Coinciding with the demonetisation of currencies by the Government of India in 2016, the Benami Transactions (Prohibition) Act, 1988, was substantially amended and renamed as the Prohibition of Benami Property Transactions Act, 1988 (“Benami Act”). The Benami Act was brought into effect from November 01, 2016. It was a well-timed move to ensure that demonetisation doesn’t become a futile exercise.
While there is sparse literature and judicial references to the concept of Relational Contracts in jurisdictions today, the concept of Relational Contracts has been well recognised in a few decisions by the courts in England.
Continue Reading Relational Contracts and Implied Term of Good Faith
The online gaming industry is among the few industries that have survived the onslaught of the Covid-19 pandemic, and is projected to witness a compounded annual growth rate (CAGR) of 21% over FY21-FY25. Today, online gaming platforms host a diverse variety of games – ranging from rummy and poker to ‘fantasy sports leagues’ relating to cricket.
As the world moves towards clean and eco-friendly mobility fuel alternatives, the Government of India (“GOI”) is playing its part by framing environmental-friendly policies & regulations and encouraging the use of electric vehicles (“EVs”) in the country. The National Electric Mobility Mission Plan, 2020 had launched the Faster Adoption and Manufacturing of Hybrid and Electric Vehicles (“FAME Policy / Scheme”) in the year 2015. The FAME Policy was launched in two phases. FAME – I provided direct subsidies and grants for specific projects along with financial support for R&D, technology enhancement and public charging infrastructure. FAME-II, introduced in 2019 with a budgetary outlay of INR 10,000 crore, envisioned driving large-scale adoption of EVs, EV-related infrastructure and EV ecosystem development. Despite these efforts the EV market penetration currently stands at merely 3% of India’s total vehicle sales.[1]
Continue Reading Charging Up the EV Sector through Policy Reform
Cryptocurrencies, worryingly unregulated, decentralised virtual currencies, are steadily gaining traction in the Indian transaction landscape. With digitalisation and smart contracts becoming the new norm (especially considering the COVID-19 pandemic), global trade in cryptocurrencies has increased by leaps and bounds. However, one cannot ignore the unprecedented rise in cybercrimes across the globe, relatable to virtual currencies. The expansion of the cryptocurrency landscape poses various challenges in the form of regulatory, legal, and operational risks. Whilst appropriate measures to regulate cryptocurrencies are the need of the hour, the Indian judiciary has been rather proactive in its dealing with such cryptic virtual currencies.
Continue Reading Delhi Court attempts to decode the cryptic case of cryptocurrencies in India
There have been significant changes to the regulatory regime governing alternative investment funds (“AIFs”)[1] in the past year and a half. In its Board Meeting dated August 06, 2021, the Securities and Exchange Board of India (“SEBI”) approved a fresh set of amendments to the SEBI (Alternative Investment Funds) Regulations, 2012 (“AIF Regulations”), governing AIFs, intended to ease compliance requirements, provide greater investment flexibility and streamline regulatory processes. A regulatory circular giving effect to these proposed amendments is awaited.
Continue Reading SEBI Regulatory Update : Proposed Amendments to AIF Regulations
There are only a few sections in the Arbitration and Conciliation Act, 2016 (“Act”), in which Court’s reference or assistance is invited post commencement of arbitration and constitution of the arbitral tribunal.
Maharashtra Real Estate Regulatory Authority (MahaRERA), vide Circular No. 11/2017 dated November 8, 2017, bearing reference no. MahaRERA/Secy/File No.27 / 491 /2017, prescribed procedure for transferring or assigning promoter’s rights and liabilities to a third party. The circular delineated the procedure in accordance with Section 15 of the Real Estate (Regulation and Development) Act, 2016 (“Act”), which states that, “the promoter shall not transfer or assign his majority rights and liabilities in respect of a real estate project to a third party without obtaining prior written consent from two-third allottees, except the promoter, and without the prior written approval of the Authority”. Continue Reading MahaRERA: Update on procedure for transferring or assigning promoter’s rights and liabilities to a third party was laid down
Gujarat International Fin-Tec City (“GIFT City”) is being developed as a global financial and IT Services hub on the lines of globally benchmarked financial centres. It includes a Special Economic Zone having the status of an International Finance Services Centre (“IFSC”). The IFSC is set up to undertake financial services transactions that are currently carried out outside India by overseas financial institutions and overseas branches/ subsidiaries of Indian financial institutions. Continue Reading Funds in GIFT City – FAQs & Structuring Insights
Rights issue, as the term denotes, is the recognition of an inherent right of an equity shareholder against dilution of his shareholding in the company. It is a pre-emptive right of the equity shareholder to subscribe to his proportionate share in all further issuance of equity shares.
Continue Reading Rights Issue – Is the Board’s Discretion to Allot Unsubscribed Shares Absolute?