Month: January 2024

Arbitration

Closing the Debate on Inadequately Stamped Arbitration Agreements?

In this article, the author has traced the jurisprudence on the question of enforceability of unstamped or inadequately stamped arbitration agreements and point out the problems in the same. Then, the author has also analysed the judgment of the SC to show how it has sought to correct these problems using the conception of directed power and the Coase Theorem. Continue reading Closing the Debate on Inadequately Stamped Arbitration Agreements?

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SEBI’s New Centralized Reporting Mechanism: A Masterstroke or Not?

In this article, the author delves into the pivotal developments that transpired in October 2023 when the Securities Exchange Board of India (SEBI), exercising its authority under Section 11(1) of the Securities and Exchange Board of India Act, 1992 (SEBI Act), issued a consequential circular. Effective from January 1, 2024, this circular introduces a centralized mechanism for reporting the demise of an investor, facilitated through KYC Registration Agencies (KRAs). The primary objective of this regulatory initiative is to streamline the intricate process of reporting and transmitting securities following an investor’s demise, directing them towards the designated nominees or legal representatives. The author also talks about the necessity for such reform becomes apparent when considering the absence of a centralized system for reporting and transmitting securities in the pre-existing framework. Continue reading SEBI’s New Centralized Reporting Mechanism: A Masterstroke or Not?

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Navigating Adoption: Intricacies in the Angle of Consent of the Biological Parents

This article delves into the HAMA thats governs adoption in Hindu, Sikh, Buddhist, and Jain communities, while the Guardians and Wards Act, 1890 applies to others. Issues arise in cases of children born from rape, regulated by Section 38 of the Juvenile Justice Act. Consent complexities between parents are addressed by HAMA, but unique cases lead courts to prioritize the child’s welfare over parental consent. Parens Jurisdiction and international obligations underscore this duty. While consent is generally required, courts may interpret statutes to safeguard the child’s welfare. Transparency, judicial training, and research on childhood trauma are crucial. In conclusion, child adoption in India requires balancing the child’s well-being with parental rights, with courts consistently prioritizing the paramount importance of child welfare. Continue reading Navigating Adoption: Intricacies in the Angle of Consent of the Biological Parents

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