The Fair Dealing Exceptions Under Indian Copyright Laws: A Critical Apprisal

INTRODUCTION Copyright is one of the branches or facets of the Intellectual Property Rights which have an exclusive stack of legal rights which includes the rights of reproduction, public communication, adaptation and translation of work to the creators of literary, dramatic, musical and artistic works and producers of the cinematograph films and sound recordings as […]

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Regulatory Framework for Ed-Tech Companies

A. INTRODUCTION TO ED-TECH COMPANIES There has been a shift in educational sector with the fast pacing technological advancements all around the world, and it has had implications on the educational technology (Ed-Tech). Ed-Tech Companies use technological tools like internet to impart not only traditional education but are also providing courses for people to enhance […]

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Anti-Dilution: An Investor’s right or a Company’s requirement?

Introduction to the concept of Anti-Dilution An investor’s decision to invest in a company is, usually, driven by the company’s futurepotential. If it is subsequently found that the company has failed to meet its expectedpotential, a valuation dip occurs. This often leads to a down round which refers to theissuance of shares at a lower […]

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Regulatory Framework for Fintech Companies

A. INTRODUCTION TO FINTECH COMPANIESFinTech is a colloquial term that refers to technology-driven start-ups that are challenging traditionalbanking techniques and established financial players. Despite the absence of a universally accepteddefinition, the Financial Stability Board of the Bureau of Indian Standards (BIS) defined FinTech as“technologically enabled financial innovation that could result in new business models, applications,processes, […]

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Powers of Enforcement Directorate: Case Study

Introduction Directorate of Enforcement (ED) is a specialized body tasked with implementing two crucial financial laws –Prevention of Money Laundering Act, 2002 (PMLA) and Foreign Exchange Management Act, 1999 (FEMA). ED exercises mainly two functions under the relevant laws: – conduct an investigation for violations of the FEMA provisions and money laundering offences under the […]

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Dispute Resolution in India- Arbitration Primer

A. Introduction Alternate dispute resolution methods have lured many away from litigation. Arbitration, being one among them, is cost-effective, flexible and less time-consuming compared to the long procedure one has to go through in the regular court proceedings. It has changed the approach to legal practice in India. A number of amendments have been made […]

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Powers of the Enforcement Directorate Under Various Laws and the Rights of the Accused/Aggrieved Persons

INTRODUCTION The object behind the formation of the Directorate of Enforcement was to create a body capable of enforcing the provisions of two special fiscal laws, i.e., the Foreign Exchange Management Act, 1999 (FEMA) and the Prevention of Money Laundering Act, 2002 (PMLA). The Directorate recruits’ officers through two mediums, i.e., directly or from other […]

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Shareholders’ Agreement- Clauses & Enforceability

When a company is created which results towards investment by more than one person into the company, a shareholders’ agreement is essential. Generally, the shareholders enter into such agreement during the registration of the company, however when it comes to the upcoming/new investors, the existing and the new investors may enter into and execute a fresh […]

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Franchise Regulations in India

INTRODUCTION India does not have a specific statute dealing with franchise matters. The Finance Act, defined the term franchise, which has now been repealed, owing to the introduction of the Goods and Services Tax. The Finance Act had defined a franchise, in the context of service tax, to mean an agreement by which the franchisee […]

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Lease and Rentals: Are these Operational debts under the IBC?

Introduction “Lease rentals arising out of the use and occupation of a cold storage unit which is for a Commercial Purpose is an ‘Operational Debt’ as envisaged under Section 5 (21) of the Code.”[1] This was the National Company Law Appellate Tribunal’s (‘NCLAT’) holding in the case of Anup Sushil Dubey v. National Agricultural Co-operative Marketing Federation […]

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