Dr. Amit George The passage of the Arbitration and Conciliation (Amendment) Act, 2015 (“Amendment Act”) marked the culmination of a long-drawn and convoluted process of bringing about vital necessary changes to the Arbitration and Conciliation Act, 1996 (“1996 Act”). The ground-breaking nature of the amendments brought into effect, and the potential far-reaching repercussions that they entailed for the arbitration regime in particular and the commercial law landscape in general, were immediately apparent. However, much as the proof of the pudding is in the eating, in the Indian context the efficacy of any statutory enactment and its ultimate impact is heavily […]

It is admission season and law schools around the country have begun inviting applications for their respective entrance exams. While the Common Law Admission Test (CLAT) may be the most obvious choice, potential candidates also generally apply for admission to other law schools, in order to avoid the risk of putting all of one’s eggs in a single basket. However, many a time, the cost of application fees can lead to a reduction of options. In 2015, we ran a piece in an attempt to gauge the average cost of a five-year legal education at a national law university. Back then, we […]

Last week, we had published an article covering facts and figures pertaining to the Supreme Court of India for 2015-16. The information was compiled from the annual report published on the Supreme Court’s website. In Part II, we delve into the state of the country’s High Courts and the lower judiciary, specifically with regard to each court’s annual budget, pendency figures and vacancies. 1. Budget for 2016-17 We had earlier reported that the 14th Finance Commission had allocated a handsome sum of Rs. 9,749 crore to the judiciary for five years. Out of this, a total of Rs. 3,452.39 crore […]

The Supreme Court of India recently released its annual report on the Indian Judiciary for 2015-16. Running into nearly three hundred pages, the report reveals some interesting facts and figures with respect to the Supreme Court, the twenty four high courts and the subordinate courts under them. In the first part of this report, we take a look at six interesting stats pertaining to the apex court, including the number of cases instituted, disposed and pending, and what steps have been taken to improve pendency figures. 1. Number of PILs and writ petitions filed Till July 31, the number of PILs filed […]

By Arunabh Choudhary, Nikita Chawla and Arjun Rastogi The taxation of indirect transfer of assets has been incessantly making headlines in the financial markets post the Supreme Court of India’s decision in the case of Vodafone International Holdings BV vs Union of India (2012) 6 SCC 613 (“Vodafone Case”). The Indian Government introduced the indirect transfer provision by way of the Finance Act 2012. Accordingly Section 9(1)(i) of the Income Tax Act, 1961 (“Tax Act”) was amended and made applicable with retrospective effect from 1st April 1961 (following the Supreme Court ruling in Vodafone Case.) Post the amendments introduced by the Finance […]

Harini Subramani & Adil Ladha In September this year, VP Joy, the Central PF Commissioner spoke about ongoing attempts to link the Aadhaar with the Universal Account Numbers (UAN) of all employees covered under the Employees’ Provident Funds and Miscellaneous Provisions Act of 1952 in order to facilitate “faster transactions” for the benefit of employees. He had indicated that the linking/seeding exercise was being undertaken in order for the online services to be effective by March 31 next year, a deadline which appears to contradict the timeline stated in a recent letter dated November 21, 2016 [pdf] issued by the Employees’ Provident […]

It has been a rather turbulent 2016 in High Courts across the country, with instances of the Bar clashing with Bench, and even the media. In addition to this, there have been revelations pointing to the fact that all may not be well within the higher judiciary. However, there have been positives to take from this year, with the courts making some important decisions that have been lauded by civil society. Here are the top twelve high court stories of 2016. 1. A Court Divided Over the past few years, voices have been crying hoarse for the bifurcation of the […]

Nishith Dhruva The concept of “Two-Tier Arbitration” or “Second Instance Arbitration” provides for an arbitration reference being made subsequent to the award of an arbitrator in the first instance. The reference can be made for a fresh hearing and resolution of the dispute and passing an award anew, irrespective of the first award, when either or all the parties are aggrieved by the arbitral award. For a Second Instance Arbitration, the arbitration clause must in express terms provide for the second/ additional level of arbitration, in order to enable the parties to adopt it. A second instance arbitration is also […]

It has been quite an active year when it comes to regulatory updates in the country. With a range of changes, right from cleaning up bank balance sheets and enhancing ease of doing business in India, to FDI in e-commerce, there have been a number of changes in the regulatory landscape. Here are the top ten  developments picked up from the Bar & Bench database: 1. Raising thresholds of reporting of combinations In an effort to improve the ‘ease of doing business’ in India, the Ministry of Corporate affairs issued a notification revising the merger control thresholds under the Competition Act, […]

Akshay Nagpal Did the question posed in the title cross your mind when you read the word “meditation”? For many of you, it might have. After all, meditation is generally understood to be an esoteric concept, or an activity apt for people not from the commercial world. But that notion has been busted by science, as well as by modern practitioners of meditation including top CEOs like Mike Milken, ad industry mogul Renetta McCann, NBA coach Phil Jackson, and Larry Brilliant, head of Google’s philanthropic efforts. Meditation is going to be the next big reform in public health and will be treated at […]