Can a defendant seek a Temporary Injunction?
A. Introduction: The law of injunction in our country finds its roots from the equity jurisprudence inherited from English law, who borrowed it from the Roman law. Following the principle of Ubi jus, ibi remedium, an injunction provides remedy by prohibiting/restraining person(s) from doing a specified act or commanding them to undo some wrong orRead More
Software Patents – An Indian Perspective?
A. Introduction: Software, core of technological innovations, is considered to be the driving force with respect to current developments across sectors such as automobile, healthcare, manufacturing, networking, telecom, etc. In addition, software programs have helped in developing cutting edge technologies, such as artificial intelligence, machine learning, Internet of Things (IOT), blockchain and cognitive computing. AlbeitRead More
Appointment of an Arbitrator: Party Autonomy vs Equity
A. Introduction: A significant component of the arbitration process is the focus on appointment of arbitrators and the conduct of such arbitrators in the quasi-judicial proceeding, whereby the rules of the game are drawn for the umpire to draw out the differences between the parties and settle the cause of dispute. In this article, weRead More
Private Placement of Debt Securities – An analysis in terms of the proposed SEBI (Issue and Listing of Non-Convertible Securities) Regulations, 2021
A. Introduction: Securities and Exchange Board of India (“SEBI”, “Board”) vide its Consultation Paper dated May 19, 2021 has proposed to merge the SEBI Issue and Listing of Debt Securities) Regulations, 2008 (hereinafter referred as “ILDS Regulations”) and the SEBI (Issue and Listing of Non-Convertible Redeemable Preference Shares) Regulations, 2013 (hereinafter referred as “NCRPS Regulations”)Read More
Legitimizing Balance of Interests – Investors vis-à-vis Homebuyers
A. Introduction: In what could be touted as a significant ruling, Maharashtra Real Estate Regulatory Authority (“MahaRERA”) has paved the way for a pragmatic perspective by interpreting that be it a purchase for investment or for personal usage, the lawful rights of a buyer of an apartment shall be upheld under the Real Estate (RegulationRead More