RULE OF PRIORITY UNDER PROPERTY LAW

Introduction The maxim “qui prior Est tempore potior Est jure” which means “he who is earlier in time is stronger in law” applies in cases where there are two or more equitable interests. The courts’ have found it troublesome while…

IBC AND INVESTOR PROTECTION IN INDIA: IMPLICATIONS OF THE INDUS BIOTECH RULING

Introduction The National Company Law Tribunal (NCLT), recently decided there existed an arbitrable dispute in the case of Indus Biotech Private Limited (‘Indus’/Corporate Debtor) v. Kotak India (Offshore) Fund & Ors. (‘Kotak’/Financial Creditor). Kotak held Optionally Convertible Redeemable Preference Shares…

SERVICE MATTERS UNDER CAT

Introductions The Central Administrative Tribunal [hereinafter CAT] was established to reduce the case load relating to service matters on high courts and Supreme Court. With the advent of Administrative Tribunal Act 1986 power was divided between the central and state…

ROLE OF INTELLECTUAL PROPERTY IN MERGERS AND ACQUISITION

Introduction Diversification and expansion are the areas which every company seeks to achieve. Accelerating growth and improving company’s performance is the primary goal of a company. In today’s world, a company in order to compete with the dynamic technological era,…

CURRENT POSITION OF WITNESS PROTECTION IN INDIA

“In search of truth, he plays that sacred role of the sun, which eliminates the darkness of ignorance and illuminates the face of justice, encircled by devils of humanity and compassion”.[i] -Justice A.K. Sikri Witnesses are the eyes and ears…

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