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Believe In Yourself But Don't Take Yourself Too Seriously

He was the Advocate General of Maharashtra from 2012 to 2014, and before that, the Additional Solicitor General of India for three years. An LL.M. (Harvard), Senior Counsel DARIUS J. KHAMBATA practises before the Bombay High Court and the Supreme Court of India. LEGAL ERA speaks to him about his personal and professional journey, life, and everything in between

Advance Medical Directives & Living Will – A Landmark Judicial Development

Since the concept of advance directives is new to our country, we will have to wait and watch how it pans out

Supreme Court Decriminalizes Consensual Gay Sex

In a historic judgment on 6 September 2018, the Supreme Court of India struck down part of Section 377 of the Indian Penal Code (IPC) which criminalizes homosexual relationships between consenting adults.

Implications Of The Aadhaar Judgment

It is likely that the UIDAI will issue guidelines/ instructions setting out how the Aadhaar Judgment will be operationalized and will also hopefully clarify some of the key questions that have arisen

Anti-Profiteering Provision Under GST And Its Effectiveness

As the anti-profiteering provision under the CGST Act and Rules suffers from the ‘vice of excessive delegation’ and is vulnerable to be struck down as unconstitutional, assessees need to evaluate all options and calibrate their strategy to contest any anti-profiteering-related challenges/investigations

Deconstructing The Binani Cements/Rajputana NCLAT Judgment: Discrimination Between Creditors, And Maximization Of Value

While the substance over process approach taken by the NCLAT in relation to UltraTech’s bid may be beneficial from a straight jacketed procedural approach in a CIRP, the conclusion in relation to no discrimination between sets of financial creditors and operational creditors may be problematic

Singapore's New Accredited Investor Regime

Since 8 October 2018, many within the financial services industry have been struggling to understand the finer aspects of the new regime, recalibrate their client on-boarding policies and procedures to account for the new requirements, and hopefully have the entire effort completed on or before 8 January 2019

Law Providing Government Bungalows To Former UP CMs Annulled

Law Providing Government Bungalows To Former UP CMs Annulled.

Five Class Actions Filed Against Drug Companies: US

Five Class Actions Filed Against Drug Companies: US.

Investment Gone Green: Green Bonds

The rapid growth of the international green bonds’ market demonstrates how the capital market can be utilized to address the consequences of global, environmental, and climate change.

Determination Of A Well-Known Mark A Conundrum

Till the New Rules, the only way for a proprietor of a trademark to include its mark in the list of well-known marks was on the basis of the orders of Court/Registrar/IPAB

Budget 2018 Analyzing Tax Proposals

The article takes a close look at the highlights of Union Budget 2018 in terms of direct and indirect taxes.

SLP Filed In SC, Evidence Suppressed Absolves Tarun Tejpal Claims Defence

In a twist to the case where the Former Editor-in-Chief of Tehelka Magazine is facing charges of having sexually assaulted a junior colleague in 2013, the petition filed in the Apex Court is claimed to challenge Tejpal’s very prosecution

Is Extreme Event Predictable?

Historically speaking, economic crises or disasters natural or man-made have never occurred in isolation. There have always been warning signals which, many a times, were not heeded

Is It Game Over For The Singh Bros

From putting Ranbaxy on the global pharmaceutical map to selling their stake in it to daiichi sankyo to their subsequent downfall, Legal Era chronicles the saga of the company’s former Promoters, Malvinder and Shivinder Singh

Supreme Court On RBI Circular of 12th February, 2018

For the purposes of making The Insolvency and Bankruptcy Code, 2016 (Code) effective in its execution, the Government issued, The Banking Regulation (Amendment) Ordinance, 2017, which was legislatively introduced and notified by The Banking Regulation (Amendment) Act, 2017 (Amendment), vide which, Section 35AA and 35AB were inserted.

Legal Luminary Padma Shri Professor (Dr.) N.R. Madhava Menon

Legal luminary and Padma Shri Prof. (Dr.) Neelakanta Ramakrishna Madhava Menon passed away in the early hours of Wednesday, 8 May 2019, due to liver cancer.

Setting Up A Subsidiary Or JV In Japan: Comparison Of The Kabushiki Kaisha And Godo Kaisha Structures

This article provides a brief comparison of KK and GK, from the perspective of an Indian Company investing in Japan

Supreme Court Allows Appeal Against Chief Judicial Magistrate's Order Under Section 14 Of The Sarfaesi Act

A Supreme Court vacation bench granted leave to appeal directly against a Chief Judicial Magistrate’s order under Section 14 of the Securitisation and Reconstruction of Financial Assets & Enforcement of Security Interest Act (SARFAESI) recently.

The New National Mineral Policy, 2019

The New Policy is set out to integrate the country’s overall strategy with economic development and as a result, guide the exploration, extraction and management of minerals

Introducing The New UAE Federal Arbitration Law

The New Law is a brave attempt at modernizing the practice of arbitration in the UAE, however, its true impact will ultimately be determined by the manner in which the UAE Courts interpret and apply its clauses and by the number of successful nullification applications made

PF Judgment: 5 Important Lessons

The keenly awaited SC judgment should lay to rest the prevailing confusion and ambiguity in the industry while interpreting basic wages…

The Role Of E-payment Nigeria Systems In Doing Business In

Nigeria, too, has witnessed a sizeable increase in the volume of e-payments in recent years.

No Matter How Hard, The Court Has To Decide Every Case

One of the senior-most Judges of the Supreme Court, known for some path-breaking judgments this country has seen, Hon’ble Justice Arjan Sikri in an exclusive interview with Legal Era…

IBC Still A Learning Curve

While the introduction of the insolvency framework has been one of the most significant reforms, it seems that the IBC still needs some more productive amendments as only a few have been able to cross the insolvency path and others are still battling.

Mazes

The plea of res judicata hinges on the grounds of public policy and necessity, where public policy dictates that there be an end to litigation whereas necessity demands that no individual be vexed twice for the same cause.

The 16th Raj Anand Moot Court Competition, 2018

The 16 th Raj Anand Moot Court Competition was held in collaboration with Vidya Intellectual Property Foundation on 25th August at the Indian Habitat Centre in New Delhi.

PF Judgment - A Missed Opportunity?

As one of the most-awaited judgments of the SC on labor laws, the Court could have gone a step ahead to direct the government to consolidate and redefine wages across various labor laws to make it easier to do business in India

Investing In Indonesia - Current Trends And Pitfalls

Indonesia is South East Asia’s largest economy and a stable democracy.

(Not) Made In India

Despite successive governments scrapping thousands of archaic statutes that have no place in modern India, there are a few British relics that we continue to follow even today