INSIGHTS
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We routinely write our analysis of current topics for various legal publications.
INDIAN BUSINESS LAW JOURNAL
Change In Law Generates Changes In Attitude
In two judgments delivered earlier this year, the Supreme Court has settled disputes over the change in law clauses in power purchase agreements that have been on-going between generation companies and distribution companies (DISCOM) for many years.
By Mani Gupta & Saumya Upadhyay
LIVE LAW
Foreign Campuses For Higher Education In India – A Half-Baked Regulation?
In pursuance of the National Education Policy 2020 (“NEP”), on 5 January 2023, the University Grants Commission (“UGC”) unveiled the draft of ‘UniversityGrants Commission (Setting up and Operation of Campuses of Foreign Higher Educational Institutions in India) Regulations, 2023’ (“Draft Regulation”)
By Apoorva Chandra & Anil Khanna
MONDAQ
Predictions For 2023 – IBC Yearly Round-Up 2022
The Code follows an evidence-based policy-making method for bringing amendments. This method is followed in most economic legislations, however, the IBBI has been the most successful after the Securities and Exchange Board of India and other such bodies in suggesting real-time difficulties faced by the bar and the bench in making the Code a success.
By Mani Gupta, Aman Choudhary & Saumya Upadhyay & Sakshi Tripathi
LEGAL 500
An Unfair Code for Personal Guarantors
The Insolvency and Bankruptcy Code (“IBC”) was enacted in 2016 to provide a stimulus to the insolvency and bankruptcy process in India, which had not been performing as per the desired pace due to the lack of effective mechanism in the previous legislations. The IBC is a comprehensive legislation enacted with an aim to consolidate the laws relating to insolvency, liquidation and bankruptcy process of companies, partnership firms and individuals and to ensure the resolution in a time bound manner for maximisation of value of assets and balance the interests of all stakeholders.
By Aman Choudhary
The Financial Express
Why should Indian consumers be given the Right to Repair?
The movement for consumers’ right to repair the purchased goods without going to the manufacturer has gained worldwide attention in recent years.The Government of India too has come out with a plan to develop a regulatory framework for ‘Right to Repair’ framework, and a committee has been constituted by the Department of Consumer Affairs to make recommendations for the same.
By Abhishek Tripathi & Sakshi Tripathi
Global Restructuring Review
Overview of India’s Insolvency and Bankruptcy Code
This article contains a summary of the most significant developments in Indian insolvency and bankruptcy law since August 2021. Where possible, the legislative changes and relevant case law are discussed simultaneously to give the reader an understanding of the letter of the law and its interpretation…
By Mani Gupta, Aman Chaudhary & Saumyya Uppadhyyay
LEGAL 500
Revamp of Overseas Investment Regulatory Framework
The Reserve Bank of India (“RBI”) in consultation with the Government of India (“GoI”), has recently revamped the regulatory framework governing the overseas direct investment (“ODI”) made by residents in India.
This article discusses key changes brought under the New ODI Framework.
By Avantika Shukla
ENTREPRENUER INDIA
RBI Pushes For Adoption Of Rupee For International Transactions
The Reserve Bank of India (RBI) has unveiled a mechanism to settle cross-border trade transactions in Indian Rupees (INR). Under the new international trade settlement norms, invoicing, payment and settlement of exports/imports can take place in INR by using a special rupee Vostro account if parties decide to do so. Until now, all international trades were being done in respective foreign currencies mostly in US dollars.
By Avantika Shukla & Anil Khanna
Financial Express
Why should Indian consumers be given the Right to Repair?
This movement aims to persuade businesses to make spare parts, tools, and information on how to repair gadgets available to their consumers to increase the lifespan of products and reduce the cost of repairs for products that are no longer covered by warranties and replacements.
By Abhishek Tripathi & Sakshi Tripathi, August 9th, 2022
Realty Plus
Discoms cannot pull the plug on contracts
The appellate bench of the Andhra Pradesh High Court has stepped in to stop the practice of renegotiation of tariffs by power distribution companies (discoms). In the case of Walwhan Renewable Energy Limited v State of Andhra Pradesh and Ors, the high court held…
By Abhishek Nath Tripathi & Shivika Aggarwal, May 6th, 2022
India Business Law Journal
Energy open access gets the green light
To further speed up India’s mission of achieving half its installed power capacity through non-fossil fuels by 2030, the Ministry of Power (MoP) by its notification of 6 June 2022, introduced the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules, 2021 (rules)…
By Abhishek Nath Tripathi & Shivika Agarwal, July 26th, 2022
India Business Law Journal
Power ministry’s ADR alternative needs a rethink
With the admirable objective of achieving the early and amicable resolution of disputes, the Ministry of Power (MoP) has set up Conciliation Committees of Independent Experts (CCIE) in its office memorandum of 29 December 2021 (OM)…
By Mani Gupta & Saumya Upadhyay, June 7th, 2022
India Business Law Journal
Discoms cannot pull the plug on contracts
The appellate bench of the Andhra Pradesh High Court has stepped in to stop the practice of renegotiation of tariffs by power distribution companies (discoms). In the case of Walwhan Renewable Energy Limited v State of Andhra Pradesh and Ors, the high court held…
By Abhishek Nath Tripathi & Shivika Aggarwal, May 6th, 2022
India Business Law Journal
Power markets may finally spark into life
The Central Electricity Regulatory Commission (commission) in its continuing efforts to create a robust power market has introduced the Central Electricity Regulatory Commission (Power Market) Regulations, 2021 (PMR), replacing the 2010 regulations…
By Abhishek Nath Tripathi & Shivika Agarwal, Mar 28th, 2022
mint
Things you should know before you knock on the Ombudsman Door
There are several sector Ombudsmen that have been set up by the respective regulators, such as the Banking Ombudsman by the Reserve Bank of India (RBI) for banks, the Electricity Ombudsman appointed by the State Electricity Regulatory Commissions, and the Insurance Ombudsman by IRDA…
By Mani Gupta, March 24th, 2022
India Business Law Journal
Plugging into a more efficient power sector
In the budget for the financial year 2022-23, the finance minister laid the foundation for the economy during the Amrit Kaal, the 25 years ending in the 100th year of independence…
By Abhishek Nath Tripathi & Shivika Aggarwal, Feb 23rd, 2022
India Business Law Journal
Open access to electricity becoming a reality
Bringing relief to captive projects, the Supreme Court (SC) has held that captive consumers are not liable to pay additional surcharges. Additional surcharges are charges levied by distribution companies…
By Abhishek Nath Tripathi & Anura Gupta, Dec 24th, 2021
India Business Law Journal
Benefits of Must-Run Status for Renewable Energy Generators.
To push the green India initiative, the Ministry of Power has recently introduced the Electricity (Promotion of Generation of Electricity from Must-Run Power Plant) Rules, 2021 (rules). Under the rules, renewable power…
By Abhishek Nath Tripathi & Anura Gupta, Nov 23rd, 2021
India Business Law Journal
Green Hydrogen: India's Shot at Meeting its Climate Targets.
To meet its climate targets, the government, during the celebrations marking 75 years of independence, announced the National Hydrogen Mission (NHM). According to a draft paper prepared by the Ministry of …
By Abhishek Nath Tripathi & Anura Gupta, Oct 26th, 2021
mint
Rera better Suits Homebuyers than IBC to Resolve Issues.
The Insolvency and Bankruptcy Code (IBC) was enacted to ensure a cultural transformation in the insolvency and bankruptcy landscape. It established a new architecture for insolvency resolution and liquidation. Strict timelines…
By Abhishek Nath Tripathi, Aug 31st, 2021
India Business Law Journal
Electricity Regulator continues to Reign Supreme for Now.
The conflict between electricity regulatory commissions and arbitrators in electricity sector disputes is a long-standing and vexed issue. In the recent case of Chief General Manager (IPC) MP Power Trading Co Ltd & Anr…
By Abhishek Nath Tripathi & Vedant Kumar, Aug 17th, 2021
India Business Law Journal
Captive Generation: APTEL Breaks a Few Chains.
Captive generation is the new battlefield between generators and distribution companies (DISCOM). While captive generation appeals to consumers and generators by providing a cheaper source of electricity, DISCOMs…
By Abhishek Nath Tripathi & Anura Gupta, Jul 20th, 2021
the financial express
5 Years Of RERA: Have Home Buyers Benefited From Orders Passed By State-Wise Authorities?
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By Mani Gupta & Santosh Pandey, Aug 20th, 2021
MINT
Pros and Cons of Will vs Trust in Estate Planning.
Many people have been compelled to think about estate management (in the event of their death) by the unanticipated losses brought about by covid. Although a Will has been the most popular instrument for successi…
By Abhishek Nath Tripathi, Jun 6th, 2021
India Business Law Journal
Reform Agenda on the Cards in New Electricity Policy.
The Ministry of Power has initiated the process for a new national electricity policy (NEP). The Electricity Act, 2003 (act), requires that the government prepares, revises and reviews the NEP. The policy was notified in 2005. The…
By Mani Gupta & Vedant Kumar, Jun 3rd, 2021
INDIA BUSINESS LAW JOURNAL
NCLT Proper Forum for Power Purchase Agreement Insolvency.
The Supreme Court has ruled that the National Company Law Tribunal (NCLT) has jurisdiction under the Insolvency and Bankruptcy Code, 2016 (IBC) in disputes involving Power Purchase Agreements (PPA). Gujarat Urja Vikas…
By Abhishek Nath Tripathi & Vedant Kumar, Apr 20th, 2021
India Business Law Journal
The Power of the Budget to Reform.
For an economy reeling from the effects of covid-19, the 2021 budget brought some hope. It contained announcements for the power sector, centred on power infrastructure…
By Abhishek Nath Tripathi & Anura Gupta, Mar 24th, 2021
India Business Law Journal
Farm Protests put Elecitricity Bill in Jeopardy.
Farmers have completed 60 days of their protest on the Delhi borders. However, the deadlock between the government and the farmers is far from over. The protesting farmers have rejected the proposal to suspend…
By Abhishek Nath Tripathi & Vedant Kumar, Feb 5th, 2021
India Business Law Journal
Keeping the Power on During Insolvency.
The National Company Law Appellate Tribunal (NCLAT) in Gujarat Urja Vikas Nigam Ltd (GUVNL) v Yes Bank Limited recently confirmed a National Company Law Tribunal (NCLT) decision restraining GUVNL from terminating the…
By Abhishek Nath Tripathi & Anura Gupta, Dec 29th, 2020
Disclaimer: The articles featured on this page contain personal views of the authors, and do not necessarily reflect the views of the Firm. The articles should not be treated as a substitute for considered legal advice. Please seek specific legal advice about any specific circumstances you/ your business are facing before taking any action based on the contents of any article.