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Stuart Popham's passage to India: 'cooperation, deals to be done'

Legal opinions

Clifford Chance Clifford-Chance-Stuart_Pophamsenior partner Stuart Popham recounts his UK ministerial visit to India last month, which included Ambani, best friends and mile-high parties, as first published by the UK's The Lawyer magazine.
 

Opinion: The dangerous leaks and lacunae in the 2010 Nuclear Liability Bill

Legal opinions

nuclearThe new 2010 Civil Liability for Nuclear Damage Bill is a double-edged sword full of loopholes and unanswered questions that are more likely to cut the Indian public than protect it from disastrous scale nuclear disasters, argue advocates Sangmitra Sawant and Vishnu Anand.
 

Opinion: The rise of the pseudo-lawyer and can a bar exam ever defeat him?

Legal opinions

IyerThomas-ElizabethSheshadriThe tentacles of the "pseudo-lawyers" have driven the bar to the wall, claims advocate and partner Elizabeth Seshadri. Is a bar exam enough to cure the setting rot or do we need a test that reaches far more deeply?

 

Opinion: How to start your own LPO (and how not to)

Legal opinions

SDD-Global-Sanjay-Bhatia-2Starting up a legal process outsourcing (LPO) business may be a perceived goldmine and en vogue these days but it takes more than just office, staff and website and most start-up LPOs are wasting their time, warns SDD Global Solutions' Sanjay Bhatia.
 

Opinion: Foreign investment in education sector to get boost by raft of statutes

Legal opinions

Foreign investments in India's educational sector have been hampered by regulatory restrictions but the new Foreign Educational Institutions and other bills promise to change the landscape, explain M Dhruva & Partners partner Manthan Unadkat and senior associate Tanya Raghani.
 

Legal opinion: Celebrity domain squatting on the rise in India

Legal opinions

julia-roberts_by_indioConcerned with the menacing rise of celebrity domain squatting cases, FoxMandal technology law head Salman Waris asks whether the current laws are an adequate deterrent to cyber squatting.
 

Opinion: Tamil in Courts - reinforcing language barriers

Legal opinions

iyerthomas_karthik-seshadriAs lawyers in Tamil Nadu continue their fight to make Tamil the official court language through hunger strikes and the latest public interest litigation (PIL) in the Supreme Court, Madras High Court advocate and Iyer and Thomas partner H Karthik Seshadri highlights the dangers of a regional language-based divide.
 

Legal opinion: Ashurst, Balaji and other writ petitions: Are LPOs safe?

Legal opinions

SDD Global Sanjay BhatiaLegal process outsourcing (LPO) companies have come under the spotlight after the the recent Balaji Chennai High Court writ petition and the Bombay High Court's decision in the Lawyers Collective v. Ashurst case. The cases have created significant uncertainty, argues SDD Global's Sanjay Bhatia, although for the most part it has been a false alarm for LPOs.
 

Legal Opinion: 10 things that could go wrong with GST

Legal opinions

Zeus-law-vivekkohliThe Goods and Services Tax (GST) is expected to be implemented from 1 April 2011 but there is a long way to go before it is actually 'implemented', argue Zeus Law's senior partner and associates.
 

Credit information laws place offshore lenders at disadvantage

Legal opinions

Hitesh SanghviIn respect of dissemination of credit information of borrower companies, offshore lenders have been placed at a disadvantage by the Credit Information Companies Act, argues Hitesh Sanghvi.
 

Litigants' nightmares: Adjournment culture

Legal opinions

Hariani_Co-Rahul_Kothari"Chalta Rahe, Chalta Rahe" - a catchy slogan by a popular television commercial using a court as a setting, advertises the long-lasting ability of its plywood to take a repeated battering of the Judge's gavel as the same matter goes on and on in a court for years on end. It is uncanny how this black humour which is much suited to television can make one smirk but in a real court room can bring a litigant to tears.
 

Alleging Fraud Affects Ability to Enforce Arbitration Clause

Legal opinions

mundkur-kriti-tannanThe Supreme Court of India has recently determined that allegation of fraud in a dispute will affect a party's ability to require that dispute to be referred to arbitration under Part I of the Arbitration and Conciliation Act, 1996 in N. Radhakrishnan vs Maestro Engineers.
 

Opinion: Collective's wisdom; Should foreign firms be allowed at all?

Legal opinions

Bhasin_Company-Lalit-BhasinTo me it appears childish to pose the query "until when can entry of foreign lawyers be prevented in India", says Bhasin & Co managing partner and Society of Indian Law Firms (SILF) chairman Lalit Bhasin in response to last week's opinion that the Lawyers Collective judgment is wrong.
 

Opinion: Why the Lawyers Collective judgment is wrong

Legal opinions

Kaden-Boriss_Hemant_BatraThe question is not whether to allow entry of foreign lawyers in India, but the question is until when can entry of foreign lawyers be prevented in India, argues Kaden Boriss Legal LLP founding partner Hemant K Batra.
 

Axis/HSBC derivative judgments not overturned by SC

Legal opinions

gavelContrary to miscon- ceptions Axis Bank v Rajshree Sugars and Nahar v HSBC cases decided by the Supreme Court did not overturn an earlier Madras High Court judgment, argues B Gopalakrishnan.

 

Fix the Real Estate Act

Legal opinions

house-by-afilerThe draft Model Real Estate Act, while a good idea in principle, has missed the mark on many important practical points and needs work before becoming law, argues bank in-house lawyer Sapan Gupta.

The debacle of economies around the world triggered by irresponsible, uncontrolled investment in the global real-estate market has made India aware of its need to regulate the sector, despite coming out of the crisis relatively unscathed.

The Model Real Estate Act by the Ministry of Housing & Urban Poverty Alleviation (MHUPA) is a step in the right direction. But as it stands today, the act overlooks some practical hurdles in the way of addressing several of its objectives to protect individuals from defaults.

 

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