Month: April 2020

Posts, Securities

Interpreting Regulation 23(1)(c) of the Takeover Code: Applicability of the Principle of Impossibility

In this post, the author points out the conundrum regarding the application of the principle of “impossibility to perform an open offer” in Regulation 23(1)(c) of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulation, 2011 as a requirement to grant a withdrawal of the takeover offer. The author further tries to strike a balance between the narrow and the wide interpretation of the Regulation. Continue reading Interpreting Regulation 23(1)(c) of the Takeover Code: Applicability of the Principle of Impossibility

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Contract Law, COVID-19, Posts

Disruption of Supply Chains due to COVID-19 – Can a Virus Give You an Excuse for the Delayed Performance of a Contract?

In this post, the author subjects to scrutiny the way in which the Indian legal system is dealing with the outbreak of the COVID-19 pandemic and using it as a focal point, explores the concepts of the impossibility to perform a contract as opposed to the non-performance of a contract based on contingent events. Further, an analysis into whether or not the pandemic should get classified as a Force Majeure under Indian law is also provided while also drawing parallels with China, the epicenter of the crisis. Continue reading Disruption of Supply Chains due to COVID-19 – Can a Virus Give You an Excuse for the Delayed Performance of a Contract?

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Posts, Sports

Anti-doping Law: The Quagmire of Enforcing WADA Norms in India

In this article, the authors analyse the measures that have been taken at the international level to deal with doping in sports. Along with it, they present a critical analysis of NADA as it has adopted the standards of WADA without making any changes with regard to the Indian context. Continue reading Anti-doping Law: The Quagmire of Enforcing WADA Norms in India

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Public Policy

National Policy for Treatment of Rare Diseases: A Critical Analysis of Recent Developments

In this post, the author presents a critical analysis of the recently drafted National Policy for Treatment of Rare Diseases, 2020, through arguments in support of the policy by mentioning what relief it provides and against the same by identifying gaps which remain to be filled. Continue reading National Policy for Treatment of Rare Diseases: A Critical Analysis of Recent Developments

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Constitutional Law, International Law, Posts

Are the Indian Courts Still Following the Constitutional Principle of Dualism? Not Quite So

In this post, the author examines how the recent trend adopted by the Supreme Court is going against the constitutional principle of dualism and separation of power. The article provides a comparative analysis of the situation prevalent in developed nations like the UK and the USA. Continue reading Are the Indian Courts Still Following the Constitutional Principle of Dualism? Not Quite So

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