You’ve Made a Will. Now What?
Drafting your Will is just the first step. Read about what can go wrong with your Will and what you can do to make the process smooth. Where There’s a Will, There’s a Long…long way The Indian Succession Act is quite ‘no-frills’ about making a Will. However, the real story of a Will only begins […]
As-is Where-is and Whose Problem Is It Anyways?
As-is, where-is, whatever-is clauses cast a pall over our welfare ideals. Property buyers must now also contend with sellers’ cynical disavowal of responsibility. Table of Contents Introduction In 2014, Ku Chih Choi [1] won a bid for a property that was being auctioned off by the Central Bank of India under the SARFAESI Act. After […]
Don’t Miss The Forest For The Trees
In 2022-23 the Tech Industry saw mass layoffs. Indian Directors have a duty to employees and are responsible for monitoring hiring and firing. Table of Contents Introduction In January 2023, Marc Benioff the CEO of Salesforce, announced that the company would layoff over 10% of its global workforce. At the time he said: “I’ve been […]
Non-Compete? No Point.
The American FTC intends to prohibit non-compete clauses in employment contracts. How will this impact Indian companies and what is a better alternative? Index Introduction Can an employer control what job his former employee takes up after their employer-employee relationship has ended? Non-compete (“NC”) clauses in employment contracts suggest that the answer is ‘yes.’ In […]
Part-time Employees and Other Misconceptions
Co-author/Editor: Nakul Gupta Preface This is the first article in a series examining legal issues related to corporate office employees. The idea for this series germinated from conversations with a former colleague who was a Human Resources leader for a large corporation. She noted that Human Resources practitioners often had questions on the legal aspects […]
Post-dated Cheques: Security or Burden?
A little less than a month before he was sworn in as the new Chief Justice of India, Justice D. Y. Chandrachud along with Justice Hima Kohli ruled on a case of particular interest. The judgement in said case was sufficiently reported in news media and yet the wider implications of the judgement seem to […]
Commercial Mediation – Just Get On With It!
Cross-posted on Linkedin The first time I participated in a commercial mediation was over 15 years ago and it remains the most fruitful activity I’ve been involved in over my legal career. For the uninitiated, mediation is what it sounds like i.e. ‘samjhauta.’ Of course, in the adult world terminology is important and therefore mediation […]
Stamp duty on merger orders: A different approach
I wrote this article for the Indian legal news organization Bar & Bench who kindly posted this on their website. Stamp duty is an important issue for the various state governments in India as well as for Corporate India. The former makes a large part of its revenue through charging stamp duty. For the latter […]