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data

Juggling act

The evolution of the personal data protection bill is influenced by the need to protect the interests of businesses, the government and the individual, writes Yukti Sharma India’s journey to a personal data protection law...
bill

PDP bill reaches parliament

The much-awaited Personal Data Protection Bill, 2019 (PDP bill) was introduced in the Lok Sabha (lower house) of the parliament on 11 December 2019. The PDP bill has been substantially revised from the draft PDP Bill, 2018, which was...
resolution

The evolving resolution of stressed assets

By Ramya Hariharan and Dipti Srivastava, HSA Advocates
The banking sector has been under tremendous stress in the past few years due to the increasing number of non-performing assets (NPA) caused among other things by the absence of a comprehensive bankruptcy regime....
insolvency

NBFCs brought under purview of insolvency code

By Anisha Shroff and Sharanya Kundu, Samvad Partners
With the introduction of a codified law on insolvency and bankruptcy processes, restructuring jurisprudence entered a new era. While the new law focused on rehabilitating and restructuring stressed companies, restructuring processes involving financial service...
CCI

CCI balances need for confidentiality, disclosure

By Vikram Sobti and Shruthi Rao, Chandhiok & Mahajan
On 20 November 2019, the Competition Commission of India (CCI) introduced the CCI (General) Amendment Regulations, 2019. The amendment to the CCI (General) Regulations, 2009 (general regulations), allows for the disclosure of an informant’s...
insolvency

Pecking order

The significance of the insolvency code may be put into question if state governments do not observe the order of priority for creditors over a corporate debtor’s assets, write Arvind Varma and Amita Chohan “The...
arbitration

Section 87 relief for private companies

In a significant move, the Supreme Court, in Hindustan Construction Company Ltd v Union of India, granted a huge relief to several debt-ridden private sector companies (which are acting as contractors of the government)...
creditor

Creditors’ wisdom should be heeded

The verdict of the Supreme Court on 15 November 2019, in the case of Committee of Creditors of Essar Steel India Limited through Authorised Signatory v Satish Kumar Gupta & Ors, has brought clarity...

Courting mediation

The Singapore Mediation Convention offers hope to businesses looking for an alternative to time-consuming litigation in overburdened courts. Amar Sundram reports A recent article headlined “Trust Deficit” in a leading Indian financial newspaper pointed out...
HIRA

Examining validity of West Bengal’s HIRA Act

By Vikram Wadehra and Nupur Rathi, Vidhii Partners
The West Bengal Housing Industry Regulation Act, 2017 (HIRA), was notified on 1 June 2018. Section 20 of which established the Housing Industry Regulatory Authority (authority). The statute regulates all projects above 500 square...
tribunals

Tribunals are here to stay, but with improvements

By Amit Kapur, J. Sagar Associates
A constitution bench of the Supreme Court recently delivered its judgment relating to tribunalization of justice. This judgment has put to rest the existentialist challenges to this institutional development, embracing “tribunals” as a part...
fraud

Auditor’s professional lapses not fraud

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
In January 2018, the Securities and Exchange Board of India (SEBI) banned the accountancy firm Price Waterhouse (PW) from auditing listed companies for a period of two years due to lapses in the audit...
privacy

Privacy law and its commercial implications

By Manoj Kumar, Hammurabi & Solomon
On its way to becoming a US$5 trillion economy with nearly 500 million web users, India is second only to China as the largest online market in the world. Increased net penetration, exponential increases...
Essar

Something for everyone in the Essar judgment

By Aniket Sawant and Arvind Nagaraj, SNG & Partners
The long-awaited decision of the Supreme Court in Committee of Creditors of Essar Steel India Limited v Satish Kumar Gupta & Ors case comes as a relief for financial creditors, especially those holding security,...
rising star

Rising Stars 2019

India Business Law Journal presents its list of 50 up and coming law firms Jostling for position, arguably a useful skill when employed in moderation, has been elevated to a high art form in India,...
claims

Resolution of disputed claims in insolvency process

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan
One of the key issues in the corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (code), is the status and resolution of disputed claims. This has now been set to...
harassment

Progress against harassment

Amit Wadhwa and Puneet Gupta analyze how courts are dealing with prosecutions and issues facing internal complaints committees following incidents of sexual harassment in the workplace Under India’s legal framework, in the past incidents of...

Guide to litigation strategies

By Sneha Jaisingh and Shreya Gupta, Bharucha & Partners
Recognising and seizing opportunities in a timely way is integral to litigation strategy, write Sneha Jaisingh and Shreya Gupta Litigation is like making hamburger mince, its messy and its bloody. The plaintiff asserting his/her rights...
news

News in Brief

Co-founder starts disputes firm Arush Khanna, the co-founder and a partner at Trinaya Legal, has started Numen Law Offices with lawyers George Thomas, Lakshmi Raman and Chaitanyaa Bhandarkar. The firm is a dispute resolution and...
creditors

CJM can deal with applications of secured creditors

In a recent judgment, the Supreme Court has held that the Chief Judicial Magistrate (CJM) is competent to deal with applications made by secured creditors under section 14 of the Securitization and Reconstruction of...