a long list of negative outcomes as possibility, which require being probed into. My article talks about and deals with how this machinery works, and the system regulating such possibilities. The Article includes the new Anti-Hijack act as well as the operators of the paradigm.

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Analysis of The Decriminalized Section 377 Of the Indian Penal Code in Navtej Singh Johar Case

Introduction Section 377 of the Indian Penal Code imposes criminal liability on anyone who “voluntarily has carnal intercourse against the order of nature”. When the said Section was questioned before the Supreme Court of India with ‘consent’ as the crux of the arguments, the Court decided to de-criminalise certain acts as described in the following analysis and the same has been hailed as a landmark…

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In Need of More Humans on Road: The Good Samaritan Law

In 2015, there were about 5 lakh road accidents in India, which killed about 1.5 lakh people and injured about five lakh people. India, as a signatory to the Brasilia Declaration,[1] intends to reduce accidents and traffic facilities by 50% by 2020.[2] The statistics provided as per the Ministry of Road, Transport & Highways, 2017 shows that the overall road accidents in 2017 accounted for…

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Up to What Extent Police Can Use Violence Against Citizens During Protests

Recent events have brought to the light the violence used by police against students protesting against Citizenship Amendment Act 2019. Some justify the use of force by the police on the grounds that it was necessary to stop the students from stone-pelting while the others are against the use of force by the police. Many Bollywood actors have come out in support of protesters and…

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The Doctrine of Unconstitutional Constitutional Amendments and its Relevance in Asian Legal Systems

Asia has had very few constitutions with Asian public participation. Other continents have more public participation.[1] However, in Asia you don’t see one form of legitimacy, there are a lot of different forms of political and legal legitimacy with different powers conferred to the judges in different nations. A Constitution which is imbued with political as well as legal legitimacy will most likely endure.[2] The…

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