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legal opinions

01 October 2013

Dothraki rainmakerA law firm pro has penned a response to the controversial Ramblings of a GC column from last week.

26 September 2013

Advocates can’t be prosecuted for legal opinion unless fraud proven, held the Bombay high court. The CBI had charged Mumbai lawyer Mohana Nair with forgery and fraud over a housing loan case opinion, but the court forcefully rejected the case as vexatious and having been “riddled with more holes than a colander”. [TOI]

Two lawyers turn in for doctor’s murder: Two Chennai advocates - Advocates P Basil and his brother P Boris - surrendered before court as suspects in the alleged contract killing of a neurosurgeon [TOI]

Hauz Khas to reopen: After the NGT ordered 34 restaurants to close in HKV last week, 25 have been granted reprieve if they comply with all pollution control measures [HT / summary / profile of activist responsible]

Google to help draft constitutions: Google has set up a site that will compare the world’s constitutions by themes online “to arm drafters with a better tool for constitution design and writing” [The Verge / Google blog]

12 March 2011

The BarHacker team critiques the first All India Bar Exam, provides model answers with explanations on where to find them, examines whether it is possible to score perfect marks and suggests a way forward for the next exam.

07 July 2010

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.

04 December 2009

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.

31 August 2009

stock_exchange_chart_thOption clauses in commercial agreements are useful, popular and flexible in commercial agreements. But are they enforceable under Indian law? The case is far from clear, argues Ankit Guha.

Option clauses are a very common feature in shareholder agreements, share subscription agreements and many other investment related agreements. With a put option the holder has the right to sell its securities to the other party, with a call option holder will have the right to buy the securities from the other party, often at an agreed price. These can be used to hedge risks or provide an uplift to a party if securities should rise in value.

However, the enforceability of these options under Indian law is not settled.

07 August 2009

BLP_Warsha-KaleWho will the Indian Competition Commission hit first? Judging by what the Europeans have been doing, it may very well be the pharmaceutical sector, argue Warsha Kalé and Marcus Pearl.

With a net worth of approximately $8bn the Indian pharmaceutical industry is big business locally and globally - India is the fourth largest pharmaceutical producer in the world, exporting its drugs to 212 countries globally.

28 July 2009

DuaAssociates_HiteshSanghvi_thThe so-called Sarfesi Act is arguably one of the most important developments in Indian banking sector reforms with respect to the non-performing secured assets.

However, certain provisions of Sarfesi seem to be a deterrent to foreign lenders providing finance to Indian borrowers, which in turn affects genuine Indian companies also from raising low-cost international finance.