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RESOLUTION OF ARBITRATIONS THROUGH CONSOLIDATION

  BACKGROUND Arbitration is an ancient concept and its origin can be traced back to Greek and Roman City-States. As early as the sixth century B.C., Greek city-states were resolving disputes like ownership of properties, assessment of damages, etc. through arbitration. Even the works of eminent historians like Herodotus and Thucydides refer to arbitration. Under Roman law, the term ‘ compropmissum ’ or compromise was a well-known and oft chosen mode of dispute resolution and is considered to be a precursor of arbitration. India also has a long tradition of arbitration and the concept of non-judicial dispute resolution was prevalent in the Indian society,  before any codified law. The works of Yajnavalka refers to certain special arbitration courts in ancient India. Even the panchayat system in India is considered as one of the earliest forms of arbitration. While describing the concept of arbitration, Chief Justice A. Marten observed as “ It is indeed a striking feature of ordinary Ind
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ARBITRABILITY IN TENANCY DISPUTES

Arbitrability of any issue is concerned with the question of whether a dispute can form part of the subject matter of arbitration. In India, the scope and extent of ‘arbitrability’ of various subject matters have been in constant doubt and debate. This uncertainty has arisen due to the lack of any express provision under the Arbitration and Conciliation Act 1996 ('A&C Act') restricting the arbitrability of disputes arising out of specific legal relationships. One of the victims of this uncertainty is the landlord-tenant relationship which is governed by the Transfer of Property Act 1882 ('ToPA'). It is inarguable that arbitral proceedings are fairly private. The private and confidential nature of arbitration has led to the debate as to whether public law issues can be resolved through arbitration. Disputes arising out of the relationships governed by the ToPA have often fallen into the debate. For instance, the question of arbitrability of tenancy matters is pending

FCR (AMENDMENT) ACT, 2020

SLEDGEHAMMER OR PRUDENT? Any registered entity/ NGO, operating for five years or more and has made at least INR 10 Lakhs in the previous three years to attain its main objectives audited by a qualified chartered accountant, such NGO is eligible for FCRA registration. They also need to be registered with the Ministry of Home Affairs. The Foreign Contribution (Regulation) Act, 2010 consists of a framework for regulating and controlling the acceptance and utilization of foreign contribution and foreign hospitality. The FCR Rules require the NGOs receiving more than a crore rupees or equivalent of foreign contribution to disclose the information. Such disclosure is to be done through the direct efforts of the NGO as per Rule 13. The FCRA certificate is valid for a period of five years and must be thereafter renewed in the prescribed manner. NGOs not eligible for registration can seek prior approval from FCRA for receiving foreign funding. This permission is granted only for a specific amou

"SELF-RELIANT INDIA" IN A COVID RIDDEN WORLD

“ As for food, India has plenty of fertile lands; there are enough water and no dearth of manpower. The public should be educated to become self-reliant. Once they know that they have got to stand on their legs, it would electrify the atmosphere ” – Mahatma Gandhi Covid19 as a prospect in crisis The Covid ailment (COVID-19) pandemic, which began in the city of Wuhan, China, has immediately spread to different nations, at first to a great extent influencing Italy and the USA, with cases been accounted for around the world. As of May 8th, 2020, in India, 56,342 positive cases had been accounted for. India, with a populace of more than 1.34 billion—the second biggest populace on the planet—is experiencing issues in controlling the transmission of serious intense respiratory condition Covid 2 among its populace. Different systems are quickly to deal with the current episode; these incorporate computational demonstrating, factual instruments, and quantitative investigations to control the s

A COMPREHENSIVE HANDBOOK FOR MERGERS AND AMALGAMATION

A business can grow over time as the utility of its products and services is recognized in the Market. But in this era of Globalization where the environment is dynamic, competitive and rapidly evolving, Mergers and acquisitions has gained importance as a method of bringing immense inorganic growth to a business.  It provides various benefits to the entities which include increased resources, access to market, technology, reducing the competition, diversification of business, Regulatory, Tax and fiscal considerations. There is always a synergy value that gets created with the joining of two entities which is more when compared with their individual stands.  Mergers can be defined as union of two entities into one; acquisitions are situations where one player takes over the other to combine the bought entity with itself. It may be in form of a purchase, where one business buys another or a management buyout, where the management buys the business from its owners. Further, de-mergers, i.