Beneath Tip Of The Iceberg: Defenses For Insider Trading

Defenses against the charge of Insider Trading, much like an iceberg, reveal only a fraction of its true form above the surface. What is seen and codified is but a sliver of what actually exists. On paper, SEBI (Prohibition of Insider Trading) Regulations 2015 (“2015 Regulations”) appear to offer a neatly defined framework, with Regulation 4(1) categorically stating that trading when in possession of UPSI would attract the charge of Insider Trading and the Explanation thereof latches a...

Insertion Of Sub-Sections 18(1B) And (1C) And Its Impact On Provisional Assessment Timeline In Cases Of Verification Of Origin In Terms Of FTA

The Finance Bill, 2025 (Bill No 14 of 2025) seeks to amend Section 18 of the Customs Act, 1962 (“the Act”) by way of insertion of sub-section 18(1B) and sub-section 18(1C). Section 18 of the Act deals with provisional assessment of duty. The importer or the exporter can exercise the option for provisional assessment of duty by making a request before the proper officer. Further, where the proper officer deems it necessary, may direct that the duty leviable on such goods be assessed...

Can Warner & DC 'Superman' Over International Law? Decoding The Copyright Dispute

Written and illustrated in 1933, accredited to Joseph Shuster and Jerome Siegel and stated to be assigned to Detective Comics, Superman has been making the headlines for its “periodic litigation” since decades. A recent claim made by Mark Peary, the estate of Shuster alleges a violation of international laws by DC Comics, and thus Warner Bros (Accused). Filed on January 31, in the District Court of New York, it has been stated that pursuant to the foreign reversion rights in 2017, and 2021, the...

Cross Border Insolvency: Why Serious Contemplation Over UNCITRAL Framework Is A Better Approach Than A Hasty Decision

It is widely believed that India, the world's fifth largest economy by size may do well with an international framework to settle cross border insolvencies (CBI). In recent years, serious discussion among thought-leaders has also resulted in the thinking that adopting the UNCITRAL framework on CBI would be value-accretive to India's ability to attract foreign investments.The proposal to adopt a framework like the UNCITRAL framework had been initially set forth by the NL Mitra committee that...

Cross Border Insolvency And Bankruptcy & Corporate Restructuring

Trade, investment, and cross-border economic activity increased after India's economy was liberalized in the 1990s. The overall result of this was a rise in cross-border insolvency cases. Additionally, more foreign direct investment entered Indian markets as a result of the liberalization measures, and Indian businesses expanded internationally. When an insolvent debtor has assets or creditors in several jurisdictions, it is referred to as cross-border insolvency and requires cross-border...

HYDRAA - Balancing Development And Justice In Telangana

The recently constituted Hyderabad Disaster Response and Asset Protection Agency[1] (HYDRAA) by the Government of Telangana (Government) has been on a demolition drive of illegal structures since its formation on July 19, 2024 in Telangana, for regulating and safeguarding government property from encroachment, unauthorised allotments and constructions; while preserving lakes, waterbodies and protected zones, namely the Full Tank Level (FTL) lands, Buffer Zones and the G.O. 111 lands. Operating...

The Draft Arbitration And Conciliation Amendment Bill, 2024: A Step Towards Reforming India's Arbitration Framework?

The Draft Arbitration and Conciliation (Amendment) Bill, 2024, aims to significantly transform India's arbitration landscape. This comprehensive draft seeks to align and modernize India's arbitration practices with those of the world and meet domestic challenges. The recommendations that stand out include the establishment of Appellate Arbitral Tribunals (AATs), statutory recognition of emergency arbitration and introduction of strict timelines. But the new government guidelines regarding...

Schrödinger's Cat of Jurisdiction

Is it possible to exist in two states at once, alive and dead, until observed? The thought experiment - 'Schrodinger's cat' offers us the answer to it. On similar lines, jurisdictional boundaries in corporate law often exist in a state of quantum ambiguity, much like Schrödinger's cat—neither fully alive (adjudicatory) nor entirely dead (non-adjudicatory) until the box is opened, that is to say, until a prima facie analysis is run. The Tribunals (National Company Law Tribunal and National...

Revitalizing Cooperative Banking: Why Mergers May And May Not Catalyse The Industry Towards Better Profits

When the world observed 2012 as the international year of cooperatives, India witnessed the failure of 13 cooperatives. Back then, RBI's credit insurance arm – DICGC had to step in to repay Rs 160 crores to depositors. Thirteen years later it is not unreasonable to introspect whether maintaining cooperatives is worth our time and effort? In fact, there is more scrutiny on cooperative banks and any failure is a blow to the faith of the average banking depositor.Before we venture into estimating...

India Signs Final Act Of Riyadh Design Law Treaty: A Milestone For Industrial Design Protection

India has officially ratified the Riyadh Design Law Treaty's Final Act. The Riyadh Design Law Treaty aims to complement and simplify the processes involved in registering industrial designs. In other words, this treaty should make the procedure for design protection more efficient and accessible in India for designers in relation to protecting their work domestically as well as globally. Joining the treaty would be an important step toward demonstrating India's commitment to fostering inclusive...

SAT's Achilles' Heel: The Urgent Case For Contempt Powers

Born from a need for expediting resolutions, tribunals have evolved into an indispensable part of the Judiciary since they represent the hope to satisfy public demand for quick and effective justice. Still, a Tribunal needs respect and adherence to its decisions if it is to be an authoritative judicial body. While tribunals such as the National Company Law Tribunal (“NCLT”) and National Company Law Appellate Tribunal (“NCLAT) wield codified contempt powers to enforce their orders, the...

Claim For Loss Of Profit Vis-À-Vis Railway Contracts And Public Works Department Contracts

The prolongation of works contracts on account of the defaults attributable to the governmental departments or employer results into incurring of losses by the contractor. Such overstay on the project work accrues losses to the contractor as it reduces the profit margin of the contractor on account of being unable to deploy the resources and manpower to other opportunities.The claim for lost profits is widely accepted as “Loss of Profit” and is claimed under Indian legal regime by placing...