From Priority to Prejudice – The Lenders Dilemma in the RERA Regime
I. Background The real estate sector continues to play a pivotal role in India’s economic development, contributing to an estimate of 13% (thirteen percent) of the India’s GDP in the financial year 2024-25[1]. One of the crucial factors contributing to the growth of the real estate market in India has been the significant reform in …
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FINTECH IN INDIA: AN OVERVIEW OF THE CURRENT REGULATORY LANDSCAPE
I. Introduction The financial technology (better known as ‘fintech’) landscape in India has been on an impressive growth trajectory over the past decade, spurred by a confluence of factors such as government initiatives championing digital payments, the rapid expansion and access to technology (including smartphone usage), and a surge in investment from both domestic and …
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Code of Care: An Overview of India’s Key Healthcare Laws
I. Introduction Over the last few years, the world at large has taken cognizance of India’s ability to deliver quality healthcare at an affordable price. Healthcare is now fast emerging as one of the largest industries in the Indian economy[1], generating significant employment opportunities as well as contributing substantially to India’s economic growth.
Procedure’s Pyrrhic Victory Puts Certainty On Hold
I. Introduction On May 2, 2025, a 2 Judge Bench of the Supreme Court of India rejected JSW Steel’s (“JSW”) resolution plan for the insolvency resolution of Bhushan Power and Steel Limited (“BPSL”). The resolution plan had been approved by the Committee of Creditors (“COC”) under the Insolvency and Bankruptcy Code, 2016 (“IBC”) and thereafter …
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Has the IBC made Inter-Creditor Arrangements Obsolete?
I. Introduction An effectively functioning lending system often finds support from a strong collateral framework.
A NOD TO SWAPS AND DEFFERRED CONSIDERATION IN DOWNSTREAM INVESTTMENT: unlock the foreign investment regime in India
I. Introduction The Foreign Exchange Management Act, 1999 (the “FEMA”), along with the Foreign Exchange Management (Non-debt Instruments) Rules,
A Nod For Swaps And Deferred Consideration in Downstream Investment: Unlocking the Foreign Investment Regime in India
I. Introduction The Foreign Exchange Management Act, 1999 (the “FEMA”), along with the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (the “NDI Rules”), constitutes the primary legal framework governing foreign equity investments (both direct and indirect) in India. Additionally, instructions issued on foreign investment in India and its related aspects under the FEMA in the …
The Draft Digital Personal Data Protection Rules, 2025: Key Takeaways
On January 3, 2025, the Ministry of Electronics and Information Technology, Government of India (“Ministry”) issued the draft Digital Personal Data Protection Rules, 2025 (“Draft Rules”) for public consultation.
EXCLUSION CLAUSES IN CONTRACTS BARRING A CLAIM FOR DAMAGES
I. Introduction Section 73 of the Indian Contract Act, 1872 (“Contract Act”) is a statutory declaration of the right of a party to claim damages for a loss or damage caused by breach of the contract.
Assessing Damages in Construction Contracts – Part II
I. INTRODUCTION This is the second part of our series on the subject of damages in construction and infrastructure disputes. The first part can be accessed, here.