Supreme Court clarifies protection of Sick Industrial Company

Introduction Questions around the interplay between the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, the Sick Industrial Companies (Special Provisions) Act 1985, the Recovery of Debts Due to Banks and Financial Institutions Act 1993 and the Companies Act 1956 have frequently arisen in various high courts and the Supreme […]

P2P Lending - Quick thoughts

The peer to peer lending market in India (“P2P Lending”) has witnessed rapid growth in the recent past. The nature of the product and the inherent risks in P2P Lending as a model necessitates the need for regulation. As has generally been the case, the Reserve Bank of India (“RBI”) has allowed the market to […]

Bombay High Court judgment on stamp duty payable on inter-state amalgamations

DSK Legal

The Hon’ble High Court of Bombay on March 31, 2016 has held that where a Scheme of Amalgamation is executed between two companies registered in two different states pursuant to which two orders of two different high courts are issued for sanctioning of the Scheme of Amalgamation, then the said two orders are two independent […]

Blanket consent is not consent, rules the Bombay High Court

A single judge of the Bombay High Court (“Court”), in the case of Dosti Corporation v/s. Sea Flama Co-operative Housing Society Limited and Ors1, decided on 7th April 2016 has reiterated and upheld the contention that blanket consent or authority obtained by the builder promoter at the time of entering into the agreement for sale […]

Widening contours of Tradepress Protection: Devagiri Farms Private Limited v. Mr. Sanjay Kapur & Another

DSK Legal

With the advent of novel methods of commercializing a brand, unconventional aspects like aesthetics and look and feel of a product have become important in creating segmentation in the market. The interplay of various intellectual property rights associated with a product have raised questions on the ambit of protect-ability of such features individually and in […]

With Mauritius’ and Singapore’s legs tied, would one-legged Netherlands win the race?

DSK Legal

Mauritius has been the largest contributor of FDI into India, with 35% of total FDI in past 15 years coming from Mauritius. Mauritius is a small island city and is not capable of having generated such wealth in itself. Investments from different countries have been routed through Mauritius in an act of treaty-shopping, thanks to […]

Exit opportunity to dissenting shareholders

DSK Legal

The Securities and Exchange Board of India (“SEBI”) notified the SEBI (Issue of Capital and Disclosure Requirements) (Second Amendment) Regulations, 2016 published it in the Gazette of India (“Gazette”), Extraordinary, Part – III – Section 4, on February 17, 2016 (“Amendment Regulations”) to amend the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009. By way of […]

FDI in Online Marketplaces

The Viewpoint Bar and Bench

The Indian government has recently clarified that 100% foreign investment (without government approval) is permitted in online marketplaces which do not maintain any inventory and merely act as aggregators. This clarification however comes with certain conditions which online marketplaces may find restrictive for a sector which is still nascent in India. On 29 March 2016, […]

FDI in E-commerce - Marketplace Model

The Department of Industrial Policy & Promotion has vide a press note dated 29th March 2016 (the “Press Note”) allowed 100% FDI under automatic route in online retail of goods and services with certain key conditions. The Press Note lays down certain key conditions while allowing 100% FDI in an e-commerce entity engaged in the […]