All India Commercial Law Review

BLOG POST ☀ The taxation of carried interest, a critical element in the compensation structure of fund managers, presents a fascinating comparison between the United States and India. In the US, carried interest is treated as capital gains, providing significant tax advantages and encouraging investment and economic growth. This preferential treatment, however, exacerbates income inequality and leads to substantial revenue loss for the federal government. Conversely, India's approach, which also offers tax benefits by treating carried interest as capital gains, faces legal challenges and uncertainties, impacting financial planning for fund managers and investors. These differences in tax treatment reflect each country's economic priorities and tax philosophies, with the US focusing on incentivising investment and India balancing tax benefits with regulatory clarity. By examining both systems' strengths and weaknesses, this essay explores potential learnings and improvements each country can adopt to create more equitable and efficient tax policies that support economic growth while ensuring tax equity. Author ~ Abhay Asagodu Read More ~ https://lnkd.in/dPdJiWZh

BLOG POST ☀ Recently, the Delhi High Court faced such a scenario wherein an OFS platform gave rise to a suit for violation of personality rights, in the matter of Digital Collectibles Pvt. Ltd. While dealing with an interlocutory application seeking an interim injunction, the primary question before the court was whether the usage of attributes, likeness and personality of players coupled with their performance data, by the defendants would lead to an infringement of the personality rights of the concerned players or not. In this respect, the court answered in the negative, and therefore refused to grant such injunctive relief, however, since the concerned interlocutory order is not a finality, the issue remains unsettled and debatable. Therefore, there is a need to discuss and analyze the jurisprudence in this regard, so as to reach a holistic, appropriate and correct interpretation and position of law. Written by ~ Saksham Sharma https://lnkd.in/dNkgXS6a

BLOG POST ☀ Every artistic composition harbors the latent potential to metamorphose into a magnum opus, encapsulating the artist's or creator's profound wisdom as they breathe life into their creation through profound intellect and unbridled creativity. This correlates with one of the fundamental principles of Intellectual Property Rights, which resides in the preservation of the creativity brought forth by artists, thereby staunchly upholding the sanctity of their creations. In the general precept of Intellectual Property Rights, the conventional notion is that creations are attributed to human ingenuity. Even though machines can assist in enhancing creativity, the foremost merit of copyright is attributed to the human source of that creativity Sankalp Mirani & Syed Suhaib https://lnkd.in/d-FA2HMX

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BLOG POST ☀ Right of Redemption of Borrower Under SARFAESI Act vs. Transfer of Property Act: An Urgent Call For Harmonization Once a mortgage always a mortgage. A mortgage is, by its very nature and essence, redeemable. It is part and parcel of the thing itself. Section 60 of the Transfer of Property Act, 1882 provides for the statutory right of redemption to the mortgagor. As per it, right of redemption is available till the mortgage survives and the same can only be extinguished by the act of parties or a decree of the court. However, an amendment made to Section 13(8) of the SARFAESI Act, 2002 controversially restraints the borrower's/mortgagor's right of redemption. Recently, the Hon'ble Supreme Court in the case of Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd. & Ors. held that as per the amendment made to Section 13(8) of the SARFAESI Act, the right of redemption of the borrower is extinguished once the auction notice is published by the mortgagee. Such an interpretation significantly curtails the mandate of Section 60 of the Transfer of Property Act, 1882. It attempts to make the right to redeem of no practicable use. The author through the present blog tries to emphasize upon the potential errors made by the Apex Court while coming to such a conclusion as well as harmonize the legislative intent enshrined under Section 13(8) of the SARFAESI Act vis-a-vis Section 60 of the Transfer of Property Act, 1882. ~Shaurya Shrestha Awasthi https://lnkd.in/dNhamRJJ

BLOG POST ☀ Right of Redemption of Borrower Under SARFAESI Act vs. Transfer of Property Act: An Urgent Call For Harmonization Once a mortgage always a mortgage. A mortgage is, by its very nature and essence, redeemable. It is part and parcel of the thing itself. Section 60 of the Transfer of Property Act, 1882 provides for the statutory right of redemption to the mortgagor. As per it, right of redemption is available till the mortgage survives and the same can only be extinguished by the act of parties or a decree of the court. However, an amendment made to Section 13(8) of the SARFAESI Act, 2002 controversially restraints the borrower's/mortgagor's right of redemption. Recently, the Hon'ble Supreme Court in the case of Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd. & Ors. held that as per the amendment made to Section 13(8) of the SARFAESI Act, the right of redemption of the borrower is extinguished once the auction notice is published by the mortgagee. Such an interpretation significantly curtails the mandate of Section 60 of the Transfer of Property Act, 1882. It attempts to make the right to redeem of no practicable use. The author through the present blog tries to emphasize upon the potential errors made by the Apex Court while coming to such a conclusion as well as harmonize the legislative intent enshrined under Section 13(8) of the SARFAESI Act vis-a-vis Section 60 of the Transfer of Property Act, 1882. ~Shaurya Shrestha Awasthi https://lnkd.in/dNhamRJJ

BLOG POST ☀ Title ~ Regulatory Dynamics and Operational Impacts: Navigating India's Fin-tech Landscape with the Latest Payment Aggregator Cross-Border Guidelines "Under the new regulations, entities involved in the processing of import and export activities of cross-border payment transactions must comply with the instructions laid out by the RBI. This includes Authorized Dealer (hereinafter “AD”) banks, Payment Aggregators (hereinafter “Pas”), and PA-CBs.  Non-banks aiming to operate as Payment Aggregators for cross-border transactions need RBI authorization by April 30, 2024. This authorization, categorized as import-only, export-only, or both, is essential for offering cross-border payment services. Existing non-bank providers of these services must notify the RBI about their activities within 60 days and seek approval to continue. Entities offering cross-border trade settlement services must have a minimum net worth of Rs 15 crore at the application time, increasing to Rs 25 crore by March 31, 2026. Non-bank lenders without prior business in the segment must have a minimum net worth of Rs 15 crore when applying." Author ~ Sibasish Panda & Janhavi Mahalik National Law University Odisha #nlu #lawstudents #opportunity #legal #fintech #payments #paymentsolutions #aggregates #paymentgateway #legalinsights #legalnews #business #new #legislation #rbi #commercial #commerciallaw #corporatelaw https://lnkd.in/d6VTXf-r

BLOG POST ☀ TITLE - Cross-Border Perspective on Academic Piracy: Shadaw Libraries v. Publishing Giants Shadow libraries are pirate websites that upload tons of research articles, books, comics etc. Recently, cases have been filed against such shadow libraries like Sci-hub, LibGen and Z-library by big-house publishers. The charges against them are of copyright infringement which are in murky waters due to certain exemptions granted under the Copyright Act of various countries. ~Anushka Panwar https://lnkd.in/dvWw9Zbp

BLOG POST ☀ TITLE - Cross-Border Perspective on Academic Piracy: Shadaw Libraries v. Publishing Giants Shadow libraries are pirate websites that upload tons of research articles, books, comics etc. Recently, cases have been filed against such shadow libraries like Sci-hub, LibGen and Z-library by big-house publishers. The charges against them are of copyright infringement which are in murky waters due to certain exemptions granted under the Copyright Act of various countries. ~Anushka Panwar https://lnkd.in/dvWw9Zbp

BLOG POST ☀ Title ~ Striving for Fair Play: Competitive Neutrality in India's Antitrust Landscape “Competitive Neutrality” as per the UNCTAD refers to ensuring a level playing field for every enterprise irrespective of it being a private or a government owned enterprise. Government enterprises like Coal India Limited exercise heavy monopoly in the Coal mining sector and even various sectors which do not have such monopolistic control are affected by the unwelcomed government interference ultimately impacting the competition policy. In sectors such as that of Coal mining the regulator performs dual roles such as that of a player in the sector along with acting as a regulator for that particular sector. Written by - Ankush Kalsule Read more at https://lnkd.in/dKrssyqG