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News & Analysis

Resolving the conflict between section 3(d) and section 3(e)

23 March 2023 by LexOrbis - DPS Parmar

It is generally known and understood that every exception in the act should stand on its own footing. Two seemingly similar provisions in legal sense cannot lean back on one another to fortify the argument favouring the exception or otherwise. This seemingly sound argument suffers the close scrutiny of the Delhi High court in Best Agrolife Limited v Deputy Controller of Patents & Anr (WP(C)-IPD 11/2022 & CM 32/2022, 54/2022, 55/2022).

News & Analysis

Resolving the conflict between section 3(d) and section 3(e)

23 March 2023 by LexOrbis - DPS Parmar

It is generally known and understood that every exception in the act should stand on its own footing. Two seemingly similar provisions in legal sense cannot lean back on one another to fortify the argument favouring the exception or otherwise. This seemingly sound argument suffers the close scrutiny of the Delhi High court in Best Agrolife Limited v Deputy Controller of Patents & Anr (WP(C)-IPD 11/2022 & CM 32/2022, 54/2022, 55/2022).

News & Analysis
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DEAL OF THE MONTH - MARCH 2023

21 March 2023 by asialaw

asialaw's Deal of the Month for March 2023 is...

News & Analysis
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LAWYER OF THE MONTH - MARCH 2023

21 March 2023 by asialaw

asialaw's Lawyer of the Month for March 2023 is...

News & Analysis

Demystifying SEBI`s consultation papers on alternative investment funds

15 March 2023 by Juris Corp - Apurva Kanvinde, Mannan Gala

Over the last few years, alternative investment funds (“AIFs”) have emerged as an integral class of investors. As part of the ongoing efforts of the Securities Exchange Board of India ("SEBI") to evaluate and further ease the regulatory landscape for AIFs in India, SEBI has released five consultation papers, each of which covers a different element of the AIF norms and also includes a suggestion for an alternative review. The objective of the consultation papers is to seek comments / inputs / suggestions from all stakeholders on the proposals presented by SEBI.

News & Analysis

Demystifying SEBI`s consultation papers on alternative investment funds

15 March 2023 by Juris Corp - Apurva Kanvinde, Mannan Gala

Over the last few years, alternative investment funds (“AIFs”) have emerged as an integral class of investors. As part of the ongoing efforts of the Securities Exchange Board of India ("SEBI") to evaluate and further ease the regulatory landscape for AIFs in India, SEBI has released five consultation papers, each of which covers a different element of the AIF norms and also includes a suggestion for an alternative review. The objective of the consultation papers is to seek comments / inputs / suggestions from all stakeholders on the proposals presented by SEBI.

News & Analysis

Insolvency of personal guarantors – which NCLT is right?!

14 March 2023 by Juris Corp - Jayesh H, Sharmistha Ghosh, Palak Nenwani

Application seeking initiation of insolvency against personal guarantors (of a corporate debtor) can be filed before the National Company Law Tribunal (“NCLT”). The question is which NCLT will have appropriate jurisdiction. The Supreme Court of India (“Supreme Court”) has resolved (!) this issue in the matter of Mahendra Kumar Jajodia versus State Bank of India (“Jajodia case”).

News & Analysis

Insolvency of personal guarantors – which NCLT is right?!

14 March 2023 by Juris Corp - Jayesh H, Sharmistha Ghosh, Palak Nenwani

Application seeking initiation of insolvency against personal guarantors (of a corporate debtor) can be filed before the National Company Law Tribunal (“NCLT”). The question is which NCLT will have appropriate jurisdiction. The Supreme Court of India (“Supreme Court”) has resolved (!) this issue in the matter of Mahendra Kumar Jajodia versus State Bank of India (“Jajodia case”).

News & Analysis

Facilitating Access to Korean Capital Markets: Lifting the Foreign Investor Registration Policy and Mandating English Disclosures

06 March 2023 by Jipyong - South Korea

On January 25, 2023, the Financial Services Commission (the “FSC”) announced its proposed measures to ease foreign investors’ access to Korean capital markets (the “Proposed Measures”).

News & Analysis

Facilitating Access to Korean Capital Markets: Lifting the Foreign Investor Registration Policy and Mandating English Disclosures

06 March 2023 by Jipyong - South Korea

On January 25, 2023, the Financial Services Commission (the “FSC”) announced its proposed measures to ease foreign investors’ access to Korean capital markets (the “Proposed Measures”).