-The Hindu Business Line There can be no denying the need for a legal framework to ensure that the likes of Saradha do not take the entire financial system for a ride. But that said, there will always be greedy investors, willing to be taken in by the tall promises of unscrupulous operators. The latter's task is made easier by loopholes in the law. Hence, Ponzi operators used the legal loopholes...
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The Larger Implications of the Novartis Glivec Judgment-Sudip Chaudhuri
-Economic and Political Weekly The Supreme Court judgment on the Novartis-Glivec case is remarkable because it has gone beyond the specific technical and legal issues surrounding patents and has put the matter in a much larger political and economic perspective. The deeper implication of the judgment is that it is not only justified to deny patents when incremental innovation is trivial as in the Glivec case. The judgment has linked the...
More »Can legal measures root out chit fund frauds? - Yes -Ramesh K. Vaidyanathan and Anumeha Iyer
-The Hindu Business Line Chit funds, one of India's oldest indigenous financial institutions, are regulated by the Chit Funds Act, 1982, a central statute, and various State-specific regulations. Further, the Securities and Exchange Board of India (SEBI) regulates the operation of ‘collective investment schemes' (Collective Investment Schemes) through the SEBI 1999 Regulations (CIS Regulations). However, Section 11 AA of the Securities and Exchange Board of India Act, 1992 specifically excludes a...
More »‘Falsifying information online a punishable offence’-Devesh K Pandey
-The Hindu Oblivious of the fact that misrepresentation on the Internet amounts to creation of false electronic record, which is punishable with even imprisonment, a large number of people, including minors, are opening accounts on social networking websites by making false disclosures about their name, age and place. Legal experts have cautioned that such misrepresentation can invite penal action. "Creating false electronic record is an offence under the Information Technology Act and...
More »Fixing the foundations
-The Indian Express Chit fund scams shine the light on the need to overhaul the financial regulatory architecture Cases of semi-regulated or unregulated entities making unrealistic promises to consumers are roiling the financial landscape. It is high time the government sees the pattern and undertakes fundamental change. The search for a solution must factor in two realities. The first is the failure of the formal regulated financial system. The breakdown of present...
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