‘Dura Lex, Sed Lex’ – A Jurisprudential Inquiry of its Inviolability in the Context of the Law of Limitation
In this post, the author explores the exceptions to the maxim ‘dura lex, sed lex’ and makes a case against its inviolability.
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A Constitutional Conundrum: Assessing The Legality Of Electoral Bonds As Money Bills
Introduction In Association of Democratic Reforms v. Union of India, the Supreme Court dealt a significant blow to the Electoral Bond Scheme, declaring it unconstitutional on the grounds of violating the fundamental right to information enshrined in Article 19(1)(a) of the Constitution. However, it notably refrained from delving into the procedural challenge to its enactment-
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Negotiating Break Fees: The Conundrum Surrounding Regulation in India
This piece delves into the intricacies of break-fee clauses in M&A transactions, sparked by the failed Sony-Zee merger. The author, Kaif Anwar, elucidates the concept, global regulations, and impact of break fees, citing examples like Microsoft-LinkedIn and AT&T-T-Mobile. While Australia, the UK, and the US have varying regulations, India lacks explicit legislation, relying on contract law for private transactions and regulatory bodies like RBI and SEBI for public ones. The article advocates for clearer guidelines from authorities like the Ministry of Corporate Affairs and RBI to enhance transparency and ease of doing business in India. It emphasizes the need for a nuanced approach, suggesting a minimum percentage of the total deal value as the quantum of break fee permissible. Ultimately, it calls for regulatory clarity to navigate the complex terrain of break-fee clauses in M&A transactions effectively.
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Pride and Prejudice- Reputation in light of Right to be Forgotten in India
In this post, the author seeks to examine the social outcomes of the lack of proper observance of the Right to be Forgotten. The author also provides a socio-legal analysis through various real-life cases and attempts to provide a solution to the conundrum.
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SHIFTING PARADIGM OF MATERIALITY REGULATIONS: FROM PRESCRIPTIVE TO PRINCIPLE BASED
In this post, the authors attempts to analyse the trend adopted by SEBI as provided in Regulation 30 with respect to disclosure of material event requirements against the backdrop of June 2023 amendments and suggestions proposed in the consultation paper released in December 2023. This piece is aimed at exploringthe meaning of materiality by taking reference from foreign jurisprudence, comparing the approaches adopted by Security Exchange Commission (“SEC”) and SEBI for regulation of disclosure of material information andanalysing the nature of proposed amendment in the consultation paper.
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Telecom Transcendence: Navigating Net Neutrality in the Wake of India’s Telecommunications Act of 2023
In this article, Shiekhar Panwar, an Independent Transactions Lawyer
discusses recent regulatory changes in India’s telecommunications sector, focusing on combating unsolicited communications and promoting Net Neutrality. It outlines the roles of regulatory bodies like the DoT and TRAI, emphasizing the need for transparent and non-discriminatory traffic management practices. The piece underscores the importance of fair access to internet content, advocating for explicit rules against blocking or prioritizing certain traffic and proposing a monitoring committee to oversee Net Neutrality violations.
From Social Contracts to Smart Contracts: Navigating Decentralization, Blockchain, and Kleros Arbitration
In this post, the author addresses how Blockchain operates independently of the internet, necessitating the use of an oracle as a connection point. This oracle serves as a conduit between the blockchain and the real world, conveying information about real-world events. They further discuss how as Blockchain technology underwent a separation from currency and its potential applications were being explored in various financial and interorganizational transactions, Blockchain 2.0 emerged to facilitate transactions beyond currency
A JURISPRUDENTIAL ANALYSIS OF THE PLEA FOR MARRIAGE EQUALITY
Introduction Against the backdrop of the LGBTQ movement, two same-sex couples filed a writ petition (hereinafter ‘Supriyo’) at the Supreme Court seeking legal recognition for same-sex marriages in India, also questioning primarily various provisions of the Special Marriage Act, 1954 (hereinafter ‘SMA’) and the Juvenile Justice Act challenging traditional norms and paving the way for
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Unravelling Venezuela’s Actions and Essequibo Referendum: A Socio-Legal Analysis, Unlawful Threat of Force
In this post, the author delves into the complex territorial dispute between Venezuela and Guyana over the Essequibo region, rich in oil resources.
Despite international rulings and ongoing diplomatic efforts, Venezuela’s recent referendum and subsequent actions demonstrate a clear violation of the prohibition against the threat of force, as outlined in Article 2(4) of the UN Charter. The article underscores the importance of upholding international legal norms to prevent regional destabilization and emphasizes the necessity for peaceful dispute resolution mechanisms.
A Stamp of Approval: Supreme Court Resolves Issues Concerning Validity of Unstamped Arbitration Agreements
In this post, the author presents a comprehensive overview of the Supreme Court’s judgment in Re: Interplay between Arbitration Agreements under the Arbitration And Conciliation Act, 1996 and the Indian Stamp Act, 1899.