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Impact of Consumer Protection Laws on the Banking Industry

May 9, 2023

[By Saloni Mehta] The author is a student of Symbiosis Law School, Pune.   Background on consumer protection laws Consumer protection laws have substantially impacted the legal framework governing the banking industry, particularly in ensuring that banks are held accountable for their actions and that consumers are treated equitably. Consumer Protection Laws safeguard against unfair commercial practices, deceptive marketing and dangerous products. Consumer Protection regulation have recently emphasised…

SEBI’s Portmanteau Pathways on Advertising: Comparing SEC’s Corollary

May 9, 2023

[By Rajdeep Bhattacharjee and Aayush Ambasht] The authors are students of Symbiosis Law School, Pune.   Introduction By way of Circular dated April 5, 2023, the Securities Exchange Board of India (“SEBI”) devised a regulatory cobweb in order to regulate the code of conduct with regards to advertisements; which are to be strictly complied by the Investment Advisers (“IAs”) and Research Analysts (“RAs”) or who are popularly paralleled…

Banks must hear Borrowers before classification of accounts as fraud: Supreme Court verdict on SBI v. Rajesh Agarwal

May 2, 2023

[By Pranay Bhattacharya] The author is a is a lawyer focusing on banking & finance and insolvency & bankruptcy laws.   Introduction In a significant ruling, the division bench of the Supreme Court (“SC”) in State Bank of India & Ors v. Rajesh Agarwal & Ors, (Civil Appeal No. 7300 of 2022) on 27 March 2023 considered the long pending issue that whether the principles of natural justice…

The Distinct Idea of Super-Dominant Undertaking: Judgment of Google Shopping

May 2, 2023

[ByShubham Gandhi and Adhiraj Lath] The authors are students of National Law University, Jabalpur.   Introduction The Google Shopping Judgment (“Google Shopping”), passed by the General Court of the European Union, has once again brought to light the much-debated concept of the Super-Dominance of an undertaking. The judgment,while addressing how Google allegedly used its dominance in the overall internet search market to keep competitors out,     , meaning thereby…

Critiquing the Evidentiary Burden Jurisprudence vis-a-vis Insider Trading Regime in India

May 2, 2023

[By Aditya Mehrotra] The author is a student of Symbiosis Law School, Pune.   Abstract Insider trading is essentially the unlawful trading of stocks having access to non-public information that, if published, would alter the market price of shares. In light of prior rulings on insider trading, the Supreme Court and SAT have rejected the use of circumstantial evidence in identifying insider trading offences, however they have given…

SEBI Consultation Paper on Strengthening Corporate Governance: How Fullproof?

May 2, 2023

[By Muskan Madhogaria, Lavanya Bhattacharya and Srishti Gupta] The authors are students of Jindal Global Law School.   Introduction  The Securities and Exchange Board of India (“SEBI”) recently by way of a Consultation Paper dated 21st February 2023, proposed mandatory disclosure requirements for listed entities by amending Regulation 30 of the LODR along with certain other shareholder approval mechanisms. This has prompted several suggestions for consideration, some of…

Social Stock Exchange: A Rendezvous of Philanthropy and Finance

May 2, 2023

[By Saumya Mittal] The author is a student of Gujarat National Law University.   Introduction The implementation of the Social Stock Exchange (“SSE”) in India exemplifies a point where socialism and capitalism intersect with the appropriate balance, providing a fitting illustration. Although in existence for more than two decades around the globe, SSE was mentioned for the first time in India in the Union Budget of 2019-20. The…

Reverse Mortgage Loans in India: The Need For Regulatory Reform

April 27, 2023

[By Chytanya S Agarwal] The author is a student of National Law School of India University, Bangalore.   I.          Introduction The rationale behind Reverse Mortgage Loans (‘RMLs’) is to ensure adequate retirement income for senior citizens, whose wealth is majorly confined in the form of home equity, . RMLs are essentially the ‘reverse’ of conventional mortgages and entail periodic payments from the mortgagee (and not the mortgagor) for…

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