‘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.
April 2024
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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