Articles

Shareholders’ Deadlock: Buy-Out as a Way Out

Reference Date | Version December 09, 2024 | 1.0 Keywords Buy-out, Deadlock, NCLT, Oppression, Mismanagement Legislation(s)/Policies  Companies Act, 2013 Jurisdiction India Guidance from experienced corporate and commercial lawyers from the start of a business relationship can prove beneficial in more ways than one. Effective documentation is helpful because it sets the ground rules of the […]

Embracing a Holistic Perspective to Environmental Conservation

Reference Date | Version October 30, 2024 | 1.0 Keywords Fundamental Right, Responsible Consumption, Sustainable Development Goals (SDGs), Sustainability, Right to Clean Environment, UNFCCC, Climate Change. Legislation(s)/Policies  (i) United Nations Agenda 2030 for Sustainable Development 2015(ii) United Nations Framework Convention on Climate Change (iii) National Solar Mission  Jurisdiction Republic of India When planning projects including […]

Nature of Concessions – Stamp Duty implications

Reference Date | Version October 24, 2024 | 1.0 Keywords Stamp duty, Tolls, Lease, Concession Agreement, BOT  Legislation(s)/Policies  (i) Transfer of Property Act, 1882(ii) The Indian Stamp Act, 1899(iii) General Clauses Act, 1897 (iv) The Constitution of India Jurisdiction India Concessions require proper structuring, keeping in mind various aspects, including stamp duty. Expert advice from […]

Captive Pipelines: At Regulatory Crossroads?

Reference Date | Version October 16, 2024 | 1.0 Keywords PNGRB, captive pipelines, authorization, dedicated pipeline, common carrier, contract carrier Legislation(s)/Policies  Petroleum and Natural Gas Regulatory Board Act, 2006 Guidelines for Laying Petroleum Products Pipelines Petroleum Pipelines (Acquisition of Right of User in Land) Act, 1962  Petroleum and Natural Gas Regulatory Board (Authorizing Entities to […]

Regulatory Landscape for Small Modular Reactors in India

Reference Date | Version October 10, 2024 | 1.0 Keywords Nuclear energy, Small Modular Reactors (SMRs), Regulatory challenges, Licensing harmonization, SMR technology Legislation(s)/Policies  The Atomic Energy Act, 1962 Foreign Exchange Management (Non-debt Instruments) Rules, 2019 Jurisdiction India India needs consistent and low-cost renewable energy to decrease the cost of production of nuclear energy. Expert guidance […]

Complexities of Significant Beneficial Ownership and Corporate Control

Reference Date | Version September 07, 2024 | 1.0 Keywords Beneficial ownership, significant beneficial ownership, directors, subjective test, objective test Legislation(s)/Policies  Companies Act, 2013 Companies (Significant Beneficial Owners) Rules, 2018  Companies (Management & Administration) Rules,2014 Companies (Adjudication of Penalties) Rules, 2014 Jurisdiction India The implication of contractual arrangements concerning management and control of a company […]

The Role of Technology in Building a Sustainable World

Reference Date | Version May 05, 2023| 1.0 Keywords Technology, sustainability, transportation, agriculture, green technology Jurisdiction India The use of technology in generating energy through solar power, wind power, nuclear energy and other renewable energy sources are the way ahead for the future. The relationship between technology, infrastructure and energy is multidimensional. Expert guidance from […]

GHG Emission Intensity Trajectory and Targets: Compliance Mechanism

For a better and more comprehensive understanding of the Compliance Mechanism discussed in this write-up, readers are strongly recommended to refer to our previous article on the Carbon Credits Trading Scheme, 2023. Adherence to the provisions of the Carbon Credits Trading Scheme, 2023, and compliance with them require expert legal assistance.  Introduction The Indian Carbon […]

International Solar Alliance – Paving Way for Sharing World Resources Launch of ISA

Legislations are intended to address issues involving specific subject matter. A right granted under one legislation may be affected by the provisions of another legislation. A logical question that follows is – which provision would prevail? The obvious answer is that the legislation dealing with the specific subject matter should prevail over general legislation.

Context of Automation

Legislations are intended to address issues involving specific subject matter. A right granted under one legislation may be affected by the provisions of another legislation. A logical question that follows is – which provision would prevail? The obvious answer is that the legislation dealing with the specific subject matter should prevail over general legislation.

Growth of Solar Power in India

Legislations are intended to address issues involving specific subject matter. A right granted under one legislation may be affected by the provisions of another legislation. A logical question that follows is – which provision would prevail? The obvious answer is that the legislation dealing with the specific subject matter should prevail over general legislation.

Green Credit Rules: The New Gold Rush?

Legislations are intended to address issues involving specific subject matter. A right granted under one legislation may be affected by the provisions of another legislation. A logical question that follows is – which provision would prevail? The obvious answer is that the legislation dealing with the specific subject matter should prevail over general legislation.

Climate Action – India’s Long-Term Low-Carbon Development Strategy

Legislations are intended to address issues involving specific subject matter. A right granted under one legislation may be affected by the provisions of another legislation. A logical question that follows is – which provision would prevail? The obvious answer is that the legislation dealing with the specific subject matter should prevail over general legislation.

Rules of Statutory Interpretation and the Airport Economic Regulatory Authority

Legislations are intended to address issues involving specific subject matter. A right granted under one legislation may be affected by the provisions of another legislation. A logical question that follows is – which provision would prevail? The obvious answer is that the legislation dealing with the specific subject matter should prevail over general legislation.

Cox and Kings Ltd v. SAP India Pvt. Ltd. & Anr: Need to Amend Arbitration Agreements?

Legislations are intended to address issues involving specific subject matter. A right granted under one legislation may be affected by the provisions of another legislation. A logical question that follows is – which provision would prevail? The obvious answer is that the legislation dealing with the specific subject matter should prevail over general legislation.

Providing Personal Data: An Overview under Digital Personal Data Protection Act, 2023

The Parliament of India passed The Digital Personal Data Protection Act, 2023 (‘Act’)  on August 11, 2023. The Act recognises the right of individuals to protect their personal data and the need to process such personal data. This write-up enquires into the manner in which personal data is to be shared by an individual while also discussing the manner in which entities may process this personal data.

Water

Legislations are intended to address issues involving specific subject matter. A right granted under one legislation may be affected by the provisions of another legislation. A logical question that follows is – which provision would prevail? The obvious answer is that the legislation dealing with the specific subject matter should prevail over general legislation.

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Focusing on the 2023 Amendment

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘2021 Rules’)[1] were released by the Central Government in February 2021. The 2021 Rules are framed further to the exercise of powers by the Government of India under Section 87(2) of the Information Technology Act, 2000. The 2021 Rules have now been amended vide Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023. (‘2023 Amendment’).

Indian Carbon Market: Prospects and Challenges

With the increasing reliance on renewable sources of energy, India is leaving no stone unturned to fulfil the targets set forth by it in COP26. This rapid transition to renewable energy is causing an irreversible impact on biodiversity which merits adequate attention from relevant quarters. This article seeks to map the effect of growth in renewable energy infrastructure on biodiversity and the legal framework in this regard.

Renewable Energy and Biodiversity – Legal Framework

With the increasing reliance on renewable sources of energy, India is leaving no stone unturned to fulfil the targets set forth by it in COP26. This rapid transition to renewable energy is causing an irreversible impact on biodiversity which merits adequate attention from relevant quarters. This article seeks to map the effect of growth in renewable energy infrastructure on biodiversity and the legal framework in this regard.

International Cooperation in Space Laws

Date | Version May 10, 2023| 2.0 Keywords ‘Space Law’, ‘UNFCCC, ‘International’, ‘Cooperation’, ‘UN’, ‘Satellite’. List of Legislation Referred. The constitution of india The United Nations Remote Sensing Principles, 1986 Article I of the Outer Space Treaty , 1966 The Cancun Agreements , 2010 The Mexico Summit, 2015 Space Activities Bill, 2017 Satellite communications policy, […]

Mandatory Use of Government e-Marketplace (GeM) and Competition Law

Date | Version May 01, 2023| 2.0 Keywords ‘E-market place’ , ‘Central Government’, ‘Competition Law’, ‘Supreme Court of India’. List of Legislation Referred. 1. The Constitution of India 2. The General Financial Rules, 2017 3. The Competition Act, 2002 4. The Companies Act, 2013 Jurisdiction Republic of India The Indian Government has been actively promoting […]

Authorization and Declaration of Natural Gas Pipelines

  Date | Version April 05, 2023| 2.0 Keywords ‘common carrier’, ‘contract carrier’, ‘Declaration’, ‘PNGRB’, ‘Authorization’, ‘natural gas pipeline’. List of Legislation Referred. Petroleum and Natural Gas Regulatory Board Act, 2006 (‘PNGRB Act’)  Petroleum and Natural Gas Regulatory Board (Guiding Principles for Declaring or Authorizing Natural Gas Pipeline as Common Carrier or Contract Carrier) Regulations, […]

Cryptocurrency: Unregulated Futuristic Technology

Date | Version December 29, 2022, | 1.0 Keywords ‘Cryptocurrency’, ‘Blockchain’, ‘Decentralization’, ‘Virtual Digital Assets’, ‘Dollarization’. List of Legislation Referred The Constitution of India Securities Contract Regulation Act, 1956 Foreign Exchange Management Act, 1999 Income Tax Act, 1961 Markets in Crypto Assets Regulation (MiCA) (European Council) (yet to be voted upon) Bipartisan Infrastructure Legislation, 2021 […]

AERA – Powers and Functions

Date | Version December 27, 2022| 2.0 Keywords ‘AERA’, ‘Powers and Functions’, ‘Tariff Determination’, ‘Seizure’. List of Legislation Referred. The Airports Economic Regulatory Authority of India Act, 2008. Code of Criminal Procedure, 1973. Jurisdiction India The Indian civil aviation sector has been growing tremendously, and with the second-largest population, the total traffic at major airports […]

Tariff Determination for into Plane Services in India AERA – A Closer Look

Date | Version December 27, 2022| 3.0 Keywords ‘AERA’, ‘Tariff’, ‘Light Touch Approach’, ‘Price Cap Approach’ ‘Into Plane Services’. Related Legislation = The Airports Economic Regulatory Authority of India Act, 2008. The Airports Economic Regulatory Authority of India (Terms and Conditions for Determination of Tariff for Services Provided for Cargo Facility, Ground Handling and Supply […]

What to Expect in The Upcoming Union Budget

Date | Version December 21, 2022| 2.0 Keywords “Union Budget”, “inflation”, “job creation”, “private investment”, “energy sector”, List of Legislation Referred. The draft Indian Telecommunication Bill, 2022 Jurisdiction India Abstract: The Budget for 2023-24, the last before the General Elections of 2024, will be presented in the backdrop of a critical geopolitical set-up internationally, clubbed […]

India’s Commitment to Clean Energy: Infrastructure, Laws and Regulations

Date | Version December 14, 2022| 2.0 Keywords ‘Renewable energy’, ‘renewable energy sources’, ‘power generation’, ‘grid electricity’, ‘sunshine countries’. List of Legislation Referred. The Electricity Act of 2003 Central Electricity Regulatory Commission (Terms and Conditions for Tariff Determination from Renewable Energy Sources) Regulations, 2017 The Electricity (Amendment) Bill, 2018 The draft Electricity (Amendment) Bill, 2020 […]

Doctrine of Corporate Law & Opportunity – An Indian Perspective

Richa Bhandari, Associate Praneet Kaur, Associate Date | Version October 17, 2022| 1.0 Keywords ‘Director’, ‘Fiduciary duty’, ‘Doctrine of Corporate Opportunity’, List of Legislation Referred. The Companies Act, 1956 The Companies Act, 2013 Jurisdiction India   Abstract- This write-up examines the applicability of the doctrine of corporate opportunity in light of the provisions of Section [...]

Time limit for filing of written statement in suits in Delhi

Divjyot Singh, Partner Nipun Dwivedi, Principal Associate Date | Version October 11, 2022| 1.0 Keywords Written Statement’, ‘Order VIII Rule 1’, ‘extension of time’, ‘Mandatory’, ‘directory’ ‘discretion, ‘special law’, ‘St. Stephens College and Ors. vs. The University of Delhi’, ‘R.S Raghunath v. State of Karnataka and Anr.’, ‘Atma Ram Properties Pvt Ltd vs. The Oriental [...]

Force Majeure A measure to mitigate risk

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Risk Management Policy Role of directors

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