LIMITATIONS ON LIABILITY CLAUSES IN COMMERCIAL CONTRACTS

Article submitted by Aishwarya Deshpande Liability means legal responsibility for one’s acts or omissions. Parties in commercial contracts to mitigate their risk carve out a “limitation of liability clause” to limit their liability to a particular pre-estimated fixed sum of the amount. The Contract Act 1872 allows the parties to legally agree to restrict their obligation under […]

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Navigating SEBI’s Principles-Based Oversight on Related Party Transactions: A Closer Look at SEBI’s Approach to RPTs

By : Swetha Dasu, Associate, assisted by Atluri Sri Vidya A “Related Party Transaction” (“RPTs”) is an agreement between two individuals who have previously worked together or have a common interest. Businesses generally favour conducting transactions with individuals with whom they have a personal relationship or common interests. The SEBI regulations allows RPT which may […]

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Analysing NaBFID’s Transition to a Public Financial Institution

By : Vijay Sawal INTRODUCTION : Initially established in 2021[1] in an attempt to address India’s infrastructure financing gap, the National Bank for Financing Infrastructure and Development (“NaBFID”)was meant to operate as an infrastructure lender with a broad mandate so as to grant more finance, all the while boosting the market. With its recent designation […]

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Timely implementation of the Resolution Plan as an objective of IBC

By : Garima Bothra INTRODUCTION : IOn November 7, 2024, the Supreme Court of India ordered the liquidation of Jet Airways following a five-year delay in implementing its resolution plan, initially approved in 2019. The Court remarked that it had “no option” but to direct liquidation of the company. While the Insolvency and Bankruptcy Code, […]

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Reforming Clinical Trials in India: A New Era for Clinical Research Organizations

By : Madhav Krishna INTRODUCTION : India’s clinical trial landscape has undergone substantial reforms in recent years, driven by the country’s aspiration to become a global hub for clinical research. These changes are designed to streamline processes, enhance patient safety, ensure ethical conduct, and protect participants’ rights while maintaining robust oversight and transparency. At the […]

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Ministry of Corporate Affairs relaxes norms for reverse-flipping in India

By : Shishank Shaw INTRODUCTION : The Ministry of Corporate Affairs (“MCA”) vide its notification dated September 09, 2024, has issued the Companies (Compromises, Arrangements, and Amalgamations) Amendment Rules, 2024 (“Amendment Rules”) aimed at simplifying the regulations for ‘reverse flipping’ in India. The Amendment Rules are effective from September 17, 2024. This move comes as […]

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ECOMARK RULES 2024: PROMOTING ECO-FRIENDLY PRODUCTS IN INDIA

By : Aishwarya Dhananjay Deshpande INTRODUCTION : The Ministry of Environment, Forest and Climate Change (“MoEFCC”) introduced the Ecomark Rules, 2024 (“Rules”), a significant initiative aimed at fostering sustainable consumption and production in India. The overarching goal of these Rules is to promote eco friendly and green industries in the path to a sustainable future. […]

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A ROAD MAP TO MANDATORY CSR: AN ANALYSIS

By- Ms. Aishwarya Deshpande• INTRODUCTION:Corporate Social Responsibility (CSR) is a business model that is adopted by a company in order to be socially responsible to the shareholders, stakeholders, the public at large and itself. By adopting CSR practices, a company becomes aware of how its actions and operations impact various social, economic, and environmental aspects […]

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A CRITICAL STUDY OF MEDICAL NEGLIGENCE IN INDIA, REGULATIONS AND CASE LAWS

By Madhav Krishna WHAT IS MEDICAL NEGLIGENCE “Medical negligence” is a term commonly used to describe the wrongful actions or omissions of healthcare professionals in the course of their practice, which can result in harm to patients. While not specifically defined in Indian laws, it has gained widespread recognition in legal discourse. This article aims […]

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A COMPARATIVE STUDY ON ROLE OF INDEPENDENT DIRECTOR IN CORPORATE GOVERNANCE IN THE USA, UK AND INDIA

By Garima Bothra Independent Directors under the Companies Act, 2013 (“Act”) have not been defined. However, the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations 2015 defines an Independent Director as a non-executive director, other than a nominee director of the listed entity. Appointment of Independent Directors under the Act: According […]

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